Strict scrutiny
CLEP American Government, Chapter 24
Strict scrutiny
Strict scrutiny is the most demanding principal standard of equal-protection review. It applies to express governmental racial classifications and to many laws that unequally burden a recognized fundamental right. Government must prove a compelling interest and show that the chosen means are narrowly tailored to that interest. Narrow tailoring asks whether the classification closely addresses the identified need without sweeping too broadly, leaving obvious gaps, lasting longer than necessary, or ignoring workable alternatives that avoid the constitutional burden. Every governmental racial classification receives this review, including one adopted with a remedial or beneficial purpose. A favorable motive can help explain the asserted interest, but it does not lower the standard.
Suppose a public university automatically awards admissions points according to an applicant's race to pursue a broadly stated goal of diversity. The express racial classification triggers strict scrutiny; officials must do more than describe a desirable outcome and cannot treat race as a mechanical advantage when the program lacks constitutionally sufficient fit. By contrast, recruiting in underserved neighborhoods or considering an applicant's individual account of overcoming discrimination can operate without classifying the person by race. Strict scrutiny does not make invalidity logically automatic, and a policy can survive when government proves both a sufficiently compelling interest and narrow tailoring. Simply saying "race is involved" does not complete the analysis. In the equal-protection sequence, that fact selects the standard. A complete answer must still identify the precise interest, examine how the classification operates, and test whether its scope and duration fit the demonstrated need.
Video lesson: Equal Protection: Crash Course Government and Politics #29
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