Intending to encourage long-time resident aliens to become American citizens, a state passed a law denying numerous state and municipal jobs to persons who had been resident aliens for longer than 10 years. Those already in the state had to apply for American citizenship within a year after the law took effect. Persons who had acquired resident alien status prior to achieving the age of majority had until age 30 to acquire such status or be automatically disqualified from obtaining such a job. A 40-year-old man who has been a resident alien in the state for 15 years applied for a job as a police emergency response telecommunications expert. He had not filed for citizenship within the one-year grace period.

Question

Catherine Strong

Social Studies

21 July, 22:04

Intending to encourage long-time resident aliens to become American citizens, a state passed a law denying numerous state and municipal jobs to persons who had been resident aliens for longer than 10 years. Those already in the state had to apply for American citizenship within a year after the law took effect. Persons who had acquired resident alien status prior to achieving the age of majority had until age 30 to acquire such status or be automatically disqualified from obtaining such a job. A 40-year-old man who has been a resident alien in the state for 15 years applied for a job as a police emergency response telecommunications expert. He had not filed for citizenship within the one-year grace period.

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Answers (1)

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Wyatt Gentry · Answer 1

No, because the reasons for application of the law to the man do not appear compelling.

Explanation:

In the scenario, it can be said the law may be unconstitutional in the way it was applied to the man. This has to do with equal protection issue. However, under the Equal Protection Clause, classification of states on the basis of alienage must be scrutinized strictly and hence must be of real compelling interest for it to be considered constitutional. In the case in question, there have been no compelling reasons to make it constitutional.