ND Bar Practice Questions - North Dakota Bar Examination Exam

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A state denies a professional license to applicants who are not U.S. citizens. A lawful permanent resident challenges the law under the Equal Protection Clause. What level of scrutiny generally applies to state classifications based on alienage?

Rational basis review in all cases Intermediate scrutiny in all cases Strict scrutiny, unless the political-function exception applies to positions central to self-government No scrutiny, because aliens are not protected by the Equal Protection Clause

Correct Answer:

Strict scrutiny, unless the political-function exception applies to positions central to self-government

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