Start your day with one quick fact.
The Famous Footnote 4 that would protect against Discrimination
In United States v. Carolene Products Co. (1938), the ruling laid the groundwork for a hidden footnote that would spell out modern civil rights protections. While the main ruling concerned dairy milk marketing, it also established a new standard for courts to consider. In the late 30’s, Justice Stone wanted courts to stop interfering with basic economic laws, so he added a hidden Footnote 4 to tell judges not to be so hands-off. Courts must apply a more exacting judicial scrutiny if a law discriminates against certain rights.
Mini Facts
Appears to violate the Bill of Rights.
Restricts political processes, such as voting, that citizens use to repeal bad laws.
If the law discriminates against minorities who lack the political power to defend themselves through regular voting, then strict scrutiny applies.