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Strict Scrutiny And Discrimination In The United States

525 Words3 Pages

1) The Fourteenth Amendment was ratified in 1868. The Fourteen Amendment made all persons which are born or naturalized in the U.S. citizens, it includes former slaves. It also states that all citizens of the United States have the right to due process and equal protection of law a, without the discrimination in terms of race or any other reason.
2) The different constitutional standards have been developed by The U.S. Supreme Court to assess the validity of changes based on Due Process & Equal Protection. The Due Process includes the rights of “life, liberty and property”, it is about each citizen. However, the Equal Protection Clause includes protecting a specific group from discrimination. If the problem is about the Fundamental Rights of people, The Strict Scrutiny, the standard is used to weigh the government 's interest against a constitutional right or principle, is used but if it is about the Ordinary Rights of people, the Rational Basis Test, which requires the government to show only the action is rationally related to a legitimate government interest, …show more content…

If the plaintiff shares characteristics of a group and this group is a discrete and insular minority; with an immutable characteristic; and a history of suffering discrimination, to prevent the discrimination the Strict Scrutiny is used by the Court. The Strict Scrutiny test ask whether the federal or state government has a compelling interest in treating the class differently, and the law has been narrowly tailored to achieve that interest without unfairly intruding on the rights of the members of the suspect class. The reason why the most strength standard of judicial review is used in here is since the beginning of the history of the U.S. race, nationality, ethnicity and religion are the areas which most people are discriminated because of being different from the

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