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63. Who should prevail in this action?
The woman has filed an action for a declaratory judgment that the state law is unconstitutional.
A state law provides that only U.S. citizens may serve as jurors in the state courts of that state. A woman who is a lawful resident alien and who has resided in the state for many years was summoned for jury duty in a state court. The woman's name was selected from a list of potential jurors that was compiled from a comprehensive list of local residents. She was disqualified from service solely because she is not a U.S. citizen.
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B is incorrect. Application of the Due Process Clause no longer turns on whether the individual interest involved is a right or a privilege. In any event, the woman's constitutional challenge to the state law should be based on the Equal Protection Clause rather than on the Due Process Clause. While the state should prevail, it is because the law excluding aliens from jury service is rationally related to the state's legitimate interest in ensuring that only citizens perform functions that are central to self-government.
C is incorrect. Although the Constitution gives Congress plenary power to control immigration, states may exercise their police powers to regulate the conduct of aliens within their borders unless the regulation is preempted by federal law or otherwise violates the Constitution. While strict scrutiny generally applies to state laws that discriminate against aliens, rational basis scrutiny is appropriate when alienage classifications restrict the right to participate in functions that are central to self-government, as explained above.
D is incorrect. The state's interest in ensuring that only citizens perform functions central to self-government is considered legitimate under the rational basis test, as stated above.