Chapter 21 – Sections 3 & 4 CIVIL RIGHTS

 After Civil War, no good civil rights legislation passed until late 1950’s  CRA passed after longest debate in history – 83 days  1) no person can be denied access to places because of race, religion or nationality  2) no discrimination in any program that gets federal funding based on race, religion or nationality  3) employers and labor unions may not discriminate based on race, religion or nationality CIVIL RIGHTS ACT OF 1964

 Many people worried about past discrimination  In an effort to address that, the gov’t developed affirmative action  All federal, state and local governments and employers and colleges must make sure their workforce and student population reflects the general population  Pay, benefits and promotions must be the same  These percentages are called quotas  Many people say this results in reverse discrimination AFFIRMATIVE ACTION

 Supreme Court has been debating affirmative action for years  Regents of the Univ of California v. Bakke (1978)  Allan Bakke – white male – denied entry to their medical school  16 spots out of 100 had been set aside for black students  He sued saying it violated the 14 th Amendments Equal Protection Clause  He won  Now race must be one of several factors considered. SUPREME COURT

 14 th Amendment – “all persons born or naturalized in the US” are citizens  By Birth:  Jus soli – law of the soil – US, DC, Puerto Rico, Guam, Virgin Islands, Northern Marianas, US embassies around world  Jus sanguinis – law of the blood (to whom you are born)  Born overseas to at least one US citizen who has at sometime lived in the US CITIZENSHIP

 Naturalization – legal process a person born in another country goes through to be a citizen  Over 800,000 aliens a year become naturalized citizens  Collective naturalization – various groups have been naturalized en masse (this usually happens when we acquire a territory)  1977 – 16,000 people in the Northern Marianas  Also happened with African Americans and the 14 th Amendment

 Every American has the right to renounce their citizenship  Expatriation – the legal process by which a loss of citizenship occurs  US cannot take away a persons citizenship for something they have done.  Exception – denaturalization can occur if a person who has been naturalized has been found to do that by fraud.  Don’t automatically become a citizen by marriage, but the time required is shortened LOSS OF CITIZENSHIP

 Congress has the exclusive power to regulate immigration  It is an inherent power  1890’s – “new” immigrants from southern and eastern Europe arrived, as did Asian immigrants  Congress began to limit the number who could come or “exclude” certain groups (like the Chinese)  These laws were eliminated in 1965  Immigration Act of 1990  Ceiling set at 675,000 a year  Relatives of family here in US can come first  Highly skilled people (engineers, scientists) also receive special preference  Excluded: criminals, diseased, druggies, illiterate, mentally ill IMMIGRATION

 Aliens may be subject to deportation (legally required)  Reasons:  Illegal entry  Conviction of serious crimes  War on terror  Census Bureau estimates that there are 10 million undocumented aliens in US today  Most come from Latin America and Asia  DREAM Act – those between 16 and 30 who have been here illegally for at least five years may now apply for a Visa and then citizenship DEPORTATION