Which case is associated with the "Footnote Four" in its consideration of when to apply heightened scrutiny to constitutional rights and political processes?

• A. Gitlow v. New York (1925)
• B. Gregg v. Georgia (1976)
• C. Munn v. Illinois (1877)
• D. United States v. Carolene Products Co. (1938)

Answer: (D)

Footnote Four appears in United States v. Carolene Products Co., and it is where the Court first sketches when a more searching judicial review might be appropriate for laws affecting constitutional rights and the political process. In that footnote, the Court suggests that while most statutes warrant a deferential, rational-basis type review, there are certain kinds of laws—especially those that impact political processes or target discrete and insular minorities—where the Court should apply heightened scrutiny to protect democratic structure and minority rights. This idea underpins later development of more exacting standards in cases involving civil liberties and political rights.

The other cases don’t center on this concept. Gitlow v. New York deals with incorporation of First Amendment protections to the states; Gregg v. Georgia addresses the death penalty and punishment standards; Munn v. Illinois concerns state regulation of business. None of these involve Footnote Four or the notion of heightened scrutiny for political-process cases, which is why the associated case is United States v. Carolene Products Co.