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US Federal Constitution QUESTION #5823
Question 1
A state law provides that only U.S. citizens may work as public school teachers. A lawful permanent resident (non-citizen) is denied a job and sues. What is the likely result?
  • The law is unconstitutional because alienage is a suspect class requiring strict scrutiny.
  • The law is constitutional under the 'public function' exception to the strict scrutiny rule for alienage.✔️
  • The law is unconstitutional because it violates the Privileges or Immunities Clause of the 14th Amendment.
  • The law is constitutional because the state has a rational basis to ensure teachers are loyal citizens.
Correct Answer Explanation
While alienage classifications by states are generally subject to strict scrutiny, there is an exception for positions that are 'intimately related to the process of self-government.' This includes police officers, jurors, and public school teachers.