American Constitutionalism in Historical Perspective (packet)

Dougall Exception: allows state to discriminate vs. resident aliens in hiring for jobs that perform a political function. Citizens have duties of citizenship, so should be accorded the rights closely associated with citizenship before others.

Foley v. Connelie, 1978: p. 812 court upheld state regulation that forbid resident aliens from serving as state troopers.

Ambach v. Norwick, 1979: p. 812 court upheld state regulation that excluded resident aliens from teaching in public schools, applied to those that could have sought citizenship but chose not to.

Notaries public are purely adminstrial and no power of political influence: Bernal v. Fainter: Dougall exception c/n justify Texas barrier to aliens becoming notaries public.

Fed cases: upholds these exclusions in deference to fed power over immigration policy in their area of plenary power. Characterize these cases not as equal protection but rather as immigration federal cases. Pp.813-14 (Toll v. Moreno, Hampton (exception to federalist deference) , Mathews)

Illegitimate Children: primarily issue in det inheritance rts, usually involves exclusion of illegit child. Pp. 815-17

1. 
   History of prejudice: children have been demonized over a situation he is powerless to change. Reinforcing values of the traditional family
   
2. 
   Irrelevant to legitimate state purpose:
   
   1. 
      When the state is cutting off inheritance rights entirely this has been found irrelevant to state purpose. (Trimble) But if just subordinating claims of illegitimate children to legitimate children may be upheld. (Labine).
      
   2. 
      If there is no opportunity for the parent to legitimate may be struck down. If there is a reasonable way for the parent to legitimate the child and he chooses not to, may be upheld. Lalli. Addresses is issues of fraud w/ wills. Need to make certain you are the illegit natural child.
      
   3. 
      P. 817 paternity suits can be cut off after 2 or 6 yrs. SC struck down cutoffs (Mills, Pickett, Clark) using intermediate scrutiny (gender standard).
      
3.