ABSTRACT
The "strict scrutiny" refers to the highest degree of examination that the courts give to particular types of legislation or actions of the executive branch. The concept of strict scrutiny is important because the high level of judicial analysis has become critical to the protection of individual rights in the United States. The origins of the concept of strict scrutiny perhaps may be found in McCulloch v. Maryland, 17 US 316, which involved the issue of whether Congress had constitutional authority to create a national bank. The Court later elaborated upon footnote four, holding, for example, in Skinner v. Oklahoma, 316 US 535, that the right to procreate was a fundamental right that would be examined with strict scrutiny. Strict scrutiny is an important tool of judicial analysis in American democracy. It gives the courts the power to review legislation and protect minority rights against abuse by majority rule.
