In United States constitutional law, this term denotes the highest standard of judicial review used by courts when evaluating the constitutionality of a law. This standard is applied when a law infringes upon a fundamental right, such as freedom of speech, or when a law involves a suspect classification, like race or national origin. To pass this review, the government must demonstrate that the law is narrowly tailored to serve a compelling government interest. For example, if a state law restricts voting access for a specific racial group, this legal test would be applied to determine if the law is constitutional.
This rigorous examination is crucial because it safeguards fundamental rights and protects vulnerable groups from discrimination. It ensures that governmental actions are justified by a significantly important purpose and are implemented in the least restrictive means possible. The application of this test reflects a commitment to upholding principles of equality and liberty enshrined in the Constitution. Its historical context lies in the judiciary’s role as a check on legislative and executive power, particularly in cases where those branches might infringe upon individual rights or discriminate against specific populations. This standard arose from landmark Supreme Court cases dealing with civil rights and liberties, establishing a high bar for governmental actions that impinge upon these protected areas.
