Under this type of scrutiny, the burden of proof is on the government to demonstrate that there is a compelling governmental interest in treating people of one group differently to another group.

Under this type of scrutiny, the burden of proof is on the government to demonstrate that there is a compelling governmental interest in treating people of one group differently to another group.

• A. Rational basis review
• B. Strict scrutiny
• C. Intermediate scrutiny
• D. Deferential scrutiny

Answer: (B)

Strict scrutiny is the highest level of constitutional review. Under it, the government must prove that a policy differentiating people by a protected characteristic serves a compelling governmental interest and is narrowly tailored to achieve that interest using the least restrictive means. This is why race, national origin, and religion classifications, or limits on fundamental rights, are evaluated with this stringent standard. If the government cannot meet both parts—showing a compelling interest and that the measure is narrowly tailored—the law or policy is struck down. Other standards place less demanding burdens on the government or apply in different contexts (for example, rational basis is very deferential, requiring only a legitimate interest and rational relation, while intermediate scrutiny targets gender with an important objective and substantial relation).

Strict scrutiny is the highest level of constitutional review. Under it, the government must prove that a policy differentiating people by a protected characteristic serves a compelling governmental interest and is narrowly tailored to achieve that interest using the least restrictive means. This is why race, national origin, and religion classifications, or limits on fundamental rights, are evaluated with this stringent standard. If the government cannot meet both parts—showing a compelling interest and that the measure is narrowly tailored—the law or policy is struck down. Other standards place less demanding burdens on the government or apply in different contexts (for example, rational basis is very deferential, requiring only a legitimate interest and rational relation, while intermediate scrutiny targets gender with an important objective and substantial relation).