In American constitutional law, it is common to speak of “levels of scrutiny” or “tiers of judicial review.” The terms refer to the degree to which the courts require government justification for a challenged law or action. For example, the Supreme Court requires very little justification for government discrimination on the basis of income (e.g., our progressive income tax), whereas it requires an extremely persuasive justification for government discrimination on the basis of race. Similarly, the Court requires little justification for government regulation of drugs, but requires compelling justification for the regulation of speech.
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