*1 THE OF EDUCATION OF COMMISSIONER AMBACH, v. NORWICK YORK, al. OF NEW et STATE al. et 17, 1979 April January 10, 1979 Decided Argued 76-808. No. *2 J., opinion Powell, delivered the of the Court, in which BuRGER, J.,C. and Stewart, White, and RehNquist, JJ., joined. BlacemuN, J., filed a dissenting opinion, in which BreNNAN, Marshall, and SteveNS, JJ., joined, p. post, 81. Judith A. Gordon, Attorney Assistant General New York, argued the cause for appellants. With her on briefs were Abrams, Robert Attorney Louis General, Lefkowitz, J. former Attorney General, Samuel Hirshowitz, A. First Assistant At- torney General, and George Zuckerman, D. Assistant Solicitor General.
Bruce J. Ennis, Jr., argued the cause for appellees. With him on the brief were David Carliner and Burt Neuborne.*
Mr. Justice Powell delivered opinion of the Court. This case presents the question whether a State, consist- ently with the Equal Protection Clause Fourteenth may Amendment, to refuse employ elementary and second- ary school teachers aliens who eligible for United States citizenship but who refuse seek naturalization.
I New York Education Law § 3001 (McKinney for- 1970) bids a public certification as any school teacher person who is not a citizen of the United States, person unless Arent,
*Albert E. Vilma Martinez, S. Peter Boos, and Roderic V. O. Boggs filed a for brief the Washington Lawyers’ Rights Committee for Civil Under Law et al. as amici urging curiae affirmance. The Com- citizenship.1 apply intention an
manifested exemptions create is authorized Education missioner to aliens respect so has done prohibition, this a teacher Unless citizenship.2 eligible yet are not who elementary ain work not he certification, obtains York.3 New secondary or provides: statute 1 The public schools to teach authorized or employed shall person
“No is: who state apply, shall subdivision this provisions The citizen. aNot “3. such provided employed, hereafter or now teacher alien however, thereafter citizen become application to due make shall teacher provisions citizen. become shall law prescribed *3 time the within sixty- hundred first, July nineteen apply after not shall subdivision of this adopted regulations pursuant employed an alien teacher seven, Y. N. employment.” such permitting of education commissioner the 1970). (McKinney (3) 3001 Law Educ. § ineligible who persons exception an contains statute The quota. oversubscribed solely of because citizenship States United in all is statutory provision this 1970). Because (McKinney §3001-a n. see by regulation, provided exception the than narrower respects effect. has no it infra, practical matter aas private teachers qualifications of certify the not does The “competent.” be teachers require such does although it schools, Accordingly, 1978-1979). Supp. (McKinney (2) 3204 Law Educ. § N. Y. to, the as view express no of, question and with the presented not arewe private to teachers pertaining requirement citizenship aof permissibility schools. here: governs regulation following or who States the United citizen is not a “Citizenship. who A teacher provi- issued becoming a citizen intention
has not declared educational appropriate such teacher providing certificate sional or skills (1) possesses and regulations defined qualifications citizenship, holding among teachers readily available competencies not for valid becoming a citizen intention declare (2) unable is or (i) (1978). 80.2 R. C. R. § Y. statutory N. reasons.” required of Education by the Commissioner Certification higher education institutions state teachers Appellee Norwick was born in Scotland and subject is a Great Britain. She has resided in country this since 1965 and is married to a United States citizen. Appellee Dachinger is a Finnish subject who came to country this in 1966 and also is married to a United States citizen. Both Norwick Dachinger currently meet all of the educational requirements New York has set for certification as a school teacher, they but consistently have refused to seek citizenship spite of their eligibility to do so. Norwick applied in 1973 for a teaching certificate covering nursery school through sixth grade, Dachinger sought a certificate covering the same grades in 1975.4 applications Both were denied because of appellees’ failure to meet the requirements of §3001 Norwick then filed this suit seeking enjoin the enforcement §of Dachinger obtained leave to intervene as plaintiff.
A three-judge District Court was pursuant convened to 28 U. S. C. (1970 § 2281 ed.). Applying judicial the "close scru- tiny” standard of Graham Richardson, 403 U. S. (1971), the court held that § 3001 discriminated against aliens in violation of Equal Protection Norwick Clause. v. Nyquist, 417 F. Supp. (SDNY 1976). The be- court lieved that the statute was it because excluded all overbroad, resident aliens from jobs all teaching regardless the subject sought to be taught, alien’s nationality, nature of the *4 accordingly restriction apply does not to them. Brief Appellants 13 n. *. 4At the time of her application yet Norwick had not post met graduate requirements educational permanent for a certificate and accord ingly applied only temporary for a certificate, governed by which also is 3001 She since necessary § graduate obtained the degree for full certification. Dachinger previously had temporary a obtained certificate, lapsed which had at the time of her application. The record does indicate whether Dachinger previously had declared an intent obtain or had temporary obtained the certificate because of applicable some exception requirement. to the citizenship relationship country, the alien’s willingness alien’s this sign loyalty to substitute some other to this Nation’s polit- such as an oath values, allegiance. ical at 921. We Id., probable jurisdiction noted over ap- the state school officials’ peal, (1978), U. S. 902 and now reverse.
II
A
The decisions of this Court regarding
permissibility
statutory classifications involving aliens have not formed air
unwavering line
years.
over the
regulation
of the em
ployment of
long
aliens
has been subject
to constitutional
constraints.
In Yick Wo Hopkins,
v.
(1886),
U. S. 313 (1923);
Webb,
263 U.
(1923);
S. 225
Porterfield
Terrace v. Thompson,
73
or maintaining an inherently dangerous enterprise, Ohio ex
rel. Clarke v. Deckebach, U. S.
(1927),
per
States
missibly could exclude
from
aliens
on
working
public construc
tion projects, Crane New York,
Over time, the Court’s decisions gradually have restricted
the activities from which
States
free to exclude aliens.
sign
first
that
the Court
question
would
the constitu
tionality of
against
discrimination
aliens even in areas affected
“public
interest” appeared
Oyama
California,
U.
S.
(1948). The Court there held
statutory pre
sumptions designed to discourage evasion of California’s ban
on alien landholding discriminated against the citizen children
of aliens. The same Term, the
held
Court
the “owner
ship” a State exercises over fish
found
its
waters
territorial
“is inadequate to justify California in excluding any or all
aliens who are lawful residents of the State from making a
living by fishing in the ocean off its shores while permitting
all others to do so.” Takahashi v. Fish
Comm’n,
& Game
S.
421 (1948). This process of
from
withdrawal
the former doctrine culminated in Graham v. Richardson, supra,
which for the first time treated classifications based on alien-
age as “inherently suspect and subject
judicial
to close
scrutiny.”
Although our more recent departed decisions have substan- tially public-interest doctrine of they Truax’s day, have not abandoned general principle that some state functions are so bound up with operation *6 governmental entity as permit the exclusion from those functions persons of all who part have not become process self-government. Sugar-man, recognized we a State “in could, an appropriately defined posi- class of tions, require citizenship as a qualification for office.” We went on to observe: power
“Such inheres virtue its obliga- already tion, noted above, preserve concep- 'to the basic tion political of a community.’. . . And this power responsibility of the only State applies, not to the qualifications of voters, but persons holding also to state or important elective nonelective executive, legislative, and judicial positions, for participate directly officers who in the formulation, or execution, review broad policy perform functions that to the heart of go repre- government.” sentative (citation U. at omitted).
The exclusion of governmental aliens such positions would not invite as demanding scrutiny from this Court. Id., at 648. See Nyquist also Mauclet, supra, 11; v. Perkins Smith, 370 F. Supp. (Md. summarily 1974), aff’d, 913 (1976). S.
Applying the rational-basis standard, we held last Term that New York could exclude police aliens from the ranks of its Foley force. Connelie, Because S. police function fulfilled “a most fundamental obligation of government constituency” its necessity cloaked policemen with substantial discretionary powers, we viewed police force being one of appropriately those defined of positions classes for which a citizenship requirement could be imposed. Id., at 297. Accordingly, required the State was to justify its classification only “by a showing of some rational relationship between the sought protected interest limiting Id., classification.” at 296. governmental exception
The rule for functions, which general to the applicable standard to classifications based on alienage, important rests on inherent in the principles Consti tution. The though distinction between citizens and aliens, ordinarily private irrelevant is fundamental to the activity, definition and itself government of The Constitution a State. refers to the distinction no than 11 less see times, Suffarman Dougall, supra, at 651-652 indi J., dissenting), (Rehnquist, *7 cating signifi that the status of have citizenship was meant to in cance government. assumption the structure of our The of status, that whether birth or an naturalization, denotes association polity with the in republic, a democratic which, powers Connelie, exercises governance. Foley the of See v. supra, at The important: 295. form of an this association oath of allegiance or ceremony similar cannot substitute unequivocal legal the citizenship represents. bond It is be of special significance cause citizenship govern this of mental entities, exercising when government, the functions of wider in limiting have participation latitude the of noncitizens.5
B In of determining purposes equal protection whether, teaching public governmental analysis, schools constitutes a function, we look public to the role of education and to the degree of responsibility possess and teachers in ful- discretion Connelie, Foley that role. supra, See 297. Each filling v. supports these public considerations the conclusion that school “that regarded performing teachers as a task significance citizenship That the has dimensions constitutional also Trop Dulles, recognized several of our In been decisions. v. (1958), plurality expatriation U. S. 86 a of the Court held that anof punishment American citizen constituted cruel and unusual for the crime Afroyim Rusk, (1967), of desertion in time of war. v. 387 U. S. Congress depriving held the Court Constitution forbade a person citizenship against any of his his will for reason.
go[es] representative government.” Sugar heart Dougall, man supra, at 647.6
Public education, police like the “fulfills most function, fundamental obligation government constituency.” to its Foley, supra, importance at 297. The schools preparation of individuals for participation citizens, preservation rests, on society values which our long recognized by has been our decisions:
“Today,
perhaps
education is
important
the most
func-
tion of
governments.
state and local
Compulsory school
great
attendance laws and the
expenditures for education
dissenting
opinion of
reaching
oppo
Blackmun,
Mr. Justice
conclusion, appears
site
apply
analysis
employed
a different
from that
prior
in our
Rather
considering
decisions.
than
public school
whether
perform significant government
teachers
function,
inquiry
mandated
by Foley
Connelie,
Sugarman
Dougall,
77
both
recognition
demonstrate our
importance
society.
education to our
required
democratic
It is
performance
of our most
responsibilities,
basic
very
even service in
It
the armed forces.
is the
founda-
tion
good
Today
citizenship.
principal
it is a
instru-
ment
the child
awakening
values,
to cultural
preparing him for
professional
later
training,
him
helping
adjust normally
to his environment.”
Education,
Brown v. Board
S. 483,
Keyes
See
1,
Colo.,
also
v.
Denver,
School Dist. No.
S.U.
(1973)
189,
J., concurring in
dissent-
(Powell,
part and
ing in part); San
Independent
Antonio
School Dist.
Rod-
riguez, 411
S. 1,
(1973);
Yoder,
U.
29-30
Wisconsin
S. 205,
id.,
U.
213 (1972);
J.,
at 238-239
concur-
(White,
ring); Abington School Dist. v. Schempp, 374
U. S.
230 (1963)
J., concurring); Adler v. Board of
(Brennan,
Education,
Within the school teachers a part in developing government students’ attitude toward understanding society. in Alone the role citizens our employees day-to- in among system, direct, of the teachers are day in and in the contact with students both the classrooms shaping other a In varied activities of modern school. experience students’ teachers goals, achieve educational necessity way wide over the the course ma- have discretion They terial is responsible communicated to students. subject way matter in a that is presenting explaining both comprehensible inspiring. No amount of standard- plans ization of materials or lesson can eliminate teaching personal qualities brings achieving bear in a teacher goals. these a a for his Further, teacher serves as role model students, exerting important a subtle but influence over their requirements system The curricular of New York’s school reflect ways system some of promotes development understanding prerequisite intelligent participation in required process. democratic provide The schools are “to instruction promote spirit patriotic obligation and civic service and foster and to qualities in the children of the state moral and intellectual which are preparing obligations citizenship peace essential in to meet the or in (1) (McKinney 1969). Flag war . . ..” N. Y. Educ. Law and other § patriotic prescribed, loyalty exercises also are is a characteristic of preservation country. (McKinney essential to the of a 802§ Supp. 1978-1979). required 1969 and addition, courses include classes civics, history, United States and principles New York of American government. (3) (a) (McKinney 1970). §§ Although private schools also are bound requirements, most these stronger the State has a ensuring interest the schools it most directly controls, and for it cost, which bears the are as effective as possible teaching these courses. *10 presentation both the
perceptions through and values. Thus, has an example sets, of and he a teacher course materials gov- opportunity to influence of students toward the attitudes responsi- political citizen’s social ernment, process, and a good is continued bilities.9 This influence crucial to the democracy.10 health of a teachers, it is clear that school and
Furthermore,
all
just
the courses most
responsible
teaching
not
those
directly
civic
should
government, history,
duties,
related to
subject
Although
findings
of
have written on the
scholars who
conclusive, they
judgment,
generally
reinforce the common-sense
experience
us,
influence
of most of
teacher exerts considerable
that a
students, including
development
over the
fundamental social attitudes
may
as
those attitudes which in the
be viewed
broadest sense of the term
political. See,
g.,
Prewitt,
Socialization
e.
R. Dawson & K.
Political
(1969);
Torney,
Development
158-167
The
of Political
R. Hess & J.
162-163,
(1967).
Note,
Right
Attitudes in
Aliens’
Children
217-218
Cf.
Schools,
to Teach:
85 Yale L. J.
Political Socialization and the Public
(1975).
99-104
10Appellees
to teach in
contend that restriction of an alien’s freedom
diversity
contrary
thought
principles
schools
id.,
academic
freedom embodied in the First Amendment. See also
analogy
choice
attempt
106-109.
think that the
between
We
draw
political expression
of association is wide
or freedom
mark,
argument
any
promote
as the
bar
would
effort
particular
government.
values and attitudes
toward
Section
appellees
expressing freely
political
does not inhibit
or social
from
their
associating
they please.
views or from
Givhan v.
whomever
Cf.
(1979);
Dist.,
Western Line Consol. School
415-416
Mt.
U. S.
Healthy City
Doyle,
(1977);
Board
Pick
Education v.
U. S.
ering
Education,
(1968).
v. Board
appellees
help fulfill the upon called specialty, of their Teachers, regardless expressly dedicated including those subjects, to teach other *11 a State subjects.12 importantly, More political to and social having obligation all may regard teachers properly classes, in their understanding virtues and promote civic to Certainly a also subject taught. State the regardless example for stu- of a function as an take account teacher’s classroom sub- independently particular which exists dents, think it foregoing considerations, In the we jects. light of “govern- within the public clear school come well that teachers Foley. Sugarman in principle recognized function” mental only citizenship a requires Constitution Accordingly, the in schools bear requirement applicable teaching to the legitimate a state interest. See relationship a rational to Murgia, Retirement v. 427 U. S. Board Massachusetts 314 (1976):
III furthering interest in As the legitimacy State’s only undoubted, outlined is it remains educational above goals relationship a bears rational (3) § to consider whether its carefully framed serve The to to this interest. restriction only who have teaching those aliens as it bars purpose, citi- to obtain United States unwillingness demonstrated their similarly effect zenship.13 Appellees, situated, and aliens They retain classify prefer chosen to have themselves. country obligations entails citizenship foreign a with the it primary level, appellees sought At the for certifica which both responsible tion, teachers are for basic curriculum. all York, teachers, including in the example, New for all certified those secondary schools, required up to be to five hours available for teaching subjects specialty. outside their 8 N. Y. C. R. R. week 80.2(c) § supra. See n.
of primary duty loyalty.14 They rejected open have invitation extended qualify teach eligibility applying for citizenship country. in this people of New York, acting through their elected representatives, have made a judgment should a qualification teaching the young schools, § 3001 judgment.15 furthers that Reversed Mr. Justice Justice whom Mr. Bren- Blackmun, Justice nan, Mr. Marshall, and Mr. Justice join, Stevens dissenting.
Once again the Court upon is asked rule constitu- tionality of one of many impose New York’s statutes that emphasized, As our cases pay taxes, have resident aliens serve in *12 Forces, significant country Armed and have made in contributions to our private public and S., 722; re Griffiths, endeavors. See In 413 at U. Sugarman Dougall, 413 645; Richardson, at Graham v. 403 U. S. 365, 376 many them, No doubt and not we do exclude appellees, would make public excellent legisla school teachers. But the ture, having in importance mind the of education to state and local governments, see Brown v. Education, Board (1954), 483, 347 U. S. eligibility determine key position for discharging the in that function assumption on the generally that persons, citizens, who are or who have opportunity declined the to seek United citizenship, States are better qualified than are those who have elected to remain aliens.' noteWe this regulations connection that promulgated pursuant (3) do § provide for situations particular where a qualifications special alien’s as a outweigh teacher policy the primarily by served the statute. See 8 N. Y. (i) C. R. (1) (1978). R. appellants §80.2 The us, however, inform that authority the by conferred regulation this has not been exercised. Brief Appellants 7 n. *. 15Appellees argue that the rationally State cannot exclude aliens from teaching positions yet permit them to vote for and on sit certain local school boards. note, first, We that legislature the State’s has not expressly policy. endorsed this Rather, appellants as an administrative matter have interpreted the statute governing City’s unique New York community boards, N. Y. Educ. Law (McKinney 2590-c Supp. § 1978-1979), permit aliens parents who are the school students person before that upon person citizenship requirement These New occupation.1 living specified in a his may earn origin the havé their part, for the most York statutes, when World War First days of the overreactive frantic and were foreigner and fear of parochialism attitudes right are concerned This time we day. order of the elementary at State, of the in the schools teach requirement citizenship with the secondary levels, quoted 1970), (3) (McKinney Law 3001 § N. Y. Educ. ante, imposes.2 at 70 n. Court, 1, regard- decisions its ante, acknowledges, the Court As concerning statutory classifications permissibility ing years.” unwavering over the line formed aliens “have not Connelie, U. S. Foley Term, just last Thus, challenge protection equal upheld against (1978), the Court members of appointment limiting York statute the New citizens of the United States. police force to the state may be was that indicated, the Court touchstone, may assume, App. 27, 29. We also participate in these boards. See for a distinction decide, that there is a rational basis having to without responsi- respective based on their and board members between teachers responsibility for the administra- Although possessing substantial bilities. classes, rarely schools, if ever members teach no board tion identified the students. known or Nyquist Mauclet, 432 U. S. appellees 1 One of required citizenship, aor of the New York statutes submitted list occupations. citizen, for fewer than 37 intent to become a no declaration of 76-208, 19-22, 8-44, Mauclet, pp. nn. O. T. No. Appellee Brief *13 legislatively repealed or those statutes have been inclusive. Some of Among the in modified, judicially Others are still effect. or invalidated. occupations inspector, certified shorthand relating to the latter are those director, masseur, physical therapist, technician. reporter, and animal funeral 2 Y. citizenship requirement origin in 1918 N. had its particular This 4, Laws, 158, Apr. 1918. ch. effective 3 employment rights sure, protecting of decisions “To be the course Griffiths, unswerving In 413 one.” re aliens not been an of resident has (1973). 717, 720 U. S.
83 “ nonelective 'important fulfilling a qualification relevant by 'officers held judicial positions’ executive, legislative, re execution, or formulation, in participate directly who ” Sugarman Id., quoting public policy.’ 296, view of broad at a positions, For (1973). such Dougall, 634, v. 413 U. S. 647 between the relationship only some rational State need show limiting classification. protected to be and the sought interest authority to exercise it then was were clothed Police, felt, that could discretionary powers variety infinite an almost at 297. S.,U. public. 435 seriously affect members of officers who important They category thus fell within the policy.” of “broad directly in the execution participate a rational bore citizenship that persuaded The Court was police positions, special to the demands relationship that constitutionally confine a could therefore Id., at of the United States. public responsibility to citizens qualification propriety making a 300. in recognized, was also narrowly positions defined class of a and in Sugarman Dougall, 413 U. v. passing, Mauclet, Nyquist 432 U. v. S. invalidated frequently hand,
On other the Court right engage denies resident alien the provision state Hopkins, Yick activity: Wo specified occupational Chinese prevent so as to (1886) (ordinance applied U. S. laundry business); Truax subjects engaging employer’s Raich, requiring an (1915) (statute 33S. “qualified composed of not less than work force to be 80% & v. Fish Game citizens”); Takahashi electors or native-born of commercial Comm’n, (limitation 334 U. S. citizenship”); “ineligible persons licenses to fishing relating to (New York statute Dougall, supra Sugarman class” of the state “competitive positions permanent practice (1973) (the service); Griffiths, re 413 U. S. civil summarily Miranda, 413 U. law); Nelson v. S. 1972) (social service worker Supp. (Ariz. aff’g 351 F. *14 Otero, 426 U. S. Flores de Examining v. Board teacher); also engineering). See of civil (the practice certain barring Mauclet, York statute supra (New Nyquist v. higher assistance financial from state aliens resident education). state clas- than once that held more the Court
Indeed, suspect and “inherently alienage based on sifications Richardson, scrutiny.” Graham judicial close subject v. Flores Examining Board (1971). See 403 U. S. at Griffiths, S., 413 U. Otero, re S., 601-602; de at Nyquist v. Dougall, S., 642; 413 U. at 721; Sugarman by a classifications Mauclet, “[alienage And 7. cannot examination stringent do not this that withstand State stand.” Ibid. Foley recently recognized line,
There is most thus in its Connelie, State employments between those constitutionally may citizens, wisdom restrict to United States employments, other, on the hand, on the one those me, present may deny not to resident aliens. For Sugarman-Griffiths-Flores de Otero-Mauclet case on the falls Foley narrowly rather isolated line, side of that than on the side. secondary elementary are concerned here
We education in the schools of New York State. We are college graduate not concerned with or levels. teaching at constitutionally say It that in these absurd, least, seems may not teach lower levels of education a Frenchman or, Englishwoman French teach the indeed, grammar English appellees, sure, to be language. sense, are resident “aliens” the technical but there is not a in the record appellee word that either does not have roots country this or is unqualified any other than the way, imposed requirement of Both appellee to teach. citizenship, appellee Norwick and Dachinger country have been in this *15 citizen. years. Each is to a United over married States other than citizen- currently requirements, meets all Each the that New York for certification as a ship, specified if re- willing, 4.4 Each is Arg. school teacher. Tr. of Oral support to the Constitutions quired, to subscribe to an oath in the and of Each lives United States New York.5 pay and must all obey laws, American must its community, however, obligated pay. of the taxes citizens are Appellees, Finnish give up respective have hesitated their British and just lawyer subject as Fre Le Poole the citizenships, Griffiths, re Griffiths, of In renounce her Netherlands supra, hesitated to to a citizen of citizenship, although married the United States a and resident of Connecticut.
But Court, disadvantage to the crosses the appellees, Foley by ante, at saying, line Griffiths ordinarily aliens, though “distinction between citizens and private activity, irrelevant is fundamental to the definition a government then concludes that State.” It ibid., “constitutes a teaching governmental function,” and that public regarded school teachers as performing a task that goes representative govern- “to the heart ment.” Ante, speaks importance 76. The Court of the public schools in the preparation participa- of individuals for tion in preservation citizens, the values on which
4Appellee graduate Norwick is a summa cum laude of a Massachusetts college average graduate an A in received full-time work in the State University Albany. taught country of New York at She has both in this and in Britain. Great
Appellee Dachinger major cum graduate, German, is a laude with a City University College, York, a pos- Lehman unit of New Early degree sesses a master’s Childhood Education from that institution. taught day-care She has at a center in the Bronx. appellee, thus,
Each has received and excehed in training educational State of New York itself offers. Griffiths, See re at 726 n. 18. a play observing that teachers society After then rests.6
our citi- New holds York’s the Court part this, all critical because it bears is constitutional zenship requirement these furthering interest relationship to the State’s rational goals. educational road the along easy of difficulties
I number perceive to this conclusion: takes Court statutory structure itself refutes the New York
First, here, very at issue statute argument. Section “em- respect to alien teachers exceptions with provides *16 by commissioner adopted the regulations to ployed pursuant 3001-a Section employment.” such permitting of education for ineli- exception persons another provides (McKinney 1970) of oversubscribed citizenship because gible United States any with unconcerned York is Also, New quotas. State, of the schools private for teachers the
qualification pupils about indicates that the record though even 18% schools. private attend secondary levels elementary and at be inculcated to pupils seems not of those education The citizenship and what is desirable something less than what good the continued “crucial to calls an influence Court apparently, Ante, 79. democracy.” at of a health alien employ to hesitate (3), would § under he though even citizenship, attain waits to while he teacher the State fact that the stark And attain it. may to fail ever N. Y. school boards, local on certain to sit some aliens permits reveals 1978-1979), Supp. (4) (McKinney 2590-c § Law Educ. of demarcation line York’s is New and indistinct how shallow at- The Court’s noncitizenship. citizenship and between concede, One agree with this observation. course, can One, of “ which diverse ‘assimilative force’ are an also, public schools but together on a broad society brought in our conflicting elements of fundamental ante, 77, and that inculcation at ground,” common of a demo necessary maintenance to the is public schools values our system. political cratic ante, n. 81-82, of this fact, rationalization
tempted includ- members, board school influence extinguishes the hardly possess aliens, resident “disqualified” otherwise these ing in the faculty, selection administration, in the materials. instructional of textbooks approval disquali- in its is all-inclusive statute the New York Second, or authorized employed shall person “No fying provisions: is . . . who [n]ot the state schools teach to nar- It is “neither indiscriminately. sweeps It citizen.” to limited nor application,” in its precise nor rowly confined Sugarman state interests. substantial accomplishment Right Note, Aliens’ See S.,U. at 643. Dougall, 413 Yale Schools, 85 Public and the Socialization Political Teach: L. 109-111 J. it better Is irrational. York classification New
Third, resident excellent than an teacher poor citizen employ a who a citizen have preferable to Is it alien teacher? Spanish country teach American a Latin Spain or never seen a resident deny opportunity and to eighth graders Spain culture years for 20 lived may have alien who its to select know how will The State Latin America? or can citizenship, wholly apart responsibly, teachers *17 to way That is intelligently.7 selectively and do so has significantly observed: In In re Court Griffiths basis case-by-case gauge on a to freedom has wide “Connecticut require can, does, and law. practice to Connecticut applicant fitness of an Apart from familiarity law. with Connecticut and appropriate training both lawyer take requires to a new competence, it of such tests honestly a faithfully and and perform his functions ‘attorney’s to oath’ States, and United ‘support the constitution oath’ to ‘commissioner’s her indicated Appellant has of Connecticut.’ state the constitution oaths, and of both ability to the substance subscribe willingness and to investigation to insure quite properly a character may conduct Connecticut oath to an who “swears not one applicant is any given ‘that an case or indif- disagreement with manifesting his declaring or pro while forma Law Students 132.’ Floyd, U. S. Bond v. to the oath.” ference accomplish the desired result. An artificial citizenship bar is way. a rational It a instead, provision. is, stultifying The route to “diverse and elements” conflicting and their being “brought on a but common together broad which the ground,” ante, hardly Court so emphasizes, is to be achieved some of disregarding the diverse elements that available, are competent, contributory and to the richness of our society and provide. the education it could
Fourth, logically it is impossible to differentiate between this case concerning teachers and In re concerning Griffiths attorneys. If a may resident not constitutionally alien be barred from taking bar thereby state examination and becoming qualified practice law in the courts of how State, comprehend why is one to may a resident alien constitution- ally be barred from teaching elementary in the secondary levels of a State’s schools? speak proudly One the role model of the ability of his teacher, young to mold minds, his inculcating force as to ideals, national and of his profound impartation influence society’s our values. Are the attributes of an attorney.any the less? represents He inus our critical courtroom controversies even when citizen- ship loyalty may questioned. He stands as an officer every court which practices. he He responsible for strict adherence to the implied announced and standards of professional, requirements conduct and to the of evolving ethical and for codes, honesty integrity professional his Wadmond, Research Council v. Moreover, at 164. onee admitted bar, lawyers subject scrutiny continuing organized bar and the courts. In discipline unprofessional addition to conduct, the range post-admission sanctions judgments extends from contempt prosecutions criminal sum, disbarment. simply the Committee not established that it must practice exclude all aliens from the of law in order to vindicate its high professional undoubted interest in standards.” *18 (footnotes at 725-727 omitted). personal life. Despite the almost continuous criticism
leveled the legal profession, he, too, is an influence in legis- lation, in the community, and in the role-model figure that the professional person enjoys.8 The Court specifically recognized this in In re Griffiths:
“Lawyers do indeed occupy professional positions of influence, responsibility and impose on them duties correlative with their right vital of access to the courts. Moreover, by virtue of professional their aptitudes and natural lawyers interests, have been leaders in govern- ment throughout history of our country.” 413 U. S., at 729.9
If an attorney has a constitutional right take bar examination and practice law, despite his being a resident alien, it is impossible for me to see why a resident alien, other- wise completely competent and qualified, as these appellees concededly are, is constitutionally disqualified from teaching schools of great State of New York. The 8See also Stockton v. Ford, 11 232, 247 How. (1851); Hickman Taylor, 495, S. 514-515 (1947) (concurring opinion); Schware v. Board of Examiners, Bar 232, U. S. (1957) (concurring opinion); In re Sawyer, 360 U. S. (dissenting opinion); Story, J. Miscel laneous Writings, Importance Value and Legal (W. Studies 503-549 Story 1972); ed. Stone, The Public Bar, Influence of the 48 Harv. L. Rev. 1 (1934); W. Brennan, Responsibilities Legal Profession, Ad dress before the Law School of University Harvard (1967); Tocque A. de ville, Democracy in America (Schocken 321-331 1961); ed. J. Rogers, The Lawyer in American Public Life, in Morrison Foundation Lectures 9In order keep attorneys on the nongovernmental side line, classification the Court continued: “Yet, they are not government officials of by virtue of being lawyers. Nor does the status of holding a practice license to place law one so close to the core of political process as to him make govern- formulator of ment policy.” 413 S.,U. at 729. *19 expressed District Court it well and forcefully when observed it that New York’s exclusion repugnant “seems to the very her itage the State is seeking to inculcate.” Norwick Nyquist, Supp. (SDNY F. 1976).
I respectfully dissent.