Presentation on theme: "II. Basis of Citizenship. A. National Citizenship Founders let states decide who was a citizen Naturalization – Legal process by which a person is granted."— Presentation transcript:
II. Basis of Citizenship
A. National Citizenship Founders let states decide who was a citizen Naturalization – Legal process by which a person is granted the rights and privileges of a citizen
B. Dred Scott V. Sandford Dred Scott – Was a slave from Missouri His slaveholder took Scott to Illinois and the Wisconsin Territory(present-day Minnesota), which was a free state 1846 – Scott sued for his freedom claiming his residence in a free state made him free
“Once Free, Always Free” – Legal precedent that did not allow slave owners to bring their slaves with them to a free territory 1857 – Supreme Court hears Scott’s case Court rules 7-2 against Scott All 9 justices wrote opinions
Scott v. Stanford 1857 – Primary Source
Doctrine of Interstate Comity – Laws in one state are accepted by other states Can you think of examples today where states might have an issue with interstate comity?
C. Court’s Ruling African Americans were not citizens when the Constitution was written Had no claim to citizenship Congress was also not allowed to forbid slavery in any United States territory – Overturned the Missouri Compromise
Missouri Compromise was unconstitutional because it violated the 5 th Amendment “No person shall be deprived of life, liberty, or property without due process of law”
D. Civil War Amendments Most important constitutional issue in American history was decided by the Civil War How much authority should be granted to states and how much should be granted to the federal government?
13 th Amendment (1865) – Outlawed slavery 14 th Amendment (1868) – People of all races born in the United States are citizens – Overturned the Dred Scott decision 15 th Amendment (1870) – Men of all race are allowed to vote
E. Citizenship by Birth Jus Soli – “Law of the soil,” all people born in the United States Jus Sanguinis – “Law of blood,” all people born in another country to American parents One parent must have legal residence
Fourteenth Amendment – Primary Source
Fifteenth Amendment – Primary Source
Which of these 2008 presidential candidates was not born on U.S. soil?
F. Citizenship by Naturalization Naturalized citizens have most of the rights of native- born citizens Qualifications – 1) Entered the U.S. legally – 2) Good moral character – 3)Support the U.S. government – 4) Prove that they can read, write, and speak English – 5) Have basic knowledge of U.S. history and government
G. Steps to Citizenship Must fill a petition requesting citizenship Be at least 18 Must be legal resident of U.S. Pass the citizenship test Two witnesses must testify on person’s character and integrity Final Hearing – Take the oath of citizenship and become official citizens
Swearing in of new American citizens
H. Losing Citizenship Only the federal government can take away citizenship Expatriation – Giving up one’s citizenship by becoming a citizen in another country People may lose citizenship because they commit federal crimes or lie during naturalization process