What function does strict scrutiny play under the Equal Protection Clause? Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws . Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination.
What function does strict scrutiny play under the Equal Protection Clause quizlet?
If a law or government action classifies persons based on a suspect classification, a strict scrutiny standard applies to determine whether the law or action violates equal protection .
What does strict scrutiny protect?
Under a strict scrutiny analysis, a law that restricts freedom of speech must achieve a compelling government interest and be narrowly tailored to that interest or be the least speech-restrictive means available to the government. Strict scrutiny also is used when a law targets a specific religious faith.
What are the three levels of scrutiny under the Equal Protection Clause?
After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body’s action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny .
What are examples of strict scrutiny?
Example: An example of applying the strict scrutiny standard to fundamental rights (Equal Protection) based upon race, is Loving v. Virginia (1967), where SCOTUS struck down a Virginia law banning interracial marriage . Practice Scenario: The state passes a law prohibiting individuals from burning the state flag.
What does the equal protection clause protect quizlet?
Equal Protection Clause of the 14th Amendment prohibits any state from passing a law that denies to any person within its jurisdiction the equal protection of the laws . Challenge may arise where there is a difference in treatment based on discriminatory classification.
What does the equal protection clause mean quizlet?
Define Equal Protection of the Laws. It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons .
What is strict scrutiny quizlet?
Strict scrutiny. The court will apply strict scrutiny review to any law that is based on suspect criteria, such as race, national origin and sometimes legal alienage . Under this review, the law is upheld only if the law is NARROWLY TAILORED to complete a COMPELLING government interest.
How is strict scrutiny used by the Supreme Court quizlet?
How is strict scrutiny used by the Supreme Court? It is the highest standard of review in regards to suspect classification laws .
What cases used strict scrutiny?
The first and most notable case in which the Supreme Court applied the strict scrutiny standard and found the government’s actions constitutional was Korematsu v. United States (1944), in which the Court upheld the forced relocation of Japanese Americans in internment camps during World War II.
What is strict scrutiny test of reasonable classification?
# Merriam Webster’s Law Dictionary defines strict scrutiny as the standard used to determine whether a classification of a group of persons (such as a racial group) or a fundamental right (such as the right to vote) violates due process and equal protection rights under the United States Constitution.
What are the three levels of scrutiny used by the Supreme Court?
There are three judicial review tests: the rational basis test, the intermediate scrutiny test, and the strict scrutiny test .
What does the Equal Protection Clause say?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Which of the following is true under the strict scrutiny standard?
Which of the following statements is true of the strict scrutiny standard? Under the strict scrutiny standard, a law or action must be necessary to promote a compelling self-interest and must be narrowly tailored to meet that interest .
When was strict scrutiny first used?
Abstract. This article argues that strict scrutiny did not originate in equal protection cases. Rather, it originated in the First Amendment in the late 1950s and early 1960s and migrated from there to the Equal Protection Clause in the late-1960s.
Which of the following is an issue that would be evaluated using the strict scrutiny test?
Which of the following is an issue that would be evaluated using the strict scrutiny test? Affirmative action -an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education; positive discrimination.
What does the equal protection clause of the 14th Amendment prohibit quizlet?
2) The Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits states from denying any person within its territory the equal protection of the laws . This means that a state must treat an individual in the same manner as others in similar conditions and circumstances.
What was the original intent of the equal protection clause quizlet?
The Equal Protection Clause expressly applies to state and local government action. E. The original purpose of the Equal Protection Clause was to guarantee equal rights to all persons after the Civil War .
What is an example of equal protection?
For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races . Also, as mentioned above, any laws requiring segregation of the races will be held unconstitutional.
How does the court interpret the Equal Protection Clause quizlet?
After the Slaughter-House Cases, the Court interpreted the Equal Protection Clause to include the equality function and the Due Process Clause to provide the substantive protections once theorized to be part of the Privileges or Immunities Clause of the Fourteenth Amendment.
Why was the equal protection clause created?
Finally, the “equal protection clause” (“nor deny to any person within its jurisdiction the equal protection of the laws”) was clearly intended to stop state governments from discriminating against Black Americans , and over the years would play a key role in many landmark civil rights cases.
What level of scrutiny is required for a suspect class quizlet?
Strict scrutiny applies when a suspect class is discriminated. (1) compelling state interest (2) actual interest (3) narrowly drawn. In determining whether an interest is compelling, the court has examined the importance of the interest and whether the state has otherwise acted as if the interest were compelling.
How does the strict scrutiny applied by the Supreme Court differ from intermediate scrutiny quizlet?
How does the strict scrutiny applied by the Supreme Court differ from intermediate scrutiny? Strict scrutiny makes it more difficult for the government to demonstrate that there is a proper basis for a law.
What level of scrutiny are gender classifications subject to under equal protection quizlet?
Discrimination based on gender is “quasi-suspect” and subject to intermediate scrutiny , which is less stringent than strict scrutiny but tougher than the rational basis test.
What does scrutiny mean in law?
scrutiny n
pl: -nies. : searching study or inquiry . ;specif. : judicial investigation of the constitutionality of a statutory classification of persons under the equal protection clause of the U.S. Constitution see also intermediate, strict scrutiny compare rational basis test.
What standards has the court used to determine when the Equal protection clause has been violated quizlet?
The Supreme Court developed three different tests or standards for determining if state laws violate the Equal protection clause. These three tests are referred to as rational basis, strict scrutiny, and intermediate scrutiny .
How does the strict scrutiny applied by the Supreme Court differ from intermediate scrutiny?
As the name implies, intermediate scrutiny is less rigorous than strict scrutiny, but more rigorous than the rational basis test . Intermediate scrutiny is used in equal protection challenges to gender classifications, as well as in some First Amendment cases.
What level of scrutiny is used when gender is involved?
The Court applies a middle-tier scrutiny (a standard that tends to produce less predictable results than strict scrutiny or rational basis scrutiny) to gender and illegitimacy classifications.
Which criteria must a law meet in order to pass the government’s strict scrutiny test to reasonably discriminate select all that apply?
Which criteria must a law meet in order to pass the government’s strict scrutiny test to reasonably discriminate? Select all that apply. It must further a compelling government interest; It must use the least restrictive means to achieve its purpose.
Why is the doctrine of strict scrutiny important to free speech?
Why is the doctrine of strict scrutiny important to free speech? Strict scrutiny forces the government to effectively prove a reason for the restriction or censorship of speech .
What two tests does the high court use when deciding equal protection cases?
When deciding equal protection cases, courts often apply standards known as the rational basis and strict scrutiny tests .
What does the Equal Protection Clause prevent from happening?
The clause, which took effect in 1868, provides “ nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws “. It mandates that individuals in similar situations be treated equally by the law.
What does equal protection require?
The Equal Protection Clause requires states to treat their citizens equally , and advocates have used it to combat discriminatory laws, policies, and government actions.
What protections are granted under the Equal Protection Clause of the Fourteenth Amendment?
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What are the limitations of the Equal Protection Clause?
One of the main limitations in the Equal Protection Clause is that it limits only the powers of government bodies, and not the private parties on whom it confers equal protection . This limitation has existed since 1883 and has not been overturned.
What are the three levels of scrutiny under the Equal Protection Clause?
After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body’s action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny .
