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The Title 28 of the United States Code QUESTION #3748
Question 1
A law that treats people differently based on their 'alienage' (status as a non-citizen) is generally subject to which level of judicial review when passed by a STATE?
  • Rational Basis.
  • Intermediate Scrutiny.
  • Strict Scrutiny.✔️
  • Clear and Convincing Scrutiny.
Correct Answer Explanation
State laws that discriminate based on alienage are generally subject to strict scrutiny (unless it involves 'self-government' functions like voting or being a police officer). Note: Federal laws on alienage get rational basis.