The answer is Strict Scrutiny.
Civil liberties refer to the basic rights and freedoms that are guaranteed to individuals, typically by the constitution or through judicial interpretation. These include rights such as freedom of speech, right to privacy, and right to a fair trial. While civil liberties are crucial, they do not specifically address the burden of proof on the government to justify differential treatment of groups.
Black Codes were laws passed in the southern United States after the Civil War, aimed at restricting the freedoms of African Americans and ensuring their availability as a cheap labor force. These codes are historical examples of discriminatory laws but do not relate to the modern legal standard requiring the government to justify differential treatment.
Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. Under this standard, the government must show that the law or policy serves a "compelling governmental interest" and is "narrowly tailored" to achieve that interest. This is the highest standard of review and is typically applied in cases involving fundamental rights or suspect classifications, such as race or national origin.
The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution and mandates that no state shall deny any person within its jurisdiction "the equal protection of the laws." While this clause is foundational in cases of discrimination, it does not itself specify the burden of proof required; rather, it is the basis upon which standards like strict scrutiny are applied.
Therefore, the correct answer is "Strict Scrutiny," as it directly addresses the burden of proof on the government to justify differential treatment of groups.