It is important to note that courts have combined elements of two of the three tests to create an ad hoc test. The court will determine which scrutiny the individual will be subject to, relying on legal precedent to determine which level of scrutiny to use.
The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). The individual will need to prove that the governing body's action resulted in actual harm to them. 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. constitutional law, is the second level of deciding issues using judicial review. When an individual believes that either the federal government or a state government has violated their guaranteed equal rights, that individual is able to bring a lawsuit against that governmental body for relief.īased on the type of discrimination alleged, the individual will first need to prove that the governing body actually discriminated against the individual. Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. The Fifth Amendment's Due Process Clause requires the United States government to practice equal protection. The Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection.Įqual protection forces a state to govern impartially-not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights.
#Define strict scrutiny full
It is important to acknowledge that a government is allowed to discriminate against individuals, as long as the discrimination satisfies the equal protection analysis outlined below, and described in full detail in this Santa Clara Law Review article. Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
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