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8. In this case, the court should hold that the exclusion of aliens from the state award program is
A family are aliens who are permanent residents of the United States and have resided in the state for three years. When their first child was born two months ago, they applied for and were denied the $1,000 award by state officials on the sole ground that they are not citizens of the United States. The family filed suit in federal court contending that their exclusion from the award program was unconstitutional. Assume no federal statute addresses this question.
To encourage the growth of its population, a state established a program that awarded $1,000 to the parents of each child born within the state, provided that at the time of the child's birth the mother and father of the newborn were citizens of the United States.
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A is incorrect. Any power to spend state funds is necessarily limited by the Fourteenth Amendment.
B is incorrect. Rational basis is the incorrect level of review; since this is state law, alienage is a suspect classification.
D is incorrect. State statutes can make a classification based on alienage as long as the classification is necessary to advance a compelling state interest.