Excerpts from the Supreme Court decision in:

US v Carolene Products 1938

304 U.S. 144

JUSTICE STONE:

Footnote #4

There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments ...

It is unnecessary to consider now whether legislation which restricts those political processes which can ordinarily be expected to bring about repeal of undersirable legislation is to be subjected to more exactiong judicial scrutiny under the general prohibitions of the 14th Amendment ...

Nor need we enquire whether similar considerations enter into the review of statutes directed at particular religious, national or racial minorities ... whether prejudice against discrete and insular minorities may be a special condition which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities and which may call for a correspondingly more searching judicial inquiry