Governments Forced to Enact Stricter Regulations to Uphold Constitutional Rights
Courts sometimes criticize governments for not using stricter rules when regulating, instead of less strict ones. This can happen when the government is accused of discriminating unfairly or not being serious about their reasons for making a law. The government might argue that stricter rules wouldn't make a big difference, would cost too much, or would go against other important interests. Surprisingly, even if a stricter rule might not be very constitutional, it can still be used to show that a less strict law is also not constitutional. This new way of thinking about stricter rules in laws helps us understand how they fit into the U.S. legal system.