Paralegal Certification PrepLegal Terminology and ConceptsHard
A paralegal is researching a case where a state legislature passed a law that prohibits certain types of political speech. The attorney informs the paralegal that this law will likely be challenged under the 'strict scrutiny' standard of judicial review. This standard applies when a law infringes upon a:
- AProperty Right or impacts Economic Activity
- BIntermediate Scrutiny or involves a Quasi-Suspect Class
- CFundamental Right or targets a Suspect Classification
- DRational Basis or serves a Legitimate Government Interest
Show answer & explanationAnswer & explanation
Correct answer: C. Fundamental Right or targets a Suspect Classification
Strict scrutiny is the highest level of judicial review and is applied when a government action infringes upon a fundamental constitutional right (like free speech) or involves a suspect classification (such as race or national origin).
Why the other options are wrong
- A. Property rights and economic activity are typically reviewed under the rational basis standard.
- B. Intermediate scrutiny applies to quasi-suspect classifications like gender, not strict scrutiny.
- D. Rational basis is the lowest standard, requiring only a legitimate government interest, not strict scrutiny.
Strict Scrutiny (Judicial Review)
The highest and most rigorous standard of judicial review, applied when a government action infringes upon a fundamental constitutional right or involves a suspect classification.
- Government must show a 'compelling state interest'.
- The law must be 'narrowly tailored' to achieve that interest.
- The law must be the 'least restrictive means' available.
Memory trick: Scrutiny: How closely the court 'inspects' a law.