What fundamental rights are subject to strict scrutiny?
Asked by: Dr. Marisa Pagac IV | Last update: February 12, 2026Score: 4.9/5 (1 votes)
Strict scrutiny applies to fundamental rights like those in the First Amendment (speech, religion, association), voting, marriage, and rights related to privacy/family, as well as discriminatory laws based on race, national origin, and alienage; it's the toughest legal test, requiring the government to prove a law serves a compelling interest and is narrowly tailored, using the least restrictive means.
Does strict scrutiny apply to fundamental rights?
Strict scrutiny is a form of judicial review that courts in the United States use to determine the constitutionality of government action that burdens a fundamental right or involves a suspect classification (including race, religion, national origin, and alienage).
Which of the following would be subject to strict scrutiny?
The Court has consistently found that classifications based on race, national origin, and alienage require strict scrutiny review. The Supreme Court held that all race-based classifications must be subjected to strict scrutiny in Adarand Constructors v. Peña, 515 U.S. 200 (1995), overruling Metro Broadcasting, Inc.
What are the fundamental rights under substantive due process?
Substantive due process has been interpreted to include things such as the right to work in an ordinary kind of job, to marry, and to raise one's children as a parent. Compare with procedural due process.
What are the conditions for strict scrutiny?
To pass the strict scrutiny test, a law must be narrowly tailored to serve a compelling government interest. The same test applies whether the racial classification aims to benefit or harm a racial group. Strict scrutiny also applies whether or not race is the only criteria used to classify.
"The Myth of Strict Scrutiny for Fundamental Rights"
What is strict scrutiny of civil rights?
Strict scrutiny is the most stringent test courts typically apply and is reserved for laws that restrict the most fundamental rights. Sometimes a state constitution will specify that a right is fundamental, but often it is left to state courts to determine whether a particular state constitutional right qualifies.
Is the First Amendment strict scrutiny?
Modern First Amendment jurisprudence has gravitated toward the application of tiers of judicial scrutiny ranging from rational basis review (the minimum standard of constitutionality) to strict scrutiny (a difficult standard for the government to satisfy).
What are the six fundamental rights granted to U.S. by the Constitution?
Fundamental rights and duties are an important part of the Indian constitution. There are six fundamental rights that include right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.
What are examples of substantive rights?
For example, a claim to recover for breach of contract or negligence or fraud would be a common law substantive right. A state or federal statute giving an employee the right to sue for employment discrimination would also create a substantive right.
What are fundamental rights under the 14th Amendment?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What is the burden of proof for strict scrutiny?
Content-based regulations are presumed unconstitutional, and under strict scrutiny the government has the burden of proving that: It has a compelling government interest in regulating the speech. The regulation is narrowly tailored to meet the compelling interest.
Which of the following is not a category that faces strict scrutiny?
The category that does not typically face strict scrutiny is "Sex." 3. The best description of a category facing strict scrutiny is: "Legislation is only able to divide groups on the basis of the category if the government has a compelling interest."
Is right to privacy strict scrutiny?
It seems clear that strict scrutiny does not apply to commercial privacy regulations currently, but the Supreme Court has not entirely ruled it out.
Which of the following types of cases would likely be subjected to strict scrutiny?
Strict scrutiny is a legal standard applied to determine the constitutionality of certain laws or policies. Racial discrimination and age discrimination would likely be subjected to strict scrutiny.
What are examples of scrutiny?
A scrutiny example involves a politician's finances facing close media and public examination, a scientific theory undergoing rigorous peer review and data checking, or a detective carefully inspecting a crime scene for tiny clues; it's any detailed, critical inspection to find flaws or gain deep understanding, often when something is under suspicion or requires validation.
When to use strict scrutiny vs rational basis?
Both the intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test. The rational basis test is generally used in cases where no fundamental rights or suspect classifications are at issue.
Are all fundamental rights subject to strict scrutiny?
Strict scrutiny only applies in the doctrines emerging from two of the ten provisions in the Bill of Rights, the First and Fifth Amendments. Even then, as we will see, strict scrutiny is only occasionally the applicable standard. 24. United States v.
Are substantive rights fundamental?
Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but nevertheless “fundamental”—rights. To date, the United States Supreme Court has never recognized any property right as a fundamental right for substantive due process purposes.
What are procedural rights vs substantive rights?
Procedural Law and Substantive Law
"Procedural law," which refers to the guarantees of certain procedural methods and rules, is distinct from "substantive law," which refers to the rights and duties of everyday conduct, such as those related to contract law and tort law.
What is the difference between fundamental duties and fundamental rights?
The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and uphold India's unity. Fundamental Rights are an integral part of the Constitution; hence, they cannot be taken away. Fundamental rights can be suspended during a national emergency.
What is the Article 12 of the Constitution?
Definition. In this part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
Can fundamental rights be amended?
The Supreme Court has ruled that all provisions of the Constitution, including fundamental rights, can be amended, but that Parliament cannot alter the basic structure of the constitution.
What is not protected under the 1st Amendment?
The categories of unprotected speech include obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words.
Does freedom of speech apply to text messages?
Speech, under the Constitution, includes any form of written, verbal or non-verbal communication.
What are the 5 limits to freedom of speech?
Five key limits to freedom of speech include incitement to violence, true threats, defamation, obscenity/child pornography, and speech integral to criminal conduct, all of which are generally unprotected because they cause direct harm, incite immediate illegal acts, or involve other serious offenses like fraud or perjury, despite free speech protecting even offensive or unpopular ideas.