Citizenship in the United States

Citizenship in the United States

Rights & Responsibilities of Citizenship

Citizenship jus soli law of the soil jus sanguinis law of the blood

Naturalization National government controls citizenship 14 th Amendment. Dred Scott v. Sanford (1857) ruled that escaped slaves to free states could not claim citizenship.

Citizenship Process Must live in the US for 5 years (3 if married to a US citizen

Citizenship Process Declaration of Intention petition for citizenship not required but desired to get employment

Citizenship Process Must take classes on English, American Government, & American History.

Citizenship Process Must have two witnesses testify the person is of good moral character.

Citizenship Process Must take a test on English, Government, & History (exempt from language if a 20 year resident & 50 years old).

Citizenship Process Must swear an Oath of Allegiance to the United States.

Collective Naturalization 1803 LA Purchase Territory population became citizens. 1845 Texas citizens became US citizens 1900 Hawaii 1917 Puerto Rico 1924 All Native Americans made citizens

Losing Citizenship Expatriation Giving up citizenship to live in another country Treason & rebellious activity may result in loss of citizenship. Denaturalization loss of citizenship because of fraud or deception during the naturalization process.

A Nation of Aliens? alien someone who is visiting resident alien someone who is working here or going to school non-resident alien- someone staying for a short period of time enemy alien citizen of a country (US is at war) illegal alien someone here w/o permission

Enemy Aliens & World War II During WW II, thousands of Japanese were kept in internment camps even though 2/3rds were American Citizens.

Immigrant/Alien Rights Immigrants & Aliens have the SAME rights as citizens as guaranteed in the Bill of Rights.

Responsibilities of Citizens Obey Laws & Pay Taxes Voting Serving as a Juror Register for the Draft (Males Age 18) Participate in Political Process Keep informed of Current Issues Respect differing opinions

Protecting Basic Freedoms

Freedom of Religion Establishment Clause no government established religion Free Exercise Clause no prohibitions of practicing religion. Everson v. Board of Education (1947) busing to parochial schools and state funds.

Freedom of Religion Abbington v. Schempp & Murray v. Curlett (1963) court banned school-sponsored Bible reading & recitation of the Lord s Prayer. 1984 Equal Access Act - Court ruled that schools could have voluntary prayer groups.

Freedom of Religion West VA v. Barnette (1943) flag salute & pledge cannot be forced. precedent earlier court rulings (may be reversed or upheld by the S. Court at any time)

3 Types of Freedom 3 Types: of Speech

3 Types of Speech Pure Speech most common form, delivered in private or in public.

3 Types of Speech Speech Plus involve actions & words

3 Types of Speech Symbolic Speech involves actions & symbols instead of words to express opinions

Unprotected Speech Seditious Speech Defamatory Speech Slander Libel Fighting Words Obscenity

Limits on Student Speech Tinker v. Desmoines (1969) armbands Bethel School Dist. v. Fraser (1986) lewd speech Hazelwood School Dist. v. Kuhlmeier (1988) school newspaper

Assembly Limits Time, Place, & Manner Non-Public property (jails, schools, etc.) Your rights end where the other person s begins. Public order more important than individual freedom.

Freedom of the Press Free press = free government censorship Prior Restraint censorship of information before it is published NY Times v. US (1971) Vietnam Gag Order judge bars press from release of information in trials.

Equal Justice for All

Searches & Seizures Warrant order issued by a judge must be given to search or seize liberty or property. Exclusionary Rule evidence obtained illegally cannot be used in court.

Searches & Seizures Probable Cause police use 5 senses to make an arrest or seizure of property. New Jersey v. TLO schools only need reasonable suspicion.

Privacy 4 th Amendment Wiretapping listening to phone conversations or making recordings Illegal in most cases w/o a warrant Patriot Act has made this a cloudy issue.

Right to an Attorney 6 th Amendment Betts v. Brady (1942) ruled that capital cases only warranted a free attorney unless special circumstances existed. Gideon v. Wainright (1963) established the right to counsel (attorney) in ALL criminal cases.

Self Incrimination 5 th Amendment Escobedo v. Illinois (1964) access to a lawyer being present while questioned is a right. Miranda v. Arizona (1966) right of the accused must be made known to them.

Miranda Warning You have the right to remain silent. Anything you say can and WILL be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be provided for you. Do you understand these rights which have just been read?

Double Jeopardy No one can be tried for the same crime twice.

Double Jeopardy You can be sued for a criminal act even if you are found not guilty. State of California v. O.J. Simpson (1996) (criminal - not guilty) Louis H. Brown v. O.J. Simpson (1997) (civil liable for wrongful death)

Cruel & Unusual Punishment 8 th Amendment Furman v. Georgia (1972) capital punishment rule unconstitutional as it was applied. Gregg v. Georgia (1976) under adequate guidelines, capital punishment is legal 2001 GA S. Court ruled electric chair was cruel & unusual punishment.

Equal Protection 5 th & 14 th Amendments State cannot draw unreasonable distinctions between different groups of people. Race Sex Age Wealth

3 Court Tests & Discrimination Rational Bias Test Does a law imposed show a good reason to justify a classification? Suspect Classification Is the law based on race? Fundamental Rights Do laws violate the Bill of Rights?

Discrimination Discrimination occurs when an individual is treated unfairly solely on Race Sex Ethnic Group Age Physical Handicap Religion

African-American Struggle 1880s Jim Crowe Laws discriminated against African- Americans. Plessy v. Fergusen (1896) allowed separate but equal facilities Brown v. Board of Education (1954) ruled segregation illegal in schools.

Civil Rights Movement Non-violent peace movement of the 1960s to give African- Americans equality Martin Luther King followed the teachings of Mohandas Gandhi of non-violent protest.

I Have a Dream Speech

Civil Rights Laws With the Brown decision, by 1970 all schools were desegregated. Civil Rights Acts of 1964 & 1965 ended segregation in all public places. 24 th Amendment ended poll taxes as a way to discriminate.

Civil Liberties Affirmative Action employers & governments remedy acts of past discrimination (women & minorities). Civil Rights Act of 1964 also apply to women. Equal Pay Act also helped women Equal Opportunity Act (1972) workplace Omnibus Education Act (1972) school sports

Modern Take on Civil Rights Senator Patrick Leahy (D) Vermont

Right to Know Citizens have the right to know all government information unless it is sensitive to national security (Security Classification System) Freedom of Information Act (1966) public records available upon request. Sunshine Act (1976) all meetings must be public

Right to Privacy Roe v. Wade (1973) right to an abortion in the 1 st trimester. Family Educational Rights & Privacy Act (1974) allows people to inspect government kept records on themselves. Fair Credit Reporting Act (1970) forbids credit companies from selling your information to other companies.

Latest Legislation Health Insurance Portability and Accountability Act (HIPPA) 1996 keeps patient information confidential to YOU and signed designees.

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