Constitutional Law Keyed to Cohenback
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Hasan was a permanent resident alien of the U.S. who was awaiting an opportunity to become a citizen. Hasan filed an application to become a teacher in the local public high school but was denied the position.The school board explicitly told Hasan that the only reason he wasn’t hired was because he is an alien, but welcome him to reapply when his citizenship has been granted. Hasan brings suit, claiming that his rights to equal protection of the laws have been violated.
What result?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Ursula and George were co-workers in the Jungle City Water Department. Each had been on the job for two years and held the same position: Junior Administrator Class II. When an opening for Senior Administrator became available, both Ursula and George applied for the position. Although George scored slightly higher on the promotion exam administered by the water department, the promotion was given to Ursula under an affirmative action program reserving the first two promotions in any job category to women applicants.
If George brings suit to challenge this program, what result?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
The state of Palomar’s legislature enacted a law that stated in relevant part, “No person who is not a citizen of the United States may be hired for Category C public employment positions by the state of Palomar or by any county, municipality, or other government unit within the boundaries of the state.” One of the positions specified as Category C was civil engineer. At the time the statute was signed into law, Lourdes Delgado, a citizen of the Philippines, had been legally residing in Palomar for five years. She had been trained as an engineer for 10 years in the Philippines before moving to Palomar. For the last three years, Lourdes has been taking additional classes at Palomar State University to stay abreast of the latest techniques and developments in her field. Lourdes read that the Palomar Department of Transportation needed a new drafting engineer. She applied for the position and had the required qualifications. However, Nekro, the assistant director of the Department, turned down her application, telling Lourdes, “I’d really like to hire you but I can’t.” The sole reason Nekro gave was the recently enacted statute. Lourdes really wanted the job and filed suit in federal court, claiming that the statute violates her right to equal protection under the Fourteenth Amendment.
If Lourdes prevails, it will most likely be because:Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
The State of Festo has recently enacted a statute where aliens are forbidden from owning more than 10 acres of land within the state. MuMu, a resident alien, has entered into a contract with Caro to buy 50 acres of land located in Festo.The statute empowers the state attorney general to bring an ejectment action against any alien who owns more than 10 acres of land.
If MuMu brings an action to enjoin the state attorney general, what result?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.