Final answer:
The U.S. Supreme Court uses strict scrutiny, intermediate scrutiny, and rational basis review as levels of scrutiny for evaluating laws that may discriminate. Strict scrutiny applies to race and related categories, intermediate scrutiny to gender, and rational basis review to other types of classifications.
Step-by-step explanation:
The U.S. Supreme Court has developed three primary levels of scrutiny for evaluating laws that classify individuals in a certain way and possibly infringe on equal protection rights. These levels are strict scrutiny, intermediate scrutiny, and rational basis review. When discrimination against members of racial, ethnic, or religious groups or those of various national origins is in question, strict scrutiny is applied. This is the highest level of scrutiny and requires the government to show a compelling interest and that the discriminatory means used are the narrowest possible to achieve the objective while also being the least restrictive. Intermediate scrutiny is used in cases of gender discrimination and requires that the differential treatment serve an important government objective and be substantially related to achieving that objective. Lastly, the rational basis review is used for other types of classifications not subject to strict or intermediate scrutiny; here, the law only needs to be rationally related to a legitimate government interest.
Given this background, to the questions from the student:
- A group of African American students challenging a college admissions test would likely have their case evaluated under the strict scrutiny standard due to the racial implications.
- The equal protection clause is part of the Constitution because of the Fourteenth Amendment.
- The Supreme Court's power of judicial review enables it to declare acts of the other branches unconstitutional.
- Discrimination based on gender would generally be subject to intermediate scrutiny, not the rational basis test.