13. The strongest ground upon which to attack this citizenship requirement is that it

D is correct. The Equal Protection Clause requires that classifications based on alienage be narrowly tailored to promote a compelling state interest. However, strict scrutiny for alienage classifications does not apply where the discrimination against aliens relates to functions that go to the heart of the representative government. This means that individuals who hold state-elected or important non-elected executive positions, and those who are government officers that participate directly in the formulation, execution, or review of broad public policy may be required to be citizens. If the law discriminates against an alien participating in state government, the standard is rational basis review. It has been held that the government may discriminate against aliens with respect to the following positions: state troopers; public school teachers; jurors; and deputy probation officers. In this case, it is unclear which standard the position of forensic pathologist would be evaluated against. However, because this law is treating a group of people differently, the best challenge would be under equal protection.

A is incorrect. The law does not criminalize an act after it was committed, nor does it impose a burden on a vested right; therefore it is not an ex post facto law.

B is incorrect. Employment is not a fundamental right.

C is incorrect. The Privileges or Immunities Clause prohibits discrimination by states against United States citizens, and an alien is not a United States citizen.