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

The Fourteenth Amendment Section. 1. 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… FLREA Copyright 2011

Natural Born Citizens Is there a specific definition of a natural born citizen in the Constitution?  Vaguely defined in the 14 th Amendment of the Constitution  Specifically defined by Title 8 of the U.S. Code created by Congress  Congress was given the power to create laws regarding naturalization in Article 1, Section 8, Clause 4 “ Congress shall have the power …to establish uniform Rule of Naturalization “ FLREA Copyright 2011

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

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

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

Who is a “Natural Born Citizen”? Any one found in the U.S. under the age of 5, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21. FLREA Copyright 2011

Who is a “Natural Born Citizen”? Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year FLREA Copyright 2011

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

Who is a “Natural Born Citizen”? A person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S. FLREA Copyright 2011

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 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

 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

 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

To Sum It Up…  Law of the Soil – WHERE you are born  Law of the Blood – WHO you are born to S B FLREA Copyright 2011

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

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

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

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

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