Strict scrutiny

Definition

Strict scrutiny is the highest standard of judicial review used by courts to evaluate laws or governmental actions that infringe upon constitutional rights, particularly those protected under the Fourteenth Amendment. Under this standard, the government must show that the challenged law serves a compelling governmental interest and that the law is narrowly tailored to achieve that interest. This rigorous review often applies to cases involving fundamental rights and suspect classifications, such as race or national origin.

5 Must Know Facts For Your Next Test

1. Strict scrutiny is typically applied in cases involving racial discrimination or restrictions on fundamental rights like free speech and voting.
2. For a law to pass strict scrutiny, the government must demonstrate a compelling interest that justifies its actions, which is a very high bar to meet.
3. The law must be narrowly tailored, meaning it should not be broader than necessary to achieve its compelling interest; this ensures minimal infringement on individual rights.
4. Judicial decisions applying strict scrutiny often result in laws being struck down due to failure to meet these stringent requirements.
5. The application of strict scrutiny reflects a commitment to protecting individual rights against unjustified government intrusion.

Review Questions

• What are the requirements for a law to pass strict scrutiny, and why is this standard considered significant?
  • To pass strict scrutiny, a law must serve a compelling governmental interest and be narrowly tailored to achieve that interest without unnecessary infringement on individual rights. This standard is significant because it provides robust protection for fundamental rights and ensures that any government action infringing upon these rights is justified by a strong necessity. Courts apply this heightened scrutiny primarily in cases involving discrimination based on race or other suspect classifications.
• Discuss how strict scrutiny has been applied in landmark Supreme Court cases and its impact on civil rights.
  • Strict scrutiny has played a crucial role in landmark Supreme Court cases such as Brown v. Board of Education and Loving v. Virginia, where the Court struck down laws that enforced racial segregation and bans on interracial marriage. In these cases, the Court emphasized that laws discriminating based on race must meet the strict scrutiny standard. The application of this standard has had a profound impact on civil rights, leading to greater protections against discriminatory practices and reinforcing the principle that government actions must respect individual liberties.
• Evaluate the effectiveness of strict scrutiny in balancing governmental interests against individual rights within the framework of the Fourteenth Amendment.
  • Strict scrutiny is effective in balancing governmental interests against individual rights as it requires a rigorous examination of laws that may infringe upon fundamental freedoms. By imposing high standards for justification, it deters arbitrary government actions and promotes accountability. However, critics argue that while strict scrutiny protects individual rights, it can also hinder necessary governmental regulations aimed at addressing significant societal issues, creating tension between civil liberties and policy objectives. This ongoing debate highlights the complexities involved in interpreting the Fourteenth Amendment in a modern context.

Related terms

compelling interest: A fundamental state purpose that must be shown to justify a law or policy that infringes on constitutional rights.

narrowly tailored: A requirement that a law or policy must not be overly broad and should only target what is necessary to achieve its intended goal.

equal protection clause: A provision in the Fourteenth Amendment that requires states to provide equal protection under the law to all individuals within their jurisdiction.