Adarand Constructors v. Pena (1995) held that federal programs that classify people by race should be presumed unconstitutional. This is primarily a commentary on which concept?

Adarand Constructors v. Pena (1995) held that federal programs that classify people by race should be presumed unconstitutional. This is primarily a commentary on which concept?

• A. Executive privilege
• B. Affirmative action
• C. Federalism
• D. Strict scrutiny for racial classifications

Answer: (B)

Racial classifications in law are subject to the highest level of constitutional review. Adarand v. Pena (1995) established that any government use of race must be analyzed under strict scrutiny—the requirement that such classifications serve a compelling government interest and be narrowly tailored to achieve that interest, with no workable alternatives. This means federal programs that classify people by race face rigorous justification and careful tailoring, even when they aim to remedy past discrimination. While affirmative action policies often raise these issues, the central concept the decision highlights is the strict scrutiny standard for racial classifications, not executive privilege or federalism.

Racial classifications in law are subject to the highest level of constitutional review. Adarand v. Pena (1995) established that any government use of race must be analyzed under strict scrutiny—the requirement that such classifications serve a compelling government interest and be narrowly tailored to achieve that interest, with no workable alternatives. This means federal programs that classify people by race face rigorous justification and careful tailoring, even when they aim to remedy past discrimination. While affirmative action policies often raise these issues, the central concept the decision highlights is the strict scrutiny standard for racial classifications, not executive privilege or federalism.