legal theory

Baker v. Carr (1962)

Definition

A Supreme Court case that held that federal courts could hear cases that claimed that malapportionment of state legislatures violated the Equal Protection Clause of the Constitution. By holding that such cases were justiciable, the Supreme Court paved the way for federal courts (and not just state courts) to hear and decide on reapportionment issues.

Strict scrutiny

Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws.  To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest.  A famous quip asserts that strict scrutiny is "strict in name, but fatal in practice." Accordingly, there exists a concern that an exceedingly rigid application of strict scrutiny will categorically invalidate legislation, while allowing courts to forego a true evaluatio

 

 

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