14. citizenship and equal justice and 17.elections and voting

Citizenship and Equal
Justice
Chapter 14
Section 1
A Nation of
Immigrants

Learning Goal
• 13.12a.1 Define citizenship, process of
naturalization, and list at least 3 controversies
surrounding this issue throughout America’s
history

Classifying Aliens
• Resident alien: a person from a foreign nation
who has established permanent residence in the
U.S. (They may stay in the U.S. as long as they
wish without becoming a citizen.
• Non-resident alien: a person from a foreign
nation who expects to stay for a short specified
period of time. (A foreign journalist who is
coving a story)

Classifying Aliens
• Enemy Alien: Is a person of a nation with
which the U.S. is at war. Legal enemy aliens are
protected under the laws of the U.S., but often
come under attack by U.S. citizens.
• Refugees: People fleeing to escape persecution
or danger.
• Illegal Alien: A person who comes to the U.S.
without legal documentation such as a passport,
visa, or entry permits.

Aliens’ Rights
• Aliens are protected
by the Constitution.
• They have the same
rights as a citizen.
• Supreme Court
ruled that illegal
aliens kids have the
right to an
education in the
U.S. (Case in Texas)

Aliens Rights is it Right
• How do you feel about aliens, legal and illegal
having the same rights as you?
• Should this be changed? Why or why not?

Immigration Policy
• Congress has the
power to control
immigration
policies, via
Constitution.
• Laws starting in the
1880’s restricted
immigration into
the United States.

1882-1924 Immigration
• This was the beginning of the immigration
restrictions.
• Restrictions included: Handicapped people,
poor people, and the big one was the Chinese.
• The Chinese Exclusion Act stopped Chinese
from entering in the U.S and the ones that were
already here were not allowed citizenship.

IImmmmiiggrraattiioonn PPoolliiccyy

Inspection Process
This photo was taken when
Chinese immigrated to the
United States {San
Francisco}. Sometime
between 1850-1882 when
the Exclusion Act didn't
exist. At the time,
Immigration was not illegal.
In the photo they are going
through inspection and the
immigration "process". They
went to Angel's Island
because it was very
isolated, and they formed
their own community there.

• During this period Americans feared for their
jobs.
• New cultures came to the U.S.
• Old immigrants came from England, Ireland and
Germany.
• New immigrants were from Asia and Eastern
Europe. (why did they fear this?)

• Even with the new road blocks immigration
soared. 25 million immigrants entered the
United States during this time period.

1924-1965: National Quotas
• Because of the major influx of immigrants,
Congress took a more aggressive approach.
• Johnson Act: This act lowered the # of
immigrants that would be allowed into the U.S.
165,000 per a year. It was also put into place to
favor western and northern European
immigrants.
• During the next 40 years immigration dropped
sharply.

Other Immigration Acts
• Immigration Act of 1965: Got rid of the
quota system. It split the world into the
categories, Eastern Hemisphere and Western
Hemisphere.
• EH has a ceiling of 120,000 immigrants.
• WH had a ceiling of 170,000 immigrants.
• Low preference was given to people from
communist countries. WHY?

Other Immigration Reforms
• Control Act of 1986: Along with reforming
immigration, this act provided a way for illegal
immigrants to gain citizenship.
• Immigration Act of 1990: This was an
extension of the 1965 act that was designed to
once again take the countries origin into
account.
• It also allowed higher educated and highly
skilled immigrants into the country.

Summarizer
• Classify the Immigrations Reforms according to
race. Examine why the United States may have
wanted to restrict certain racial categories within
the historical context.

The Basis of
Citizenship
Section 2

II. The Basis of Citizenship
• Certain citizens of the United States
by birth were also made citizens by
Congress. When Congress admitted
Texas as a state in 1845, it also made
all the people of Texas citizens of the
U.S.

A. National Citizenship
1. Citizens of the United States have rights,
responsibilities, and duties.
2. The Founders assumed the states would decide
who was a citizen.
3. Citizenship came to have both a national and a
state dimension.
4. The Dred Scott (1857) ruling that African
Americans were not U.S. citizens led to the
adoption of the Fourteenth Amendment, which
defined citizenship at both the state and national
levels.

B. Citizenship by Birth
1. Citizens by the “law of the soil” are born in the
U.S. or its territories.
2. Children born to a parent who is a U.S. citizen
are also citizens by the “law of blood,”
including children born in another country of
American parents.

• National Citizenship-
• The 14th Amendment-It is clear and forceful about the
basis of citizenship: It guaranteed that people of all races
born in the U.S. and subject to its government are citizens,
making state citizenship and automatic result of national
citizenship.
• Citizenship by the “Law of the Soil”(Jus Soli) a Latin
phrase that means that citizenship is granted automatically
to anyone born in the U.S.
• Citizenship by Birth to an American Parent- Jus
sanguinis which means law of blood. The rules governing
this can be tricky-If an individual is born in a foreign
country and both parents are U.S. citizens, the child is a
citizen, provided one requirement is met. One of the
parents must have been a legal resident of the U.S. or its
possessions at some point in his or her life.

C. Citizenship by Naturalization
1. Naturalized citizens have most of the rights and
privileges of native-born citizens.
2. Congress has established qualifications for
naturalization:
a) Applicants must be of good moral character and
have entered the U.S. legally.
b) Applicants must read, write, and speak English.
c) Applicants must show basic knowledge of
American history and government and support
the principles of American government.

Collective Naturalization
This form of naturalization is less common
than individual naturalization. This has
most often happened when the United
States has acquired new territory and the
inhabitants are given citizenship.
Naturalization is the legal process by
which a person becomes a citizen of
another country at some time after birth.

D. The Steps to Citizenship
1. An applicant must file a petition requesting
citizenship, be at least 18 years old, have been
a lawfully admitted resident alien for 30
months out of the previous 5 years, and have
resided in the state for at least 3 months.
2. At a final hearing, a federal judge administers
the oath of allegiance to the
new citizens.

• Children under 18
▫ have a green card
▫ become citizens the day the parent is
sworn in
▫ $460 fee
• shortcut for members of the military.

Who should ttaakkee CCiittiizzeennsshhiipp ccllaasssseess??
A student who has had their resident alien card (green
card) for at least 4 years.
Check their
green card
for the date
on the front
or the back
of the card.

WWhhaatt hhaappppeenneedd aafftteerr
OOccttoobbeerr 11,, 22000088??
All citizenship applicants who filed
their N-400 on or after October
1, 2008 will take the new test.

WWhhaatt HHaappppeennss iinn tthhee
IInntteerrvviieeww??
CCuurrrreenntt tteesstt
The USCIS officer …
1. asks applicant about
information on the
application form (N-
400)
2. asks 10 questions
about US history and
government from the
list of 96 questions
3. gives applicant a one
sentence dictation
Interview lasts about 15-20 minutes

WWhheenn ddoo yyoouu bbeeccoommee aa
CCiittiizzeenn??
At the
Swearing-in
Ceremony
Usually 2-3
months
after the
citizenship
interview

EEaarrllyy HHiissttoorryy
Why did the Pilgrims come to America? For religious freedom.
What was the name of the Pilgrim’s
ship?
The Mayflower.
Who helped the Pilgrims in America? Native Americans.
What holiday was celebrated for the
first time by the American Colonists?
Thanksgiving Day.
Name the first 13 colonies. 1. New Hampshire 8. Pennsylvania
2. New York 9. Virginia
3. New Jersey 10. Georgia
4. Maryland 11. Connecticut
5. Massachusetts 12. Delaware
6. North Carolina 13. Rhode Island
7. South Carolina

E. Losing Citizenship
1. Only the federal government can take away
citizenship.
2. A person may lose citizenship voluntarily or
involuntarily.

LLoossiinngg CCiittiizzeennsshhiipp
Expatriation
It is the legal process by which a loss of
citizenship occurs.
Expatriation is a voluntary act.
The Supreme Court has held that the Constitution
prohibits automatic expatriation, so an
individual cannot have his or her citizenship
taken away for breaking a law.

LLoossiinngg CCiittiizzeennsshhiipp
Denaturalization
• The process by which citizens can lose
their citizenship involuntarily.
• This process can only occur by court order
and only after it has been shown that the
person became a citizen by fraud or
deception

Punishment for a Crime
A person may loose citizenship when convicted of certain
federal crimes that involve extreme disloyalty. These
crimes include treason, participation in rebellion, and
attempts to overthrow the government by violent means.
Complex legal problems?
3 misdemeanors = 1 felony
And it’s retroactive!
Go to an immigration lawyer to
clarify problems.
RReedd ffllaaggss

F. The Responsibilities of Citizens
1. Responsible citizens need to know about the
laws that govern society.
2. Responsible citizens participate in political
life.

Why become a citizen?
• People’s lives are more secure here if they
are citizens.
• You can’t be deported.
• You can vote.
• It’s easier and faster to bring family
members to the U.S.
• You can work for the federal government.
• You can obtain a U.S. passport.

Summarizer
• Summarize the steps to becoming a citizen in the
United States

The Rights of the
Accused
Section 3
LG: Identify the Rights of the Accused and
apply these rights to 2 Supreme Court Cases
and 1 current event

III. The Rights of the Accused
• Prior to the Court ruling on Mapp v. Ohio,
which banned the use of illegally obtained
evidence at criminal trials in state courts, the
exclusionary rule had applied only to federal
courts.

A. Searches and Seizures
1. The Constitution and the Bill of Rights protect
the rights of accused persons.
2. The Fourth Amendment offers protection
from unreasonable searches and seizures, but
the courts have dealt with this issue on a case-by-
case basis.
3. Today most police searches are conducted
with a court warrant.

A. Searches and Seizures continued
4. The 1914 exclusionary rule restricts the use of
illegally obtained evidence.
5. Supreme Court rulings in 1985 and 1987 limited
the warrant requirement for legally stopped cars
and for students and their property in school.
6. In 1967 the Supreme Court reversed an earlier
ruling permitting wiretapping. In 1968 Congress
passed a statute requiring a court order before
using wiretapping to obtain evidence.

B. Guarantee of Counsel
1. The Sixth Amendment guarantees a defendant
the right to an attorney.
2. In federal cases, courts generally provide an
attorney for defendants who
cannot afford one.
3. State courts must also provide attorneys for
defendants.

C. Self-incrimination
1. The Fifth Amendment protects witnesses before
grand juries and congressional investigating
committees.
2. The Fifth Amendment also protects defendants
against forced confessions.
3. The Escobedo (1964) and Miranda (1966)
decisions expanded the protections of persons
arrested as suspects in a criminal case.

D. Double Jeopardy
1. The Fifth Amendment protects accused
persons from double jeopardy, or being tried
twice for the same crime; a person may be
tried more than once for the same act,
however, when a crime violates both a federal
and a state law.
2. It is not double jeopardy if a single act
involves more than one crime; a defendant
may be tried for each offense. In case of a hung
jury, a second trial is not double jeopardy.

E. Cruel and Unusual Punishment
1. The Eighth Amendment forbids cruel and
unusual punishment.
2. Use of the death penalty is an ongoing
controversy under this amendment.

Equal Protection of
the Law
Section 4

Learning Goal
• 13.12a.4 Analyze the reciprocity between rights
and responsibilities. Examine how enjoyment of
one’s rights entails respect for the rights of
others by using a flow chart.

IV. Equal Protection of the Law
• In 1957, President Dwight Eisenhower sent
federal troops to Little Rock, Arkansas, to
enforce court-ordered desegregation of
Central High School. He took this action even
though he did not believe the Supreme Court’s
ruling in Brown v. Board of Education could
effectively end segregation. As he told an
adviser, “I am convinced that the Supreme
Court decision set back progress in the South
at least fifteen years.”

A. Meaning of Equal Protection
1. Both the Fourteenth Amendment and the Fifth
Amendment require that all people are entitled to equal
rights and equal protection of the law.
2. The Supreme Court has developed guidelines for deciding
when state laws may violate the equal protection clause.
3. According to the rational basis test, the Court will uphold
state laws that distinguish among different groups of
people if the state shows good reason for those
classifications.

A. Meaning of Equal Protection
continued
4. Classifications in state laws based on race or
national origin are a suspect classification; the
state must show some compelling public
interest to justify them.
5. State laws that violate fundamental rights—the
right to vote and First Amendment rights—are
unconstitutional.

B. Proving Intent to Discriminate
1. Discriminatory laws classify people solely
because of their race, gender, ethnic group,
age, physical disability, or religion.
2. To prove a state or local government guilty of
discrimination, one must prove the state’s
intent to discriminate.

C. The Struggle for Equal Rights
1. For nearly a century after the Fourteenth
Amendment was adopted, the courts upheld
discrimination and segregation against African
Americans.
2. In Plessy v. Ferguson (1896), the Supreme Court
used the “separate but equal”doctrine to justify
segregation in the United States.
3. In Brown v. Board of Education (1954), the Court
overruled the “separate but equal” doctrine and
touched off a long struggle to desegregate public
schools.

C. The Struggle for Equal Rights continued
4. Civil rights workers peacefully broke laws
supporting racial segregation; protesters who
were arrested and convicted then appealed,
challenging the constitutionality of these laws
in the courts.
5. Influenced by the civil rights movement led by
Martin Luther King, Jr., Congress passed major
civil rights legislation to ensure voting rights
and equal job opportunities such as the Civil
Rights Act of 1964.

V. Challenges for Civil Liberties
• In 1996 a majority of voters in California
approved a proposition to end the state’s
affirmative action program. When supporters of
affirmative action asked the Supreme Court to
prevent California from ending its program, the
Court declined to hear the case.

Challenges for Civil
Liberties
Section 5

A. Affirmative Action
1. In the 1960s the government began programs
that gave a preference to minorities, women,
or the physically challenged in hiring and
promotions, government contracts, admission
to schools and training programs, and other
areas.
2. Most affirmative-action programs are
required by federal government regulations or
court decisions; others are voluntary efforts.

A. Affirmative Action continued
3. One of the most important applications of
affirmative action is in higher education; in Bakke
(1978) and other cases, the Supreme Court has
held that although a strict quota system is
unconstitutional, a state university can consider
race along with other factors when admitting
students.
4. Outside of higher education, the constitutional
status of affirmative action is unclear; the Court
has struck down as many programs as it has
upheld.

B. Discrimination Against Women
1. New challenges against discrimination toward
women have been raised.
2. The Supreme Court held that past laws
discriminating against women did not violate
the equal protection clause.
3. In its ruling in Reed (1971), however, the
Court held a state law was unconstitutional
because it discriminated against women.

B. Discrimination Against Women
continued
4. Since the Reed case, the Court has allowed
some laws based on gender classification but
has declared others unconstitutional.
5. Congress has passed many laws protecting
women from discrimination.

C. Citizens’ Right to Know
1. The 1966 Freedom of Information Act
requires federal agencies to grant
people access to public records upon request,
with some security exceptions.
2. The Sunshine Act of 1976 requires federal
agencies, boards, and commissions to hold
meetings open to the public or to provide a
complete record of the meeting.

D. Citizens’ Right to Privacy
1. The Constitution does not specifically mention
privacy, but the Supreme Court ruled in Griswold
v. Connecticut (1965) that personal privacy is one
of the rights protected by the Constitution.
2. Widespread use of the Internet challenges the
right to privacy because of such issues as online
surveillance by the government and the
availability of personal information on Web sites
to hackers.

D. Citizens’ Right to Privacy
3. War and other national emergencies create
tension between the need to maintain individual
rights and the need to protect the nation’s
security.
4. The USA Patriot Act, passed in response to the
September 11, 2001, terrorist attacks, greatly
increased the federal government’s power to
detain, investigate, and prosecute people
suspected of terrorism; questions continue to
arise over whether the Act poses a threat to civil
liberties.

Summarizer
• Why do people criticize affirmative action
programs for minorities and women as a form of
reverse discrimination?

Chapter 17
Elections and Voting
Section 1
Election Campaigns

Learning Goal
• 13.12a.2 Describe the opportunities that citizens
have to participate in the political process (e.g.
voting, campaigning, lobbying, demonstrating,
petitioning, picketing, running for political
office) with a graphic organizer.

Electing the President
• Serious candidates for
president begin
organizing over a year
before the election to
compete in spring
primaries.
• After the nominating
convention, the candidate
runs an intensive
campaign from early
September until the
November election.

• To win presidential election, a
candidate must receive a majority of
the electoral votes so candidates
compete hardest in high-population
states.
• The candidate must decide on the
kind of strategy most likely to achieve
victory.

• A strong
organization,
headed by an
experienced
campaign manager,
is essential in
running a
presidential
campaign.

• Television and the
Internet are important
tools for presidential
candidates. Television
conveys the candidate’s
image, while Web Sites
can be used to raise
money and inform the
public about the
http://youtu.be/q_txrgE7pwY candidate.

Discussion Question
•Describe the image
that Barack Obama
portrays in the ad.

Financing Campaigns
• Running for office is very expensive. For
example, presidential and concessional
candidates spent a total of $3billion dollars in
the 2002 elections.
• In the 1970’s, a new campaign financing system
was set up based on public disclosure of
spending, public funding or presidential
elections, and limiting or prohibiting the
contributions of certain groups.

Financing Campaigns
• Created in 1974, the
Federal Election
Commission (FEC) is
an independent
agency that
administers federal
election laws and
keeps records of
campaign
contributions.

Financing Campaigns
• The majority of campaign funding comes from
private sources, including individual citizens,
party organizations, corporations, and special-interest
groups.
• Political Action Committees, or PAC’s are
established by interest groups to support
candidates, but they are limited in the donations
they can make.

Financing Campaigns
• Two methods are used to get around
campaign spending limits:
▫ Soft-money donations – contributions
given directly to the political party
▫ Issue-advocacy advertisements –
support an issue rather than a particular
candidate.

Financing Campaigns
• The Bipartisan Campaign Reform
Act, passed in 2002 bands soft-money
donations to Political Parties.
• The FEC regulates campaigns online.
All campaign Web sites that cost
$250 or more must be registered with
the FEC.

Discussion Question
•What reforms, or
changes, of the campaign
finance laws would you
like to see enacted.
Why?

Chapter 17
Section 2
Expanding Voting Rights

Early Limitations on Voting
• Before the American Revolution, women and
African Americans, white males who did not own
property and persons who were not members of
dominant religious groups were excluded from
voting.
• During the early 1800s, states gradually
abolished property and religious requirements
for voting, and by the mid-1800s, the nation had
achieved universal white male suffrage.

Discussion Question
•Analyze this statement:
“Voting is not just a
right, it is a
responsibility.”

Woman’s Suffrage
• By 1914 woman
had won the right
to vote in 11 states.
• The Nineteenth
Amendment
ratified after World
War I, granted
women in all states
the right to vote.

African American Suffrage
• Enslaved African
Americans were not
allowed to vote, and free
African Americans could
vote in only a few states,
until 1870.
• The Fifteenth
Amendment, passed after
the Civil War, granted the
vote to African Americas
in both state and national
elections.

• The Fifteenth Amendment did not result in full
voting rights for African Americans. Southern states
set up restrictive voting qualifications.
• Some southern states used literacy tests to
disqualify African Americans from voting. The
Voting Rights Act of 1965 and 1970 outlawed these
tests.
• Poll taxes, or money payments required before
voting, and grandfather clauses, excusing white
voters from paying the tax, were devices used to
discourage African Americans from voting

• The Twenty-fourth
Amendment banned poll
taxes.
• The Voting Rights Act of 1965
and later voting rights laws
brought the federal
government directly into the
electoral process in the states,
ending official discrimination
against African Americans and
increasing their political
strength and participation in
the government.

Discussion Question
•If the Fifteenth
Amendment was supposed
to give African Americans
the right to vote, why was
the Voting Rights Act of
1965 necessary?

Twenty-sixth Amendment
•This amendment lowered the
voting age to 18 throughout the
nation.
•The amendment helped satisfy
those young people who could be
drafted into the military but could
not vote.

Chapter 17
Section 3
Influences on Voters

Personal Background of
Voters
• Voters’ ages may affect their views and
determine their voting decisions.
• Education, religion, and racial or ethnic
background affect voters’ attitudes, but voters do
not always vote in keeping with their
backgrounds.
• Cross-pressured voters, those caught between
conflicting elements in their lives, may vote
based on the issues and candidates.

Discussion Question
•In your opinion, what
has the largest influence
on a voters decision?
Explain.

Loyalty to Political Parties
• Because the majority of
American voters consider
themselves either
Republicans or
Democrats, most vote for
their party’s candidates.
• Not all party members
vote for all their party’s
candidates. Some are
strong party voters and
others are weak party
voters.

Loyalty to Political Parties
•Independent voters, who have
increased in numbers do not
belong to either major party
but are an important element
in presidential elections.

Issues in Election Campaigns
• Many current voters are
better informed than past
voters because they are
better educated, current
issues have a greater
impact on their personal
lives, and television news
imparts information on
issues. Still most voters
are not fully informed on
campaign issues.

Issues in Election Campaigns
• The 1980 presidential
election demonstrated
the importance of issues.
The high rate of inflation,
the high cost of living,
and the high rate of
unemployment were
issues debated by the
candidates that clearly
helped Reagan win the
election.

Discussion Question
•What were some of the
big topics that affected
the Presidential
Election?

The Candidates Image
•Americans want
someone they
can trust as a
national leader.
•Voters often
select candidates
for the image
they project.

Discussion Question
•Do the campaigns focus
too much on image in a
positive or negative
light?

Propaganda
• Political Parties and candidates use ideas,
information, and rumors to influence voters with
propaganda techniques.
• Name calling, testimonials, bandwagon,
transfer, plain folks, and card stacking help to
win votes.

Profile of Regular Voters
• Regular voters have
positive attitudes toward
government and
citizenship.
• Generally, regular voters
have more education and
a higher than average
income. Middle aged
citizens have the highest
voter turnout.

Profile of Nonvoters
• They may not meet
citizenship, residency,
and registration
requirements.
• The percentage of
voters among those
who are eligible has
declined.

Discussion Question
•What steps do you think
might be effective in
increasing voter turnout?

14. citizenship and equal justice and 17.elections and voting

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