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Bernal v. Fainter

Supreme Court of the United States · 1984 · Constitutional Law

Constitutional LawEqual ProtectionAlienage classificationsPolitical function exceptionEqual Protection ClauseFourteenth Amendmentalienagestrict scrutiny

Facts

Petitioner was a native of Mexico and a resident alien who had lived in the United States since 1961 and worked as a paralegal for Texas Rural Legal Aid. He applied in 1978 to become a Texas notary public so he could administer oaths and notarize statements for migrant farmworkers in civil litigation. Texas law required notaries public to be citizens of the United States, and the Secretary of State denied his application solely because he was not a citizen. Under Texas law, notaries authenticate written instruments, administer oaths, and take out-of-court depositions.

Issue

Whether Texas' citizenship requirement for appointment as a notary public violates the Equal Protection Clause of the Fourteenth Amendment. More specifically, the question was whether the requirement falls within the narrow political function exception to strict scrutiny for alienage classifications.

Rule

State laws discriminating on the basis of alienage are generally subject to strict judicial scrutiny and can be sustained only if they advance a compelling state interest by the least restrictive means available. The narrow political function exception permits a lower level of review only when the exclusion is sufficiently tailored and applies to persons holding important positions that participate directly in the formulation, execution, or review of broad public policy and thus perform functions going to the heart of representative government.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nevada requires all applicants for commissions as document-verification officers to be United States citizens. These officers witness signatures, administer routine oaths, and certify acknowledgments for private contracts and court filings, but they do not set policy or supervise anyone. Lina Ortega, a lawful permanent resident in Reno, is denied solely because she is not a citizen.

If Lina challenges the citizenship requirement under the Equal Protection Clause, which standard of review should a court most likely apply?

Explanation. The majority rule is that state laws discriminating on the basis of alienage are generally subject to strict scrutiny. The narrow political-function exception applies only to positions intimately related to democratic self-government. Where duties are essentially clerical and ministerial—such as witnessing signatures, administering routine oaths, and certifying acknowledgments—the exception does not apply, so strict scrutiny governs.