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Who is a citizen? How do we determine who is a citizen of the United States? The Florida Law Related Education Association, Inc. © 2011.

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Presentation on theme: "Who is a citizen? How do we determine who is a citizen of the United States? The Florida Law Related Education Association, Inc. © 2011."— Presentation transcript:

1 Who is a citizen? How do we determine who is a citizen of the United States? The Florida Law Related Education Association, Inc. © 2011

2 The Fourteenth Amendment FLREA Copyright 2011 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… All persons born Naturalized is the legal process of becoming a citizen. Jurisdiction means legal authority.

3 In your group:  How would you define the word “citizen” based on the 14 th Amendment? “All persons born or naturalized in the United States…are citizens of the United States and the state wherein they reside.” Did you know… The word “Citizen” is used 13 times in the Constitution before it was ever defined. FLREA Copyright 2011

4 Also in the Constitution… FLREA Copyright 2011 No person except a natural born Citizen, or a Citizen of the United States…shall be eligible to the Office of President. Article II, Section 1 Who would count as a “natural born citizen”?

5 Natural Born Citizenship is based on two “laws”: 1. Place of birth, or “Law of the Soil” 1. Children born in the United States or Territories/Possessions 2. Parents, or “Law of the Blood” 1. Children born to a parent or parents who are United States citizens. S B FLREA Copyright 2011

6  Any child born in the United States is a citizen of the United States, even if the child’s parents are not citizens.  Soil of the US includes Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands. “Law of the Soil” FLREA Copyright 2011

7  Principle in which citizenship is determined by parentage rather than by place of birth.  US recognizes as citizens children born abroad to American citizens. “Law of the Blood” FLREA Copyright 2011

8 To Sum It Up…  Law of the Soil – WHERE you are born (must be within the United States or territory/possession)  Law of the Blood – WHO you are born to S B FLREA Copyright 2011

9 Natural Born Citizens…  Are born with all of the rights held by U.S. Citizens given by the U.S. Constitution  Are eligible to become a Senator, Representative, or President. FLREA Copyright 2011

10 Who is a “Natural Born Citizen”? Any person born in the United States. FLREA Copyright 2011 S Where the person is born.

11 Who is a “Natural Born Citizen”? Any Indian or Eskimo born in the United States (as long as citizenship does not impact the person’s status as a citizen of the tribe) FLREA Copyright 2011 S Where the person is born.

12 Who is a “Natural Born Citizen”? Any one born outside of the United States, both of whose parents are citizens of the United States, as long as one parent has lived in the U.S. FLREA Copyright 2011 B To whom someone is born.

13 Who is a “Natural Born Citizen”? Anyone born outside of the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. National A U.S. National is a person who is considered under legal protection of the U.S., but they are not U.S. citizens. The must go through the naturalization process to become a citizen. FLREA Copyright 2011 B To whom someone is born.

14 A person born in U.S. possession if one parent is a U.S. citizen and lived in the U.S. for at least a year. FLREA Copyright 2011 Who is a “Natural Born Citizen”? B To whom someone is born. S Where the person is born.

15 Who is a “Natural Born Citizen”? A person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States FLREA Copyright 2011 S Where the person is born.

16 Who is a “Natural Born Citizen”? Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time) FLREA Copyright 2011 B To whom someone is born.

17 Who is a “Natural Born Citizen”? A person born before noon on 5/24/1934 outside the limits and jurisdiction of the United States of an alien father and a U.S. citizen mother who has lived in the U.S. FLREA Copyright 2011 B To whom someone is born.

18 Just to review: The term “Natural Born Citizen” is based on two “laws”… 1. Place of birth, or “Law of the Soil” 1. Children born in the United States or Territories 2. Parents, or “Law of the Blood” 1. Children born to a parent or parents who are United States citizens. S B FLREA Copyright 2011

19  Any child born in the United States is a citizen of the United States, even if the child’s parents are not citizens.  Soil of the US includes Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands. “Law of the Soil” FLREA Copyright 2011

20  Principle in which citizenship is determined by parentage rather than by place of birth.  US recognizes as citizens children born abroad to American citizens. “Law of the Blood” FLREA Copyright 2011

21 To Sum It Up…  Law of the Soil – WHERE you are born (must be within the United States or territory/possession)  Law of the Blood – WHO you are born to S B FLREA Copyright 2011

22 In your group…  Put a “S” for “Soil” next to examples of “Law of the Soil”  Put is “B” for “Blood” next to examples of “Law of the Blood” SB FLREA Copyright 2011

23 The Fourteenth Amendment FLREA Copyright 2011 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… All persons born Who is a “naturalized” citizen?

24 Naturalized Citizens  Naturalized citizens are non-citizens who go through legal means of becoming a citizen.  In order to become a naturalized U.S. Citizen, you must go through several steps… FLREA Copyright 2011

25 To Become a Naturalized Citizen… 1. Apply to become a permanent resident (resident alien). 1. You muse be a permanent resident of the United States for 5 years before applying for naturalization/citizenship 2. Apply to become naturalized. 3. Successfully complete a civics exam, demonstrate the ability to read, write, and speak English, and be of good moral character. You must also pay a fee to become a Naturalized citizen. 4. Take an Oath of Allegiance to the United States. Click Here Click Here to see the Application for Naturalization FLREA Copyright 2011

26 Naturalized Citizens  Naturalized citizens gain the rights established in the U.S. Constitution. This is outlined in the rest of the 14 th Amendment  Naturalized citizens can run for the House of Representative and/or the Senate… …but they cannot run for President. 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. Article II, Section 1 of the U.S. Constitution No person except a natural born Citizen, or a Citizen of the United States…shall be eligible to the Office of President… Can’t run for President FLREA Copyright 2011

27 Write down this statement: Naturalized citizens should be permitted to run for President of the United States. NOW…  Write down if you agree or disagree with this statement.  Write down 2-3 reasons why you agree or disagree with this statement. FLREA Copyright 2011

28 If you agree with the statement, go: If you disagree with the statement, go: Agree Disagree FLREA Copyright 2011

29 Now… Agree : Read your statements. If you are repeating an idea that was already said, only add new ideas. Disagree: LISTEN CAREFULLY to each argument! FLREA Copyright 2011

30 DISAGREE What argument from the “Agree’’ side did you think was the BEST?  This does not mean you agree with it, just that it was a good argument.  DO NOT make any arguments yet (you will get a turn). Just identify the best argument. FLREA Copyright 2011

31 Now… Disagree : Read your statements. If you are repeating an idea that was already said, only add new ideas. Agree: LISTEN CAREFULLY to each argument! FLREA Copyright 2011

32 AGREE What argument from the “Agree’’ side did you think was the BEST?  This does not mean you agree with it, just that it was a good argument.  DO NOT make any arguments (you had your turn). Just identify the best argument. FLREA Copyright 2011

33 Can you lose your citizenship? Yes. The following voluntary acts may result in loss of citizenship:  Becoming naturalized in another country  Swearing an oath of allegiance to another country  Serving in the armed forces of a nation at war with the U.S., or if you are an officer in that force  Working for the government of another nation if doing so required that you become a naturalized or that you swear an oath of allegiance  Formally renouncing citizenship at a U.S. consular office  Formally renouncing citizenship to the U.S. Attorney General  By being convicted of committing treason FLREA Copyright 2011

34 Mr. Hall’s Mail Call:  Using the example below, tell me if the candidate is eligible for office:  Javier is 47 years old, and wants to run for president of the United States. He has lived in the U.S. since he was three years old, and became a citizen when on his 18 th Birthday. Javier joined the Air Force, then went to college and became a lawyer. Is Javier eligible to run for President? Why or why not?


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