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Abstract
| Argument: |
Tuesday, November 8, 1977
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| Decision: |
Wednesday, March 22, 1978 |
| Issues: |
Civil Rights, Employability of Aliens |
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Advocates
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Facts of the Case
Edmund Foley applied for a position as a New York state trooper. Although Foley was a legally admitted resident alien, state officials refused to permit him to take the examination. New York authorities relied on a statute providing that "no person shall be appointed to the. . .state police force unless he shall be a citizen of the United States."
Question
Did the New York law violate the Equal Protection Clause of the Fourteenth Amendment?
Conclusion
In a 6-to-3 decision, the Court held that the states had an "historical power to exclude aliens from participation in its democratic political institutions" and that the New York statute did not violate the Equal Protection Clause. Noting that states need only to show some rational relationship between a valid state interest and a classification involving aliens, the Court held that the police function was "one of the basic functions of government" and thereby the province of actual United States citizens.