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Moment in My Life

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Mark Cheng 1. What are suspect classifications and what is meant by strict scrutiny?
The suspect classifications most frequently at issue are racial classifications. Traditionally, race and national origin were the only suspect classifications. For a time, however, it appeared that alienage would be viewed as a suspect classification as well, and classifications based on alienage would therefore be subjected to the strict scrutiny standard of review. However, such extensive exceptions have been made to the use of strict scrutiny in cases involving laws which discriminate based on alienage that it too has essentially been relegated to the realm of intermediate scrutiny (with laws that discriminate on the basis of gender). So far, no classifications other than those based on race and national origin have been squarely labeled “suspect” by the Supreme Court, but it is important to know that the door is open. It is also important to note that while no other types of classifications have been deemed “suspect,” the same strict scrutiny standard applied to these classifications is also applied to laws which burden fundamental rights regardless of who is burdened or whether a suspect classification is used.

In order to apply the strict scrutiny standard based on the use of a racial classification, the classification must be (1) purposeful, and (2) invidious. We will address each in turn.
For a court to apply strict scrutiny, the legislature must either have significantly abridged a fundamental right with the law's enactment or have passed a law that involves a suspect classification. Suspect classifications have come to include race, national origin, religion, alienage, and poverty.

2. Constitution, May numerical goals be used to ensure that students and workers are drawn from every racial group?
No, public organizations may not, but plus factors are

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