Constitutional Law Keyed to Stone
Sugarman v. Dougall
A New York statute excluded aliens from all government civil service jobs filled by competitive examination. It did not apply to higher office positions, however, such as elected offices, offices filled by the governor or offices filled by legislative appointment. The purpose of the statute was to retain civil servants free of competing obligations to other powers. The underlying premise for the statute was that civil servants participate in the formation and execution of government policy and that divided loyalty might impair a civil servant’s judgment or the public’s confidence in her judgment. Appellees challenged the constitutionality of the statute.
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