What is the focus of strict scrutiny in constitutional law?

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Strict scrutiny is a rigorous standard of judicial review applied to laws or policies that classify individuals based on certain protected characteristics, particularly race. Under this standard, a law or policy is subject to close examination and must meet two primary criteria: it must serve a compelling governmental interest, and it must be narrowly tailored to achieve that interest using the least restrictive means possible.

This heightened scrutiny arises from the understanding that racial discrimination is particularly harmful and unjust, thus warranting a more careful judicial approach. Laws that discriminate on the basis of race are presumed to be unconstitutional unless they meet the stringent requirements of strict scrutiny.

In contrast, laws that regulate business practices or assess economic interests are typically subjected to a lower standard of review, known as rational basis review, where the focus is on whether the law has a legitimate purpose and a rational connection to that purpose. Additionally, laws related to government funding might not directly involve classifications based on race, thereby falling outside the strict scrutiny framework. Thus, the focus of strict scrutiny precisely encompasses those classifications that evoke the most significant concerns regarding equality and justice, particularly those that discriminate based on race.

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