Author Question: If a person's Eighth Amendment rights are violated by an FBI agent acting under color of law, a ... (Read 39 times)

penguins · **on:** Aug 3, 2018

If a person's Eighth Amendment rights are violated by an FBI agent acting under color of law, a claim may be brought:

a. under 1983
b. directly under the Constitution (a Bivens claim)
c. under 1983 and directly under the Constitution (a Bivens claim)
d. none of the above; the claim is brought under the Tucker Act

Question 2

What are the three exceptions to the strict scrutiny standard in alienage cases?

What will be an ideal response?

1_Step_At_ATime · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

c

Answer to Question 2

The first exception involves nonU.S. citizens who are in the United States illegally. The Court has stated that these individuals cannot be treated as a suspect class because their presence in this country in violation of federal law is not a constitutional irrelevancy. The second exception involves congressional legislation affecting aliens. Because Article I of the Constitution gives Congress specific authority to regulate immigration and naturalization, the Court generally has not held alienage-based distinctions made by Congress to be suspect. The last exception applies to govern-mental employment (at all levels). The Court has ruled that where public positions involve important governmental functions, the government may deny such jobs to nonU.S. citizens. Under the important governmental functions test, noncitizens have been denied jobs as police officers, public school teachers, and probation officers.