What Do You Think? 14 1.Should illegal immigrants have the same rights and responsibilities that U.S. citizens have? 2.Should Congress limit the number of immigrants that come into the United States? 3.What should the requirements be for becoming a U.S. citizen? 4.Should speaking English be a requirement for becoming a U.S. citizen? 5.Under what circumstances should the government be able to take away a person’s citizenship? 6.Do you think that people’s perception of immigrants is generally positive or negative? 7.We are a nation of immigrants. From what part of the world did your family come?

Chapter 14 Citizenship & Equal Justice

Chapter 14 Section 1 A Nation Of Immigrants

“Once I thought to write a history of the immigrants in America. Then I discovered that the immigrants were American history.” Oscar Handlin

Immigrants & Aliens  Alien ~a person who lives in a country where he or she is not a citizen  May or may not plan on staying  Immigrant ~a person who comes and intends to stay permanently

Classifying Aliens Five Categories: 1.Resident alien  Established permanent residence 2.Non-resident alien  Short period of time 3.Enemy alien  Citizen of a nation we are at war with

Classifying Aliens 4.Refugees  Fleeing to escape persecution or danger 5.Illegal alien  No passport or visa  2-3 million in the U.S. in the mid-90’s

Alien’s Rights  All Constitutional protections apply to aliens  May own homes, attend public schools, own businesses, and use public facilities  Share responsibilities as well  Pay taxes & obey the law  Can’t vote, serve on jury, or join military

Immigration Policy  The Constitution gives Congress power to control immigration  No policies were made by Congress until 1882

Growth of restrictions  1882: 1 st bill passed barring entrance by mentally handicapped, convicts, and paupers  Chinese Exclusion Act restricted the admission of Chinese laborers & prevented all foreign- born Chinese from becoming citizens  25 million immigrants still came

National Origins Quotas  The Johnson Act lowered the number of immigrants allowed to 165,000 per year (80% decrease)  Favored immigrants from northern & western Europe  Set different quotas for different countries

Immigration Reform Act of 1965  Abolished the system of national origins quotas  Set 2 categories of immigrants  Eastern Hemisphere  170,000 per year  Western Hemisphere  120,000 per year  Set up a preference system  Highest, those whose skills would be helpful

Immigration Reform & Control Act of 1986  Aliens who can show that they entered the US before 1/1/82 could apply for amnesty ~a government pardon  Employers are forbidden to hire illegal aliens

Immigration Act of 1990  Takes the country of origin into account & admits more highly skilled and educated immigrants  Limits the number of immigrants from any single country  Equalizes the 1965 law, benefiting Europeans

Chapter 14 Section 2 The Basis Of Citizenship

Duties & Responsibilities  Duties:  Obeying the law  Paying taxes  Being loyal  Responsibilities:  Be informed  Vote  Respect different opinions  Respect the rights of others

National Citizenship  The Constitution only mentions citizenship in regards to holding public office  All state citizens were U.S. citizens  Exception: African Americans and immigrants who went through the naturalization process

Citizenship by Birth  Standards for citizenship  Born on American soil  Naturalization  Born to a parent who is a U.S. citizen

Citizenship by Birth  “ jus soli” ~”law of the soil”  Gives citizenship to all born in the U.S. or it’s territories  Not automatic  Children of foreign diplomats or foreign non- resident parents do not receive it

Citizenship by Birth  “jus sanguinis” ~ ”law of blood”  Gives citizenship to babies born to U.S. citizens in a foreign country  Both parents must be citizens, or  1 must have lived as a citizen in the U.S. for at least 5 years

Citizenship by Naturalization  All immigrants must go through this process  They have all the rights and privileges of native-born citizens  Exception: they can’t serve as president or vice- president

Qualifications of Citizenship Five requirements 1.Must have entered the U.S. legally 2.Good moral character 3.Must agree to support principles of the U.S. 4.Must read, write, and speak English 5.Must show some knowledge U.S. history

The Steps to Citizenship 1.Investigation and preliminary hearing  Asked questions about moral character  2 witnesses 2.Demonstrate knowledge of English language and American government 3.Final hearing  Oath of allegiance

Losing Citizenship Can happen in 3 ways:  Expatriation: giving up citizenship by leaving and living in another country  Punishment for a Crime:  Treason, rebellion, government overthrow  Denaturalization:  Fraud during the naturalization process

Chapter 14 Section 3 The Rights Of The Accused

Searches & Seizures  4 th Amendment protects against unreasonable search and seizure  No clear definition  Case-by-case basis  Police must testify under oath that they have probable cause

Warrants  Must have a court warrant before searching  Warrants must be specific  Before 1980, 23 states allowed probable cause searches, without warrants on felony cases  Payton v. New York (1980) forbid searches without warrants

Special Situations No warrant is necessary:  If police see the crime taking place  To search garbage placed out front a home  For drug tests if they serve to protect public safety

The Exclusionary Rule  Any illegally obtained evidence cannot be used in a federal court  1984, as long as the police act in good faith when requesting a warrant the evidence is good even if the warrant is not  Inevitable discovery, evidence can be used if it would have been legally discovered anyway

4 th Amendment in High Schools  Schools do not need a warrant or probable cause to search students or their property  They need reasonable grounds to believe that a search will uncover evidence  Schools can require mandatory drug tests for athletes

Wiretapping & Electronic Eavesdropping  Considered search & seizure  Legal up to 1928 because no home was entered  1967 the Supreme Court ruled that the 4 th Amendment protects people not just places  Wiretapping without a warrant was prohibited

Guarantee of Counsel  6 th Amendment guarantees defendants the right to counsel  Originally only applied to federal courts  Since 1963 state courts must provide counsel in all cases with a possible 6 months sentence

Self-incrimination  5 th Amendment  Protects us from having to testify against ourselves  Government bears the burden of proof  Protects against coerced confessions

Double Jeopardy  A person may not be tried twice for the same crime  May be tried in a different court  Civil vs. criminal  Federal vs. state  Does not apply when a person wins an appeal

Cruel & Unusual Punishment  8 th Amendment forbids cruel & unusual punishment  Is the death penalty cruel & unusual?  Supreme Court ruled that under adequate guidelines it is not  “It is an expression of society’s moral outrage”

Chapter 14 Section 4 Equal Protection Of The Law

Chapter 14 Section 5 Challenges Of Civil Liberties