Exceptions to Strict Scrutiny for Alienage Classifications

The Supreme Court generally applies Strict Scrutiny when a challenged government action has an alienage classification. However, rational basis review is applied when the alienage classifications are related to self government and the democratic process. Thus a State may deny aliens the right to vote, hold public office, or serve on juries. This has been called the "government function" exception. What else fits under this exception?

In determining what is a government function, the Court may ask the question, "does this function fulfil a most fundamental obligation of government to it's constituency." In Foley v. Conelleie, the Court found that police officers fit under the government function exception. In Ambach v. Norwick, the Court extended the government function exception to public elementary and secondary school teachers. Looking at the role of public educators, the Court found that they do fit under the exception as was stated in Sugarmann and Foley. In Cabell v. Chavez-Salido, the court extended the exception to probation officers. However, in Bernal v. Fainter, the court refused to extend the exception to notary publics.