Korematsu is known today as an “ugly” mark of our nation’s past, but it has never been explicitly overruled. The Court admitted that classifications based on race had to satisfy the most “rigid scrutiny” (strict scrutiny) but said the “circumstances of direst emergency and peril” justified the action. He challenged the law as a violation of his Constitutional liberty rights.
Of Japanese descent, Korematsu was convicted for refusing to leave. One of them was San Leandro, California, where Korematsu lived. government had issued an Executive Order that all Japanese must be excluded from certain sensitive areas. During a state of war with Japan, the U.S. Oklahoma had passed a law allowing the state to sterilize a person who was convicted three or more times of a “felony of moral turpitude.” The Court said the act, intending to deprive an individual of one of the most basic liberties – “a right which is basic to the perpetuation of a race” – deserved “strict scrutiny.” The Court had not yet adopted the formal characterization of the standard that courts use today (reviewing to ensure the law is “narrowly tailored to achieve a compelling government interest”).Ī well-known case in which the Supreme Court applied Strict Scrutiny and made the rare ruling in favor of the government is Korematsu v. Oklahoma (1942) was an early case in which the Court decided the harshest review (strict scrutiny) was appropriate. The Supreme Court has declared government regulation should be scrutinized very strictly when it infringes on a protected liberty (like procreation or marriage) or a protection action (like political speech), or when it unfairly discriminates against a protected class (like race or national origin). Strict Scrutiny is at the opposite end of the spectrum. It was, in the Court’s opinion, just regular government regulation, and it only had to be reasonable.
#MINIMAL SCRUTINY FREE#
This case did not deserve any higher level of scrutiny because it did not involve a particularly sensitive issue, like free speech or discrimination against someone in a protected class. In denying Nebbia of his claim, the Supreme Court said the government has the right to create general restrictions on private conduct for the purpose of regulating the economy, so long as the government action is not “arbitrary, discriminatory, or demonstrably irrelevant” to the action regulated. The Due Process Clause in the Constitution, Nebbia said, protected him against unfair or unreasonable regulatory power. Nebbia, a store owner, violated the law and challenged that his conviction was unfair. The NY government had decided to regulate the prices of dairy (setting a minimum retail price). The Supreme Court came up with Rational-Basis Review in Nebbia v.
Our infographic outlines the three most common points on the spectrum (Rational-Basis, Intermediate Scrutiny, and Strict Scrutiny). The Supreme Court has found the following situations to correspond to these levels of scrutiny. You can consider the levels of scrutiny as existing on a spectrum: where Rational-Basis Review is at one end and Strict Scrutiny is at the other. The court will evaluate various factors that are likely to raise suspicion to determine the level of scrutiny. Certain classes of people are more highly protected than others. Certain liberties are more highly protected than others.
That depends on the sensitivity of the issue. Which job would you choose? Why would you choose that job over the other? (1 point)ģ.The court must determine whether it will be skeptical of government action, or be less nit-picky. Using the information you've been given about the fast-food job and the gardening job, complete the chart below. When finished, the chart presents a clear picture of what you stand to gain and what you stand to lose when you choose one alternative over another. It usually begins by creating a chart that lists the benefits and the costs of each choice. A cost-benefit analysis is an organized process that individuals and businesses can use to analyze decisions. But they don't usually organize their likesĪnd dislikes in a way that allows for a meaningful comparison. People often make decisions about their different options based on what they like and dislike about them.
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