The 14th amendment's equal protection clause "strict scrutiny" test will be used when the legislation:

The answer is differentiates on the basis of race. Strict scrutiny is the most severe typical of judicial review used by US courts. It is included in the hierarchy of ideals that courts use to control which is heavier, a constitutional right or standard or the government's concern in contradiction of observance of the standard.

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explanation:

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i do not believe this was true indefiantly the native americans would have lsot aganist america one they didndt have the resources and allies that america had and 2   indians werent as advanced at the time as they were not 3 americans had the expreince because some of the soliders from other wars fought in that war and were attecked etc