Advertisement

Suspect Classification

A government classification — race, national origin, or alienage — that triggers strict scrutiny under equal protection.

Suspect classes are defined by a history of discrimination, immutable characteristics, and political powerlessness. Laws classifying on these grounds are presumptively unconstitutional and survive only if necessary to a compelling interest. Facially neutral laws require proof of discriminatory intent (not just disparate impact) to trigger heightened scrutiny.

Advertisement

Related terms

Back to Constitutional Law

Advertisement