MBE Rules · Constitutional Law
Equal Protection — strict scrutiny
The rule
Strict scrutiny applies to classifications based on race, ethnicity, national origin, alienage (state laws), AND classifications burdening a fundamental right. The government must show the law is narrowly tailored to a compelling interest. Almost always fatal.
In plain English
When a law treats people differently based on race or affects a basic right, the government has to prove it's absolutely necessary for an important reason.
Worked example
A city law bans non-citizens from becoming police officers. Since it targets alienage, the city must prove this rule is essential for public safety. If not, the law will likely be struck down.
Memory hook
Strict scrutiny: Rarely survives the storm. Race, rights, and origins demand compelling reasons and precise laws.
The trap
Students think: Strict scrutiny only applies to racial classifications. Wrong, because it also applies to alienage and fundamental rights. The actual test is if the law is narrowly tailored to a compelling interest.
How examiners test it
The MBE loves: state law impacts non-citizens or limits voting. Question: strict scrutiny? Trap: students miss alienage or fundamental right trigger. Answer: yes, strict scrutiny applies.
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