Discrimination against New State Citizens: An Update
Journal article by William S. Cohen; Constitutional Commentary, Vol. 11, 1994
Journal Article Excerpt
Discrimination against new state citizens: an update.
by William S. Cohen
Ten years ago, the first article in Volume 1, Number 1, of Constitutional Commentary was my brief analysis of a decade of confusing cases dealing with discrimination against new state citizens.(1) In responding to the editors' request that I participate in the anniversary issue, it seemed only natural to try to bring my earlier effort up to date.
Most cases held that it was unconstitutional for states to discriminate against new citizens. The problem lay in the bewildering and inconsistent explanations for those outcomes. Shapiro v. Thompson(2) began the process by concluding that denying welfare benefits to new citizens interfered with their constitutional right to free migration. Dunn v. Blumstein,(3) dealing with durational residency requirements for voting, and Memorial...
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