This document defines citizenship and discusses how it is gained and maintained. It notes that citizenship provides both rights and responsibilities. One can become a citizen via birth in a country (jus soli) or with citizen parents (jus sanguinis), or through naturalization. The US Constitution and 14th Amendment establish citizenship rights. Naturalization requires residency and knowledge of civics. Citizenship can be lost by other citizenship or treason. Historically, citizenship originated in city-states and expanded through empires.
Covers the events that occurred in the aftermath of the American Civil War, including the readmission of former Confederate States to the Union, the establishment of the Freedmen's Bureau and the Black Codes, the passage of the Civil Rights Act of 1866, and the debates over the ratification of the Fourteenth Amendment to the Constitution.
Tonight’s Timeframe . . .
Reconstruction → 1865 - 1877
Gilded Age → 1870s - 1900
Progressive Era → 1890s - 1920
American Imperialism → 1880s - 1914
World War I → 1914 - 1918
The Roaring Twenties → 1920 - 1929
Great Depression & New Deal → 1929 - 1941
World War II → 1941 - 1945
American Legal History II
Citizenship and the 14th Amendment
What is the role of law in society?
How has the definition of citizenship changed over the course of American history? WHY?
Did the 14th Amendment bring about a revolution in citizenship in America?
Citizenship - Background
Is citizenship constitutional or statutory?
Statutory → Naturalization Acts
Constitutional
Is birthright citizenship territorial or national?
Jus Soli (Soil) vs. Jus Sanguinis (Blood)
Subjects vs. Citizens
Dred Scott v. Sandford (1857) → Context
Ongoing Concerns:
Northern enthusiasm
Southern opposition
Enforcement & Reconciliation
Previous denial of citizenship:
Dred Scott v. Sandford (1857)
Army Surgeon
Residence in free state/territory
7 - 2 Decision:
Majority Opinion written by Chief Justice Roger Taney
Excerpts
How did the Dred Scott decision restrict citizenship?
How did the Dred Scott decision reflect Antebellum America?
How might the Dred Scott decision have impacted American society?
14th Amendment → Citizenship Clause
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Clarifying Citizenship Under the 14th Amendment
Elk v. Wilkins (1884) - Context
Indian Wars, Expansion, Manifest Destiny
“Going the way of the buffalo . . .”
Warfare and Reservations
1871 → Treaty system eliminated → Railroads
Assimilation → National Unity → Boarding Schools
Dawes Act (1887)
Tribal Land → Individual Parcels
Clarifying Citizenship Under the 14th Amendment
Elk v. Wilkins (1884)
John Elk - Born Winnebago on a Reservation
Renounced Tribal Allegiance → Claimed U.S. Citizenship
Attempted Voter Registration in Omaha
Denied by Voting Registrar (Wilkins)
Elk files suit based on the Citizenship Clause of the 14th Amendment.
Decision:
7 - 2; Majority Opinion written by Justice Gray
Excerpts
Indian Citizenship Act of 1924
How did the Elk decision restrict citizenship?
How did the Elk decision reflect 19th century America?
How might the Elk decision have impacted American society?
19th Century Chinese Immigration & Labor
Declining American Economy and opposition
Chinese Exclusion Act (1882)
Geary Act (1892)
"Because the first duty of governments is to their own citizens, and securing to them protection and enjoyment of their life and liberty the consid ...
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Covers the events that occurred in the aftermath of the American Civil War, including the readmission of former Confederate States to the Union, the establishment of the Freedmen's Bureau and the Black Codes, the passage of the Civil Rights Act of 1866, and the debates over the ratification of the Fourteenth Amendment to the Constitution.
Tonight’s Timeframe . . .
Reconstruction → 1865 - 1877
Gilded Age → 1870s - 1900
Progressive Era → 1890s - 1920
American Imperialism → 1880s - 1914
World War I → 1914 - 1918
The Roaring Twenties → 1920 - 1929
Great Depression & New Deal → 1929 - 1941
World War II → 1941 - 1945
American Legal History II
Citizenship and the 14th Amendment
What is the role of law in society?
How has the definition of citizenship changed over the course of American history? WHY?
Did the 14th Amendment bring about a revolution in citizenship in America?
Citizenship - Background
Is citizenship constitutional or statutory?
Statutory → Naturalization Acts
Constitutional
Is birthright citizenship territorial or national?
Jus Soli (Soil) vs. Jus Sanguinis (Blood)
Subjects vs. Citizens
Dred Scott v. Sandford (1857) → Context
Ongoing Concerns:
Northern enthusiasm
Southern opposition
Enforcement & Reconciliation
Previous denial of citizenship:
Dred Scott v. Sandford (1857)
Army Surgeon
Residence in free state/territory
7 - 2 Decision:
Majority Opinion written by Chief Justice Roger Taney
Excerpts
How did the Dred Scott decision restrict citizenship?
How did the Dred Scott decision reflect Antebellum America?
How might the Dred Scott decision have impacted American society?
14th Amendment → Citizenship Clause
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Clarifying Citizenship Under the 14th Amendment
Elk v. Wilkins (1884) - Context
Indian Wars, Expansion, Manifest Destiny
“Going the way of the buffalo . . .”
Warfare and Reservations
1871 → Treaty system eliminated → Railroads
Assimilation → National Unity → Boarding Schools
Dawes Act (1887)
Tribal Land → Individual Parcels
Clarifying Citizenship Under the 14th Amendment
Elk v. Wilkins (1884)
John Elk - Born Winnebago on a Reservation
Renounced Tribal Allegiance → Claimed U.S. Citizenship
Attempted Voter Registration in Omaha
Denied by Voting Registrar (Wilkins)
Elk files suit based on the Citizenship Clause of the 14th Amendment.
Decision:
7 - 2; Majority Opinion written by Justice Gray
Excerpts
Indian Citizenship Act of 1924
How did the Elk decision restrict citizenship?
How did the Elk decision reflect 19th century America?
How might the Elk decision have impacted American society?
19th Century Chinese Immigration & Labor
Declining American Economy and opposition
Chinese Exclusion Act (1882)
Geary Act (1892)
"Because the first duty of governments is to their own citizens, and securing to them protection and enjoyment of their life and liberty the consid ...
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
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2. Citizenship
• A citizen is a participatory member of a political
community.
• Citizenship is gained by meeting the legal
requirements of a national, state, or local
government.
• A nation/state grants certain rights and privileges
to its citizens.
• In return, citizens are expected to assume
certain responsibilities that go with these rights.
3. • The value of citizenship varies from nation
to nation.
Discussion Questions
• What are the rights that we have as
American citizens that other people
around the world may not have?
• What are the responsibilities that go with
those rights?
4. How does one become a citizen?
• Birth
– Jus sanguinis (law of the blood)
• Example
– Jus soli (law of the soil)
• Example
• Naturalization
– Dual citizenship can result from naturalization, which is the legal
way someone can change his/her citizenship.
– Internal law protects naturalized citizens as long as they live in
their new country.
– But they may lose their new citizenship if they return to the
country of their birth and remain for a long time.
– In wartime, a grave problem could arise if both countries demand
their services in the armed forces.
5. What does the U.S. Constitution
say about Citizenship?
• The U.S. Constitution, drafted in 1787, did not
explain citizenship, but did mention “citizens of
the states” and a “citizen of the United States.”
• Citizens of the U.S. became entitled to the right
guaranteed to them by the Constitution and its
later amendments.
– What are some of those rights?
• Because the new country followed British
common law, it accepted the rule of jus soli, but
as early as 1790 Congress recognized the rule
of jus sanguinis, by passing laws giving
citizenship to a child born in a foreign country if
the father was a citizen of the United States.
6. The 14th Amendment
• The first official written explanation of American citizenship was
included in the 14th amendment to the Constitution, passed in 1868.
• Section 1 of this amendment declares that “All persons born or
naturalized in the U.S., and subject to the jurisdiction thereof,
are citizens of the United States and of the State wherein they
reside.”
• The wording of this amendment places national citizenship before
state citizenship. In other words, an American is first a citizen of the
United States and then a citizen of the state in which he or she
resides.
• Citizens are entitled to the rights granted by both the national
government and their own state’s government.
• The 14th amendment was passed to guarantee citizenship to blacks
who were freed from slavery after the Civil War (13th amendment,
1865).
• The amendment made the rule of jus soli a law for all U.S. citizens.
Thus, any child born in the U.S. becomes a citizen at birth, even if its
parents are aliens. Are there any exceptions?
7. • The 14th amendment does not include jus
sanguinis.
• American citizenship acquired at birth in a
foreign nation is usually determined by the law
that is in effect at the time the child is born.
• The Immigration and Nationality Act of 1952,
amended in 1965, 1976, and 1978, give those
requirements.
• For a child born on or after December 24, 1952,
both parents must have been American citizens.
Also, one parent must have lived in the U.S. for
ten years (and at least five years after the age of
14) before the birth of the child.
8. How does Naturalization work?
• The U.S. Constitution (Article 1. Section 8. Clause 4)
gives Congress the power to make naturalization laws
for the United States. No individual state can grant
citizenship to noncitizens.
• A person can become a naturalized citizen of the U.S.
individually or as part of a group.
• Generally, any person who has come into the U.S. as an
immigrant may become a naturalized citizen. To do so,
a person must be over 18 years old and must have lived
in the United States for five years, without leaving for
more than a total of 30 months (and not more than 12
consecutive months) throughout that 5 year period.
9. • People who wish to become U.S. citizens must
file a petition for naturalization and take an
examination that shows that they can read,
speak, and write simple English and have a fair
knowledge of American history, government,
and the U.S. Constitution.
• They must be able to prove that they are of good
moral character.
• Two American citizens whom they know well
must verify that the applicant will be a good
citizen and loyal to the United States.
10. • Once an applicant has passed the requirements
and examination, he or she may become a U.S.
citizen by taking an oath of allegiance. Group
naturalization ceremonies often take place on
September 17 – Citizenship Day.
• Naturalized Citizens are entitled to all of the
rights granted to natural-born citizens, except
they may not become president or vice president
of the United States.
11. Honorary Citizenship
• Congress has granted honorary
citizenship, an extremely high honor, to
only a few select individuals, e.g.
– Sir Winston Churchill – 1963
– Raoul Wallenberg, a Swedish diplomat who
rescued tens of thousands of Hungarian Jews
during World War II – 1981.
– Other examples of honorary citizenship?
12. Can Citizenship be lost?
• Most nations permit individuals to give up their
citizenship. This act, known as expatriation,
means that a person no longer wants the rights
and responsibilities of citizenship in a particular
country.
• Such a person may then become a citizen of
another country or may become a stateless
person (one without a country).
• If U.S. citizens wish to give up their citizenship,
they must declare this wish on a form provided
by the U.S Secretary of State.
13. • A citizen of the United States loses U.S. citizenship by
becoming a citizen of a foreign country unless a special
exception is made by the state department.
• A person can also lose U.S. citizenship for serving in the
armed forces of, or holding office in, a foreign
government.
• U.S. citizenship can also be taken away from people
who have been convicted of a major federal crime, such
as treason.
• People cannot, however, lose their citizenship for
something they were forced to do. A person who is
forced to serve in a foreign army, for example, will not
lose U.S. citizenship.
• Interestingly, Robert E. Lee, one of the greatest generals
of all time, lost his U.S. citizenship when he took
command of the Confederate forces during the American
Civil War. Due to a mistake, his citizenship was not
restored to him until Congress acted on the matter in
July 1975.
14. Historical Perspective
• Concept of citizenship is an old one.
• In the ancient city-state of Athens, citizenship was
granted to males of certain classes.
• Citizenship was also granted to a few foreigners and
freed slaves.
• Citizenship meant that a man could vote, hold office,
serve on committees and juries, and give military
service.
• He was also expected to share the work of government.
• Women, slaves, and practically all foreigners were
protected under the law but had few of the rights and
privileges of Athenian citizens.
15. • Citizenship was also important to the people of
ancient Rome.
• Roman citizens often took part in their
government.
• Roman citizenship was extended to foreign
soldiers serving in the army and to men of
conquered lands.
• By 212 A.D. almost all of the men in Roman
provinces, except slaves, were citizens.
16. • After the fall of the Roman Empire in the 400’s, the idea
of citizenship became less important for many centuries.
• Feudal system spread through western Europe in the
Middle Ages.
• The Feudal system was based on services and loyalty to
a higher person in exchange for his protection.
• Millions of serfs worked the land for lords.
• The lords owed their allegiance to overlords.
• The overlords in turn were controlled by the king.
• In this system the king and nobles, rather than any
government independent of these rulers, gave the
people rights and privileges.
17. • By the 1600’s some kings had made many small states
into nations.
• The common people no longer owed allegiance, or
loyalty, to the nobles in their immediate region.
• Their first allegiance now was to the king.
• They began to take pride in their whole country.
• They also began to feel that they should have a voice in
their country’s government.
• As these changes took place, people started thinking of
themselves as citizens of as nation as well as the loyal
subjects to their king.
• Today, most people place a high value on their
citizenship. They know that when they pledge allegiance
to their flag, they are willing to fulfill specific obligations
to their country and will be granted many rights and
privileges in return.