Bernal v. Fainter

Infobox SCOTUS case
Litigants=Bernal v. Fainter
ArgueDate=March 28
ArgueYear=1984
DecideDate=May 30
DecideYear=1984
FullName=Bernal v. Fainter, Secretary of State of Texas, et al.
USVol=467
USPage=216
Citation=104 S. Ct. 2312; 81 L. Ed. 2d 175; 1984 U.S. LEXIS 93; 52 U.S.L.W. 4669
Prior=Certiorari to the United States Court of Appeals for the Fifth Circuit
Subsequent=
Holding=Texas statute (Article 5949(2)) requiring that a notary public be a United States citizen violates the Equal Protection Clause of the 14th Amendment. Pp. 219-228.
SCOTUS=1981-1986
Majority=Marshall
JoinMajority=Burger, Brennan, White, Blackmun, Powell, Stevens, O'Connor
Dissent=Rehnquist
LawsApplied=U.S. Const. amend. XIV

"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 judgement 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.

ee also

*List of United States Supreme Court cases, volume 467

External links

* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=467&page=216 Findlaw.Com Text of decision]