Equal Prot: Alienage

Question 1

What test is used?

Answer 1

Strict Scrutiny

Question 2

Why?

Answer 2

They are a discrete and insular minority for whom heightened judicial scrutiny is appropriate.

Question 3

Define Alien

Answer 3

-Refers to discrimination against non-citizens. Aliens are residents and “persons” under the 14th amend. Should be distinguished from national origin classification

Question 4

What are the exceptions and what level of scrutiny?

Answer 4

1) Laws that relate to self-government and the democratic process (juries, elected office, voting) (Foley)
* Is this person engaged in policy that would affect citizens?
* Is there discretionary decision making or the execution of policy that substantially affects members of the political community?
2) Through Congressional action or Presidential action. Congress has plenary power over immigration. State can’t deny what const. doesn’t grant them

Question 5

Graham v. Richardson

Answer 5

• Law denied welfare benefits to aliens
• SS applies→ discreet and insular minority.
• A state’s desire to preserve limited welfare benefits to its own citizens is inadequate to justify the discrimination against aliens.

Question 6

Foley

Answer 6

• Upheld state law that required citizenship in order for a person to be a police officer.
• Used RBR
• Court says: police officers integral to self-government; they enforce laws that are the product of the democratic purpose.
• Citizens are more familiar w/ and sympathetic to American traditions.