sugarman dougall argued january decided june section new york civil service law provides citizens may hold permanent positions competitive class state civil service district concluded statute violative fourteenth amendment supremacy clause granted injunctive relief held section violates equal protection clause fourteenth amendment since context new york statutory civil service scheme sweeps indiscriminately narrowly limited accomplishment substantial state interests pp special public interest doctrine applicability case pp citizenship requirement justified unproved premise aliens less permanent employees citizens grounds asserted appellants pp state interest defining political community corresponding interest establishing qualifications persons holding state elective important nonelective executive legislative judicial positions broad citizenship requirement established justified basis pp blackmun delivered opinion burger douglas brennan stewart white marshall powell joined rehnquist filed dissenting opinion post samuel hirshowitz first assistant attorney general new york argued cause appellants briefs louis lefkowitz attorney general judith gordon assistant attorney general lester evens argued cause filed brief appellees shane creamer attorney general james adams deputy attorney general filed brief commonwealth pennsylvania amicus curiae urging affirmance justice blackmun delivered opinion section new york civil service law reads except herein otherwise provided person shall eligible appointment position competitive class unless citizen prior december appellees employed nonprofit organizations received funds hra office economic opportunity supportive funds ceased available time organizations approximately employees including appellees noncitizens absorbed manpower career development agency mcda hra appellant administrator advised transferees employed city appellees fact employed mcda february however informed ineligible employment city dismissed statutory mandate shortly thereafter discharged mcda solely alienage appellee dougall born georgetown guyana september resident new york city since employed mcda administrative assistant staff development unit appellee jorge born november dominican republic resident new york city since employed puerto rican forum later human resources technician worked latter capacity mcda appellee vargas born dominican republic june resident new york city since worked puerto rican forum capacity mcda appellee castro born el salvador june resided new york city since employed puerto rican forum assistant counselor human resources technician worked latter capacity mcda record disclose four appellees ever took step attain citizenship district reaching conclusion unconstitutional fourteenth amendment placed primary reliance decisions graham richardson takahashi fish extent purdy fitzpatrick state cal basis cases also concluded conflict congress comprehensive regulation immigration naturalization effect denied appellees entrance abode new york accordingly held encroached upon exclusive federal power constitutionally impermissible art vi cl constitution ii often case important outset define precise narrow issue presented faced question whether new york flat statutory prohibition employment aliens competitive classified civil service constitutionally valid asked decide whether particular alien particular citizen may refused employment discharged individual basis whatever legitimate reason state might possess neither reviewing legislative scheme bars aliens closely defined limited classes public employment uniform consistent basis new york scheme instead indiscriminate general standard enunciated state constitution art effect appointments promotions civil service shall made according merit fitness ascertained far practicable examination far practicable shall competitive line rather flexible constitutional measure classified service divided statute four classes new york civil service law first exempt class includes generally higher offices state executive departments certain municipal officers certain judicial employees positions competitive noncompetitive examination may found impracticable exempt class contains citizenship restriction whatsoever second noncompetitive class includes positions otherwise classified noncompetitive examination practicable citizenship requirement third labor class includes unskilled laborers holding positions competitive examinations impracticable alienage exclusion imposed fourth competitive class concerned includes positions practicable determine merit fitness competitive examination citizens may hold positions class limits several classes particularly competitive class appellees deemed disqualified readily defined appear however consistent broad scope cited constitutional provision competitive class reaches various positions nearly full range work tasks way menial policy making apart classified civil service new york unclassified service includes among others elective offices offices filled legislative appointment employees legislature various offices filled governor teachers citizenship requirement present constitutional statutory citizenship requirements round new york scheme constitution state provides voters art ii members legislature art iii governor art iv comptroller art citizens public officers law requires person holding civil office citizen civil office apparently one possesses attributes public officer involve portion soverign sic power op atty new york post moses app div rev grounds thus constitutional provisions number statutes together constitute new york scheme exclusion aliens public employment present case concerns civil service law section constitutionality however judged context state broad statutory framework justifications state presents iii established course alien entitled shelter equal protection clause graham richardson truax raich wong wing yick wo hopkins see griffiths post protection extends specifically words justice hughes aliens work living common occupations community truax raich appellants argue however violate equal protection guarantee fourteenth amendment statute establishes generic classification reflecting special requirements public employment career civil service distinction drawn citizen alien said rests fundamental concept identity government members citizens state civil servant participates directly formulation execution government policy thus must free competing obligations another power state interest employee undivided loyalty substantial obligations attendant upon foreign citizenship might impair exercise judgment jeopardize public confidence objectivity emphasis placed decision public workers mitchell upholding hatch act proscription political activity certain public employees said public employer broad discretion establish qualifications employees related integrity efficiency operations government apparent however appellants asserted justification proves much little outline new york scheme reveals state broad prohibition employment aliens applies many positions respect state proffered justification little relationship time prohibition application positions seem naturally fall within state asserted purpose standard review statutes treat aliens differently citizens requires greater degree precision graham richardson observed aliens class prime example discrete insular minority see carolene products classifications based alienage subject close judicial scrutiny long quarter century ago held state power apply laws exclusively alien inhabitants class confined within narrow limits takahashi fish therefore look substantiality state interest enforcing statute question narrowness limits within discrimination confined applying standard new york purpose confining civil servants competitive class persons ties citizenship elsewhere withstand necessary close scrutiny recognize state interest establishing form government limiting participation government within basic conception political community dunn blumstein recognize state broad power define political community seeking achieve substantial purpose discrimination aliens means state employs must precisely drawn light acknowledged purpose section neither narrowly confined precise application imposed ineligibility may apply sanitation man class perotta gregory misc typist office worker well person directly participates formulation execution important state policy citizenship restriction sweeps indiscriminately viewing entire constitutional statutory framework light state asserted interest great breadth requirement even evident sections civil service law relating generally persons holding elective high appointive offices contain citizenship restrictions indeed even permits alien hold classified civil service position certain circumstances view breadth imprecision context state interest conclude statute withstand close judicial scrutiny appellants contend however state legitimate interest greater simply limiting citizens high public offices formulation execution state policy understandably relying decisions crane new york heim mccall clarke deckebach appellants argue state constitutionally may confine public employment citizens justice judge cardozo accepted special public interest argument state concern restriction resources state advancement profit members state people crane aff rejected approach however context public assistance graham observed special public interest doctrine heavily grounded notion hatever privilege rather right may made dependent upon citizenship people crane rejected concept constitutional rights turn upon whether governmental benefit characterized right privilege see also sherbert verner shapiro thompson goldberg kelly bell burson appellants argue rejection doctrine public assistance case require rejection doctrine particular applicability regard public employment demonstrated according appellants decisions crane heim upheld fourteenth amendment challenge provisions new york labor law confined employment public works citizens see konvitz alien asiatic american law perceive basis holding doctrine inapplicable graham yet applicable controlling resident alien may reside lawfully new york long period time must pay taxes subject service country armed forces app see astrup immigration service doctrine rooted concepts privilege desirability confining use public resources applicability case extent crane heim clarke intimate otherwise weakened decisions takahashi graham considered controlling state tender justifications bar employment aliens competitive civil service said career civil service intended employee alien subject deportation well conscription country likely remain temporarily civil service position fully agree district response contention offer proof issue appellants hard pressed demonstrate permanent resident alien resided new york surrounding area number years appellees whose family also resides poorer risk career position new york american citizen prior employment city state residing another state hold denies aliens right hold positions new york classified competitive civil service violates fourteenth amendment equal protection guarantee conclusion need reach issue whether citizenship restriction conflict congress comprehensive regulation immigration naturalization see graham richardson iv rule unconstitutional hold basis individualized determination alien may refused discharged public employment even basis noncitizenship refusal hire discharge rests legitimate state interests relate qualifications particular position characteristics employee hold flat ban employment aliens positions little relation state legitimate interest withstand scrutiny fourteenth amendment neither hold state may appropriately defined class positions require citizenship qualification office framers constitution intended keep provided tenth amendment power regulate elections oregon mitchell omitted opinion black see opinion harlan opinion stewart ach state power prescribe qualifications officers manner shall chosen boyd thayer see luther borden pope williams power inheres state virtue obligation already noted preserve basic conception political community dunn blumstein power responsibility state applies qualifications voters also persons holding state elective important nonelective executive legislative judicial positions officers participate directly formulation execution review broad public policy perform functions go heart representative government judge lumbard phrased separate concurrence citizenship bears rational relationship special demands particular position held course state action particularly respect voter qualifications wholly immune scrutiny equal protection clause see example kramer union school district scrutiny demanding deal matters resting firmly within state constitutional prerogatives carrington rash recognition state historical power exclude aliens participation democratic political institutions pope williams boyd thayer recognition state constitutional responsibility establishment operation government well qualifications appropriately designated class public office holders const art iv const amdt luther borden supra see duncan never held aliens constitutional right vote hold high public office equal protection clause indeed implicit many voting rights decisions notion citizenship permissible criterion limiting rights kramer union school district reynolds sims harper virginia board elections carrington rash lassiter northampton election board mason missouri restriction employment noncitizens narrowly confined particular relevance important state responsibility alienage factor reasonably employed defining political community judgment district affirmed footnotes found jurisdiction civil rights statutes supp held suit properly maintainable class action defined class consisting permanent resident aliens residing new york state enforcement section otherwise eligible compete employment competitive class civil service affidavit harold basden director personnel human resources administration app section new york civil service law applicable employees private institution acquired state public agency contains restriction similar employment alien position classified competitive class appellants answer alleged appellee castro terminated additional reason lacked sufficient experience qualify position senior human resources technician app order app excluded appellee castro recognized class exclusion contested brief appellants ibid past invoked doctrine uphold statutes absence overriding treaties limit right noncitizens exploit state natural resources mccready virginia patsone pennsylvania inherit real property hauenstein lynham blythe hinckley acquire land terrace thompson porterfield webb webb frick webb see oyama california aware citizenship requirements imposed certain aspects federal service see exec order fed reg cfr example treasury postal service general government appropriation act pub stat public works appropriations act pub stat deciding present case intimate view whether federal citizenship requirements susceptible constitutional challenge see jalil hampton app cert denied comment aliens civil service closed door geo congressional debates leading adoption fourteenth amendment clear evidence congress knew matter local practice aliens granted right vote amendment receive constitutional right suffrage constitutional right participate political process state government indeed right vote concomitant right participation political process matters local law cong globe noteworthy well congress considered nearly proposed version fifteenth amendment expressly prohibited discriminatory qualifications voting also holding office provision struck conference evident debate whatever motive opponents wanted retain control qualifications office cong globe course fifteenth amendment applies terms citizens justice rehnquist dissenting two cases holds alien really different citizen legislative classification basis alienage inherently suspect fourteenth amendment equal protection clause interprets invalidating state legislation involved contains language concerning inherently suspect classifications matter merely suspect classifications principal purpose drafted adopted amendment prohibit invidiously discriminating reason race cases wall plainly manifested intent classifications based race rightly held suspect amendment language used amendment historical evidence intent framers suggest slightest degree intended render alienage suspect classification designed way protect discrete insular minorities racial minorities way justify result reached two cases two factual considerations deserve emphasis accorded opinions first records nos contain indication aliens suffered disability precluded either group individually applying granted status naturalized citizens appellees far record discloses took steps obtain citizenship indicate affirmative desire become citizens appellant eligible naturalization elected remain citizen netherlands deliberately chose file declaration intent status individuals therefore one forever encumbered take steps alter chose second appellees sought employees administrative agencies new york city government members class represented named appellees three typists one senior clerk two human resources technicians three senior human resources technicians six human resource specialists three senior human resources specialists two supervising human resource specialists record reveal functions performed civil servants although appellee dougall apparently chief administrator program remaining appellees employees new york city human resources administration governmental body numerous employees administers many types social welfare programs spending great deal money dealing constantly public arms federal state local governments holding cases graham richardson classification suspect eyes constitution fails mention let alone rationalize fact constitution recognizes basic difference citizens aliens distinction constitutionally important less instances political document noted brevity representatives const art cl senators art cl must citizens congress authority establish uniform rule naturalization aliens become citizen members society art cl judicial authority federal courts extends suits involving citizens foreign citizens subjects art iii cl somehow parties different distinction made eleventh amendment fifteenth nineteenth amendments relevant citizens president must citizen natural born citizen art ii cl one might speculate meaning art iv cl today numerous classifications basis citizenship set forth constitution cut analysis used results reached cases amendment reads prohibit classifications based citizenship establishes distinction condemns suspect first sentence fourteenth amendment provides persons born naturalized subject jurisdiction thereof citizens state wherein reside unnecessary venture detailed discussion congress intended citizenship clause fourteenth amendment paramount reason amend constitution overrule explicitly dred scott decision scott sandford decisions construing privileges immunities citizens irrelevant question insofar recognize attributes peculiar status federal citizenship see cases cruikshank ex parte yarbrough crutcher kentucky logan quarles cf crandall nevada wall decisions holding alien person within meaning equal protection clause fourteenth amendment simply irrelevant question whether amendment prohibits legislative classifications based upon particular status since amendment terms first defined status lesser included class persons failure articulate classifications amendment forbidden serves illuminate absence constitutional foundation instant decisions held time legislative classifications basis citizenship subject test equal protection justifications advanced legislation rational see clarke deckebach terrace thompson porterfield webb webb frick webb patsone pennsylvania blythe hinckley hauenstein lynham explicitly held violation equal protection clause state statute limit employment public projects citizens heim mccall crane new york even considers justifications enactments controlling decisions clearly hold test applies reject methodological approach decisions relies part decisions truax raich takahashi fish truax supra invalidated state statute prohibited employers five persons employing noncitizens law applicable businesses holding law invalid equal protection clause took pains explain decision meant disturb prior holdings specifically noted added act limited persons engaged public work receive benefit public moneys indeed heim crane decided truax clarke held state constitutionally prohibit aliens engaging certain types businesses anything truax limited later decisions takahashi supra involved statute prohibited aliens ineligible citizenship federal law receiving commercial fishing licenses state whose classification basis race legitimately suspect fourteenth amendment effect using congress power classify granting withholding citizenship countenance attempt discrimination basis race incorporation two features law noted first statutory classification one involving citizens aliens classified citizens resident aliens eligible citizenship one group resident aliens ineligible citizenship another reason discriminating among resident aliens apparent second important fact although properly refused inquire legislative motive overwhelming effect law bar resident aliens japanese ancestry procuring fishing licenses blind fact history see state statute classifies aliens basis country origin much likely classify basis race thus conflict core purpose equal protection clause statute merely distinguishes alienage citizenship takahashi however overrule previous decisions certainly announced suspect classification rule regard classifications say evades rather confronts precedent third apparently paramount decision upon relied graham merely quoted instant decisions carolene products case involving federal statute prohibiting interstate shipment filled milk discussed presumption constitutionality statutes stated need enquire whether similar considerations enter review statutes directed particular religious pierce society sisters national meyer nebraska bartels iowa farrington tokushige racial minorities nixon herndon nixon condon whether prejudice discrete insular minorities may special condition tends seriously curtail operation political processes ordinarily relied upon protect minorities may call correspondingly searching judicial inquiry justice frankfurter aptly observed hardly seems appropriate way announcing new constitutional doctrine carolene purport announce new doctrine kovacs cooper concurring opinion refer searching judicial inquiry classification based alienage perhaps long line authority holding classifications entirely consonant fourteenth amendment national category mentioned involved legislative attempts prohibit education languages english attempts held unconstitutional deprivation liberty within meaning fourteenth fifth amendments cases mention distinction support reasoning nationality alienage mere recitation words insular discrete minority hardly constitutional reason prohibiting state legislative classifications involved necessarily consistent theory propounded approach taken graham cases appears whenever feels societal group discrete insular constitutional mandate prohibit legislation somehow treats group differently group society consisting million individuals multitudinous origins customs tongues beliefs cultures say least diverse hardly take extraordinary ingenuity lawyer find insular discrete minorities every turn road yet unless precisely define constitutionally justify terms analysis uses decisions today stand proposition choose minority feels deserves solicitude thereafter prohibit classifying minority differently majority find cite constitutional authority ward approach equal protection apparent rationale invocation suspect classification approach cases alienage status feel appropriate classify basis rationale appear similar utilized weber aetna casualty surety cited without discussion graham marked difference status condition illegitimacy national origin race altered individual status appellant appellees nothing record indicating status aliens changed affirmative acts ii view proper judicial inquiry whether rational justification exists prohibiting aliens employment competitive civil service admission state bar state legislatures presumed acted within constitutional power despite fact practice laws result inequality statutory discrimination set aside state facts reasonably may conceived justify mcgowan maryland opinion appear answer question negative proceeds state difference aliens citizens purposes participation service political arenas unless means citizenship meaning political context analytical approach less clear hardly convincing curiously conflicts high nonpolitical value heretofore ascribed citizenship citizenship special wasted great deal effort past cf afroyim rusk trop dulles statutes classify basis country origin distinctions native americans foreigners citizens aliens process naturalization specifically designed congress require foreign national demonstrate familiar history traditions institutions society way citizen learn formal education basic social contact congress specifically provided alien seeking citizenship status must demonstrate understanding english language knowledge understanding fundamentals history principles form government purpose make alien establish understood integrated social system system citizenship classes sponsored immigration naturalization service local school system alien aided preparing citizenship every effort made give fundamental uniform knowledge political social structure order may intelligently use fundamental uniform knowledge may complete thoroughly integrated member american society committee house judiciary committee feels basic knowledge common language country able read write speak reasonable facility emphasis added believe irrational new york require class civil servants citizens either natural born naturalized proliferation public administration society witnessed recent years result regulation conduct dispensation services funds vested great deal de facto decisionmaking policymaking authority hands employees considered textbook equivalent policymakers legislative top administrative variety nevertheless far private individual must seek approval services concerned many low level civil servants fact policymakers goldberg kelly implicitly recognized apply facts individual cases much governors write laws regulations administrator must apply since policymaking political community necessarily exclusive preserve legislators judges top administrators irrational new york provide citizens admitted competitive civil service justification efficient government even convincing rationale citizens expected familiar social political institutions society society political mores affect react interact citizens naturalized citizens also demonstrated willingness adjust patterns living attitudes demonstrated basic understanding institutions system government history traditions irrational assume aliens class familiar individuals treat others expect government treat us alien grew country political mores reject bribery extent culture imperious bureaucracy historically adopted complacent contemptuous attitude toward supposed serve fewer checks existed administrative abuses civil servants serve superiors rationally thought able deal public citizen civil servants rapport one familiar political social mores approach duties attitude positions exist service personal sinecures either civil servant superior considerations rationally expected influence administrator charge program appellee dougall made decisions allocating funds hiring dealing personnel decisionmaking lower level civil servant appellee jorge able perform fellow workers superiors even direct contact public factors materially affect efficient functioning city government possibly well integrity government legislative purpose clearly irrational answer clearcut traditionally great latitude prescribing rules regulations concerning technical competence character fitness governing seek admitted practice law see konigsberg state bar california importance lawyers judiciary system government justice needs extended comment attorney officer connecticut status also recognized see powell alabama ex parte garland wall represents client also connecticut may sign writs subpoenas take recognizances administer oaths stat rev important emoluments position though tremendous responsibility trust society places hands lawyers liberty property client may depend upon competence fidelity representation afforded lawyer number particular lawsuits virtue office lawyers also given increasingly undertaken exercise authority seek alter social relationships institutions society use judicial process doubt alien even today decision may required learned law familiar language spoken courts particular state involved connecticut requirement citizenship reflects judgment something technical skills needed lawyer system believe irrational state makes judgment require lawyers understanding american political social experience whether gained growing country case citizen naturalization process case citizen suppose connecticut bar examining committee administer tests american history government sociology state choose go route instead chose operate assumption citizens class might reasonably thought significantly greater degree understanding experience aliens particularly case one appellant candidly admits wants live work want sever fundamental social political relationship country birth believe state judgment irrational therefore reverse judgment affirm opinion applies also griffiths post although members class residents five years time complaint filed therefore ineligible apply immediately citizenship indication members assuming class named appellees prohibited seeking citizenship status resided country required period event circumstance underscores fact unreasonable assume learned adapted mores institutions extent one lived five years social contact although stated graham instant cases aliens like citizens subject service armed services none opinions considered fact congress provided aliens fact served honorably expeditiously become citizens reliance fact male aliens register draft serve called suggest aliens citizens neglects consider statute aliens served honorably like citizens demonstrated like citizens commitment society congress believed warranted considerations aside immediate formal acceptance society