Which standard applies to race-based classifications in constitutional law?

• A. Strict scrutiny
• B. Rational basis
• C. Intermediate scrutiny
• D. Clear and convincing evidence

Answer: (A)

Race-based classifications are treated as suspect classifications, so they trigger strict scrutiny—the most stringent level of review. Under strict scrutiny, the government must show a compelling governmental interest and that the policy is narrowly tailored to achieve that interest, using the least restrictive means available. This is far stricter than rational basis, which simply requires a rational relation to a legitimate purpose, and it's different from intermediate scrutiny, which applies to some classifications (like gender) and requires a substantial relation to an important objective. Clear and convincing evidence is not a constitutional-review standard for evaluating laws; it’s a civil-proofs standard used in other contexts. So the standard that applies to race-based classifications is strict scrutiny.