Title | Foley v. Connelie - Lecture notes 13 |
---|---|
Course | Constitutional Law II |
Institution | Touro College |
Pages | 2 |
File Size | 64.4 KB |
File Type | |
Total Downloads | 22 |
Total Views | 144 |
Constitutional Law II 2020 case brief for FOLEY V CONNELIE...
FOLEY v. CONNELIE 435 U.S. 291 (1978) FACTS: Parties: Appellant: Edmund Foley (Π) Appellee: Connelie (Δ) Procedural History:
District Court ruled in favor of Δ
Relevant Facts:
Π is an alien eligible in due course to become a naturalized citizen, who is lawfully in this country as a permanent resident
Π applied for appointment as an NYS State trooper
Pursuant to NY statute the state refused to allow Π to take the examination
ISSUE:
Whether a NY statute limiting appointment of members of state police force to citizens of the US violates the Equal Protection Clause of the 14th Amendment
PARTIES’ ARGUMENTS: Appellant: Appellee: DISPOSITION OF THE COURT: RULE OF LAW:
A NY statute limiting appointment of members of state police force to citizens of the US does not violate the Equal Protection Clause of the 14th Amendment
HOLDING:
NY statute does not violate the 14th Amendment
COURT’S REASONING:
Citizenship may be a relevant qualification for fulfilling those important nonelective positions held by officers who participate directly in the formulation, execution or review of broad public policy
CONCURRING OPINION: DISSENTING OPINION: ...