Speech #920296847

The House and Senate Committee Reports expressly state. with reference to old age assistance. that: "A person shall not be denied assistance on the ground that he has not been a United States citizen for a number of years. if in fact. when he receives assistance. he is a United States citizen. This means that a State may. If it wishes. assist only those who are citizens. but must not insist on their having been born citizens or on their having been naturalized citizens for a specified period of time." 13 It is apparent from this that Congress principle concern in 1935 was to prevent the States from distinguishing between nativeborn American citizens and naturalized citizens in the distribution of welfare benefits. It may be assumed that Congress was motivated by a similar concern in 1950 when it enacted � 1402(b). As for the indication in the 1935 Committee Reports that the States. in their discretion. could withhold benefits from noncitizens. certain members of Congress simply may ha7e been expressing their understanding of the law only insofar as it had then developed. that is. before Takahashi was decided. But if � 1402(b). as well as the identical provisions for old age assistance and aid to the blind. were to be read so as to authorize discriminatory treatment of aliens at the option of the States. Takahashi demonstrates that serious constitutional questions are presented. Although the Federal Government admittedly has broad constitutional power to determine what aliens shall be admitted to the United States. the period they may remain. and the terms and conditions of their naturalization. Congress does not have the power to authorize the individual States to violate the Equal Protection Clause. Shapiro v. Thompson. 394 U.S.. at 641. Under Art. 1. � 8. cl. 4 of the Constitution. Congress power is to "establish an uniform Rule of Naturalization." A congressional enactment construed so as to permit state legislatures to adopt divergent laws on the subject of citizenship requirements for federally supported welfare programs would appear to contravene this explicit constitutional requirement of uniformity."4 Since "statutes should be construed whenever possible so as to uphold their constitutionality." United States v. Vuitch. - U.S. - . - (1971). we conclude that � 1402(b) does not authorize the Arizona 15year national residency requirement. The judgments appealed from are affirmed.