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What determines if a law or action will be subject to Strict Scrutiny?"

a) The law's potential impact on the economy
b) The level of public controversy surrounding the law
c) The presence of a compelling government interest and the use of the least restrictive means
d) The number of lawsuits filed against the law

User Nayive
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Final answer:

Strict Scrutiny applies to laws that discriminate based on race, religion, or national origin, or infringe upon fundamental rights and requires a compelling governmental interest, narrow tailoring, and the least restrictive means. The Sherbert and Lemon tests are related to judicial standards assessing religious freedom and government entanglement with religion, respectively. So, the correct answer is option c.

Step-by-step explanation:

What determines if a law or action will be subject to Strict Scrutiny? The correct answer is (c) The presence of a compelling government interest and the use of the least restrictive means.

Strict Scrutiny is a standard of judicial review used by courts when considering the constitutionality of certain types of laws or governmental actions.

In cases where a law discriminates based on race, religion, or national origin, or infringes upon fundamental rights, the law must serve a compelling governmental interest, and it must be narrowly tailored to achieve that interest with the least restrictive means possible without using a more discriminatory or burdensome approach. This is in alignment with the constitutional protections afforded under the Equal Protection Clause and the First Amendment.

The Sherbert test, which assesses whether a law violates the Free Exercise Clause, contributed to the development of the Strict Scrutiny standard. In a similar vein, the Lemon test has been used to scrutinize government actions about the Establishment Clause, evaluating secular purpose, primary effect, and government entanglement with religion.

User Genesst
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