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

Dred Scott

Scott v. Stanford 1857 – Primary Source

Doctrine of Interstate Comity – Laws in one state are accepted by other states Question: What modern day issue is related to the Doctrine of 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

Chief Justice Taney

Emancipation Proclamation, 1863 – Primary Source

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

Citizenship Test 1. What is the supreme law of the land? 2. How many branches of government are there? 3. Who is the current president? 4. How many years are presidents elected? 5. How many representatives are there in Congress? 6. Who are the senators from your state? 7. Who becomes President of the United States if both the president and vice president die at the same time? 8. What decade did the Civil War occur? 9. What decade did World War I occur? 10. In what decade was Ronald Reagan President?

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G. Steps to Citizenship Must fill a petition requesting citizenship Be at least 18 Must be legal resident of U.S. 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