Homework Sourse7 What constitutional standard is used to evaluate suspect f
Solution
Answer: There are many of the constitutional standards used to evaluate suspects of the governmental forms like strict scrutiny, equal protection clause. Strict scrutiny is applied to government actions that affect groups that fall under a \"suspect classification.\" The US Supreme Court has mentioned a variety of criteria that, in some combination, may qualify a group as a suspect classification, but the Court has not declared that any particular set of criteria are either necessary or sufficient to qualify.[
Lets study about them in detail and understand what does they exactly mean.
1. Strict scrutiny is the most stringent standard of judicial review to evaluate the suspect forms of the government. It is part of the hierarchy of standards that courts use to determine which is weightier, a constitutional right or principle or the government\'s interest against observance of the principle. The lesser standards are rational basis review and exacting or intermediate scrutiny. These standards are used to test statutes and government action at all levels of government within the United States.
This can be applied in two contexts: when a fundamental constitutional right is infringed, particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the Due Process Clause or \"liberty clause\" of the 14th Amendment, or when a government action applies to a \"suspect classification,\" such as race or national origin.
2. Another form of the evaluation is Equal protection law, which provides protection to quasi suspect classes alleging that the burden of the facially neutral law fall on them. Under the approach to analyze the disproportionalte impact, claims raised by either a suspect or semi suspect class that an equal protection law is violated. This approach is also referred to as disproportionate impact analysis. The point of the equal protection clause is to force 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.
3. When Intermediatre scrutinity is involved - courts and people oppose discriminatory laws especially when it is gender based. However, a court will likely uphold a discriminatory law under intermediate scrutiny if the law has an exceedingly persuasive justification and applies to real, fact-based, or biological differences between the sexes.
