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| {{Merge|Strict scrutiny|Talk:Compelling state interest#Merger proposal|date=October 2007}} | |||
| {{R from alternative name}} | |||
| '''The compelling state interest test''' is a test used by the ] in ] and ] claims (all claims with Constitutional bases, actually) under the ] for state action and under the ] for federal action. It is part of the ] analysis that a federal court will employ when either a ] is involved or a ]. A government action or statute subject to strict scrutiny must satisfy a compelling state interest that is narrowly tailored to achieve that interest. The court will give the strictest scrutiny of the state or federal action when it impacts or targets a specially protected class (race, ethnicity) or when a fundamental and Constitutionally protected right is involved (Freedom of Speech, Right to Vote). The compelling state interest test is distinguishable from the ] test, which involves Fourteenth and Fifth Amendment claims that do not involve a suspect class and involve a ] rather than a fundamental right. | |||
| == Notable cases == | |||
| *], 544 US 709 (1963) | |||
| *], 1972 | |||
| *], 1990 | |||
| *City of Boerne v Flores, 521 US 507 (1997) | |||
| *O Centro v Gonzalez, 2006 | |||
| == See also == | |||
| *] | |||
| *] | |||
| *] | |||
| *] | |||
| *] | |||
| *] | |||
| ] | |||
| ] | |||
| {{law-term-stub}} | |||
Latest revision as of 01:34, 29 June 2012
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