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



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  • 1. Citizenship and Equal Justice Chapter 14Section 1A Nation ofImmigrants
  • 2. Learning Goal• 13.12a.1 Define citizenship, process of naturalization, and the controversies surrounding this issue throughout America’s history
  • 3. 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)
  • 4. 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 attach 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.
  • 5. 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)
  • 6. 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?
  • 7. Immigration Policy• Congress has the power to control immigration policies, via Constitution.• Laws starting in the 1880’s restricted immigration in to the United States.
  • 8. 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 where not allowed citizenship.
  • 9. Immigration Policy
  • 10. Inspection Process This photo was taken when Chinese immigrated to the United States {San Francisco}. Sometime between 1850-1882 when the Exclusion Act didnt exist. At the time, Immigration was not illegal. In the photo they are going through inspection and the immigration "process". They went to Angels Island because it was very isolated, and they formed their own community there.
  • 11. 1882-1924 Immigration• 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?)
  • 12. 1882-1924 Immigration• Even with the new road blocks immigration soared. 25 million immigrants entered the United States during this time period.
  • 13. 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.
  • 14. Other Immigration Acts• Immigration Act of 1965: Got rid of the quota system. It split the would 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?
  • 15. 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.
  • 16. The Basis ofCitizenshipSection 2
  • 17. 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.
  • 18. A. National Citizenship1. 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.
  • 19. B. Citizenship by Birth1. 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.
  • 20. • 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.
  • 21. C. Citizenship by Naturalization1. 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.
  • 22. 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.
  • 23. D. The Steps to Citizenship1. 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.
  • 24. • Children under 18 ▫ have a green card ▫ become citizens the day the parent is sworn in ▫ $460 fee• shortcut for members of the military.
  • 25. Who should take Citizenship classes?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.
  • 26. What happened afterOctober 1, 2008?All citizenship applicants who filed their N-400 on or after October 1, 2008 will take the new test.
  • 27. What Happens in theInterview?Current testThe 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 questions3. gives applicant a one sentence dictation Interview lasts about 15-20 minutes
  • 28. When do you become aCitizen?At theSwearing-inCeremonyUsually 2-3monthsafter thecitizenshipinterview
  • 29. Early HistoryWhy did the Pilgrims come to America? For religious freedom.What was the name of the Pilgrim’s The Mayflower.ship?Who helped the Pilgrims in America? Native Americans.What holiday was celebrated for the Thanksgiving Day.first time by the American Colonists?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
  • 30. E. Losing Citizenship1. Only the federal government can take away citizenship.2. A person may lose citizenship voluntarily or involuntarily.
  • 31. Losing CitizenshipExpatriation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.
  • 32. Losing CitizenshipDenaturalization• 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
  • 33. 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.Red flags
  • 34. F. The Responsibilities of Citizens1. Responsible citizens need to know about the laws that govern society.2. Responsible citizens participate in political life.
  • 35. 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.
  • 36. Summarizer• Summarize the steps to becoming a citizen in the United States
  • 37. The Rights of theAccusedSection 3
  • 38. 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.
  • 39. 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.
  • 40. A. Searches and Seizures continued4. 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.
  • 41. 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.
  • 42. C. Self-incrimination1. 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.
  • 43. D. Double Jeopardy1. 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.
  • 44. E. Cruel and Unusual Punishment1. The Eighth Amendment forbids cruel and unusual punishment.2. Use of the death penalty is an ongoing controversy under this amendment.
  • 45. Equal Protection ofthe LawSection 4
  • 46. 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
  • 47. 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.”
  • 48. A. Meaning of Equal Protection1. 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.
  • 49. A. Meaning of Equal Protection continued4. 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.
  • 50. B. Proving Intent to Discriminate1. 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.
  • 51. C. The Struggle for Equal Rights1. 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.
  • 52. 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.
  • 53. 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.
  • 54. Challenges for CivilLibertiesSection 5
  • 55. A. Affirmative Action1. 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.
  • 56. A. Affirmative Action continued3. 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.
  • 57. B. Discrimination Against Women1. 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.
  • 58. B. Discrimination Against Womencontinued 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.
  • 59. C. Citizens’ Right to Know1. The 1966 Freedom of Information Act requires federal agencies to grantpeople 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.
  • 60. D. Citizens’ Right to Privacy1. 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.
  • 61. D. Citizens’ Right to Privacy3. 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.
  • 62. Summarizer• Why do people criticize affirmative action programs for minorities and women as a form of reverse discrimination?
  • 63. Chapter 17Elections and VotingSection 1Election Campaigns
  • 64. 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)
  • 65. 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.
  • 66. Electing the President• 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.
  • 67. Electing the President• A strong organization, headed by an experienced campaign manager, is essential in running a presidential campaign.
  • 68. Electing the President • 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 candidate.
  • 69. Discussion Question•Describe the image that Barack Obama portrays in the ad.
  • 70. 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.
  • 71. 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.
  • 72. 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.
  • 73. 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.
  • 74. 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.
  • 75. Discussion Question•What reforms, or changes, of the campaign finance laws would you like to see enacted. Why?
  • 76. Chapter 17Elections and VotingSection 2Expanding Voting Rights
  • 77. 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.
  • 78. Discussion Question•Analyze this statement: “Voting is not just a right, it is a responsibility.”
  • 79. 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.
  • 80. 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.
  • 81. African American Suffrage• 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
  • 82. African American Suffrage• 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.
  • 83. 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?
  • 84. 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.
  • 85. Chapter 17Elections and VotingSection 3Influences on Voters
  • 86. Personal Background ofVoters• 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.
  • 87. Discussion Question•In your opinion, what has the largest influence on a voters decision? Explain.
  • 88. 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.
  • 89. 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.
  • 90. 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.
  • 91. 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.
  • 92. Discussion Question•What were some of the big topics that affected the Presidential Election?
  • 93. The Candidates Image• Americans want someone they can trust as a national leader.• Voters often select candidates for the image they project.
  • 94. Discussion Question•Do the campaigns focus too much on image in a positive or negative light?
  • 95. 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.
  • 96. Propaganda
  • 97. 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.
  • 98. Profile of Nonvoters • They may not meet citizenship, residency, and registration requirements. • The percentage of voters among those who are eligible has declined.
  • 99. Discussion Question•What steps do you think might be effective in increasing voter turnout?