Bernal v. Fainter
Encyclopedia
Bernal v. Fainter, 467 U.S. 216 (1984), is a case in which the Supreme Court of the United States
ruled that the Equal Protection Clause
prohibited the state of Texas
from barring noncitizens from applying for commission as a notary public
.
The Supreme Court decided that since the requirements of being a notary are essentially ministerial (that is, without judgment or discretion, either the person fits the statutory requirement to have a document authenticated or they do not), and the only real requirement of a notary was to follow the law, being a notary does not have any special character of citizenship that would require one to necessarily be a citizen. This is unlike, say, being a police officer
, where a locality may require police officers to be citizens because they act on behalf of the state and have considerable discretion in how the law is enforced.
The Supreme Court struck down the Texas law that required a notary to be a citizen. The court also noted that notary commissions are issued by the Texas Secretary of State, who, ironically enough, is not required to be a citizen, despite holding the "highest appointive position" in Texas.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
prohibited the state of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
from barring noncitizens from applying for commission as a notary public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
.
The Supreme Court decided that since the requirements of being a notary are essentially ministerial (that is, without judgment or discretion, either the person fits the statutory requirement to have a document authenticated or they do not), and the only real requirement of a notary was to follow the law, being a notary does not have any special character of citizenship that would require one to necessarily be a citizen. This is unlike, say, being a police officer
Police officer
A police officer is a warranted employee of a police force...
, where a locality may require police officers to be citizens because they act on behalf of the state and have considerable discretion in how the law is enforced.
The Supreme Court struck down the Texas law that required a notary to be a citizen. The court also noted that notary commissions are issued by the Texas Secretary of State, who, ironically enough, is not required to be a citizen, despite holding the "highest appointive position" in Texas.
See also
- Torcaso v. WatkinsTorcaso v. WatkinsTorcaso v. Watkins, was a United States Supreme Court case in which the court reaffirmed that the United States Constitution prohibits States and the Federal Government from requiring any kind of religious test for public office, in the specific case, as a notary public.-Background:In the early...
(religious test to be a notary found unconstitutional) - List of United States Supreme Court cases, volume 467