CITIZENSHIP Rights, Duties, Responsibilities, History of Immigration, Natural Born Citizen, Immigration, Naturalization

CIVICS The study of the rights, duties, and responsibilities of members of a state or nation. Analyzes the interaction between citizens and their government. A citizen is someone who is entitled to certain rights, and in turn has certain duties and responsibilities. Citizenship – includes rights, duties, and responsibilities. Has roots in Ancient Greece (Athens) and Rome.

RIGHTS Something that you are entitled to as a human being. Categories of Rights Security – Protect from harmful behavior. Equality – People should have equal opportunity regardless of race, gender, or religious background. Liberty – All people should have certain basic freedoms. (Bill of Rights)

Something you are required by law to do as a citizen. DUTIES Something you are required by law to do as a citizen. 1) Obey Laws 2) Pay Taxes 3) Jury Duty 4) Attend School 5) Register for the Draft

RESPONSIBILITIES Things that you should do as a citizen. Be Informed Voting Participate in Government Respect Others Rights Respect Diversity

The Americas – A Land of Immigrants Asians - 10,000+ years ago – Crossed land bridge from Asia. Europeans – Late 1400’s, Early 1500’s. Largest number of immigrants from 1500’s-1900’s. Africans – 1619-1808 – more than 500,000 brought into slavery. 1808 Congress banned the slave trade. Today – Latin America. Given the US population, why is respect for diversity important?

IMMIGRATION Immigrant – People who move permanently to a new country. Immigrants plan to become citizens. Alien – People from other countries coming to US to work or study. Aliens plan to return to their home country. Legal – File with government and are given permission to be in the country. (VISA) Illegal – Have not been given permission by the government to be in the country

NATURAL BORN CITIZEN All people who meet the following criteria are citizens by birth. 1) Born in… 50 States Washington D.C. US Territories – US Virgin Islands, Puerto Rico, Guam US Military Base 2) Parents Are US Citizens

NATURALIZATION The legal process of becoming a citizen of the United States. File Declaration of Intent Form (USCIS) Live in US 5 years – Married 3 years Meet with USCIS Take Exam Take Oath of Allegiance

Bill of Rights Amendments 11-19 Amendments 20-27 THE CONSTITUTION Bill of Rights Amendments 11-19 Amendments 20-27

ARTICLE V: AMENDMENTS PROCESS BY WHICH CHANGES CAN BE MADE TO THE CONSTITUTION PROPOSAL Amendments to the Constitution must be approved by 2/3 of both houses of Congress to be proposed (or) 2/3 of the states call for a national convention for the proposal of an amendment Amendments must be ratified by ¾ of the State Legislatures

Constitutional Flexibility Flexibility – the ability to adapt or change. Amendment Process – allows the Constitution to be changed (delete, add, or alter) to deal with problems. Why is this important? Under the Articles of Confederation, major changes were needed. (Example – power to tax) Required all 13 states, and thus could not change. New process allows Constitution to be changed.

Ideas in the Bill of Rights Civil Liberties – Freedom to think and act without government interference. Major Debate dealing with the Bill of Rights - Individual Rights v Society (Community Rights) - Must balance the exercise of individual rights and protection of society. - This Debate has played out in public schools, times of war, etc… Limitations on Rights - Libel, Slander, Censorship, Rights of the Community

The Bill of Rights Amendment 1 – Freedom of Speech, Press, Religion, Petition, & Assembly Amendment 2 – Right to Bear Arms Amendment 3 – Quartering of Soldiers Amendment 4 – Search & Seizure Amendment 5 – Rights of the Accused Amendment 6 – Requirements for a Jury Trial Amendment 7 – Rules of Common Law Amendment 8 – Limits on Criminal Punishment Amendment 9 – Rights Kept by the People Amendment 10 – Powers of the States and the People

Amendment 1 RAPPS Religion Assembly Press Petition Speech Free Exercise Clause – Congress shall make no law prohibiting the free exercise of religion. Establishment Clause – Congress shall make no law respecting the establishment of religion.

Amendment 2 The Right to Bear Arms A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Quartering of Soldiers Amendment 3 Quartering of Soldiers No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner prescribed by law.

Amendment 4 Search & Seizure Search Warrants - Probable Cause - Specific for place, persons, or things.

Amendment 5 Rights of the Accused Grand Jury Double Jeopardy Privilege against Self-Incrimination Due Process of Law Eminent Domain

Right to a Speedy Fair Trial Amendment 6 Right to a Speedy Fair Trial Speedy & Public Trial Impartial Jury of the State Informed of nature & cause of accusation Confronted by Witness & have witness in favor Right to an Attorney

Amendment 7 Rights in a Civil Case Right to a jury trial in civil cases involving $20 or more. States have raised amount due to inflation

Cruel & Unusual Punishment Amendment 8 Cruel & Unusual Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Bail Fines Punishment

Amendment 9 Powers of the People The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ETC… Amendment

Amendment 10 Powers of the States The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people. Reserved Powers Limited Government

Amendments 11-19 Amendment 11 – Suits Against States Amendment 12 – Presidential Election Method Amendment 13 – Slavery Abolished Amendment 14 – Civil Rights Guaranteed Amendment 15 – Black Voting Rights Amendment 16 – Income Tax Amendment 17 – Direct Election of Senators Amendment 18 – Prohibition Amendment 19 – Women’s Voting Rights

Amendments 20-27 Amendment 20 – Terms of Office (Lame Duck) Amendment 21 – Repeal of Prohibition Amendment 22 – Limits on Presidential Terms Amendment 23 – Electors for the District of Columbia Amendment 24 – Abolition of Poll Tax Amendment 25 – Presidential Disability Amendment 26 – Voting Age Amendment 27 – Congressional Pay

Civil Rights Amendments 13th Amendment – Abolished Slavery 14th Amendment – Civil Rights guaranteed, regardless of race, etc... 15th Amendment – Black Voting Rights – cannot be denied the right to vote on the basis of race.

Suffrage Amendments Suffrage – the right to vote 15th Amendment – Black Voting Rights 19th Amendment – Women’s Voting Rights 23rd Amendment – Washington DC & the Presidential Election 24th Amendment – Abolish the poll tax 26th Amendment – Lowered the Voting Age to 18 years of age

Presidential Amendments Amendment 12 – Presidential Election Amendment 20 – Inauguration Day Amendment 22 – Two Term Limit Amendment 25 – Presidential Succession

Sources of Law Types of Crime The American Legal System Types of Cases

Sources of Law Code of Hammurabi – 1760 B.C. Babylonian King; based on an eye for an eye. Roman Law – 450 B.C. – evolved into the Justinian Code – these laws became basis for Canon Law (Roman Catholic Church). Eventually updated by Napoleon (Napoleonic Code). English Law – based on common law. Precedents used to establish consistency in court rulings.

Components of Good Laws Why do we Need Laws? Social Norms – shared expectations of behavior placed on persons by a social group. Laws – rules & regulations that define the rights & obligations of citizens of a state or nation. Societies need laws for protection & order. Components of Good Laws Fair – equal treatment Reasonable – punishment fits the crime Understandable – not too complicated. Enforceable – government can enforce, people will obey.

Types of Laws Constitutional Law – involves rights guaranteed by the Constitution, or spelled out by Congressional Legislation. Administrative Law – rules & regulations that government agencies of the executive branch must issue to carry out duties. Statutory Law – laws that regulate behavior. International Law – involves military & diplomatic treaties, trade regulations, and international agreements.

Criminal Law-----Types of Crime Criminal Law – laws that seek to prevent people from deliberately or recklessly harming each other or other’s property. Felony – serious crime, punishable by possible prison sentence. Misdemeanor – less serious crime, usually punishable by a small fine. Civil Law Civil Law – involves disputes between people or groups of people. Lawsuit – legal action in which a person sues to collect damages for harm. Types of Crime Predatory Crime – victimizing a person or their property. Illegal Service Crime – involves a relationship between a buyer and a seller, and an illegal product or service. Public Disorder Crime – crime that is legal in private, but in public. Crimes of Negligence – careless, thoughtless behavior. White Collar Crime – crime that is committed usually on the job, and by a respectable member of the community.

The American Legal System Law & Precedents – Courts use previous court rulings and law as basis for rulings. (Stare Decisis) – “let the decision stand” Adversary System- two parties (Prosecution &Defense) present their argument for and against the defendant before an impartial jury ARTICLE I, SECTION 9 – US CONSTITUTION POWERS DENIED TO CONGRESS Writ of Habeas Corpus – person must be brought to court and explain why suspect is being held. Bills of Attainder – may not pass laws that deny a person of the right to trial by jury. Ex Post Facto Laws – cannot be punished for an act that is not against the law at time of action

4th Amendment Search Warrant - Police must obtain a search warrant from a judge. - Police show Probable Cause - Any evidence obtained illegally cannot be used in court.(Mapp v Ohio)

5th Amendment Due Process of Law - Cannot deny a person of life, liberty, or property without following procedures to convict a person of a crime. Self-Incrimination - Have the right not to answer questions that can be used against you in court. - Illegal confessions cannot be used in court. (Escobedo v Illinois) - Must inform you of these rights. (Miranda v Arizona) Double Jeopardy - If found not guilty. Cannot be tried for crime again. Grand Jury - Screens evidence to see if enough to indict. (Formally Accuse)

6th Amendment Right to an Attorney - Must be provided counsel. - Must be informed of this right. (Miranda v Arizona) - If you cannot afford, one will be appointed. (Gideon v Wainwright) Be Informed of Charges - Must be told what you are accused of doing. - What evidence the government has that you have done this. - Taken before a judge. (Writ of Habeus Corpus) Fair & Speedy Trial - Must be done in a timely fashion Impartial Jury - Jurors must not know about case, or person on trial. - Jurors must be representative of the community.

8th Amendment Cruel & Unusual Punishment - Punishment should fit the crime. - Bail & Fines – Should not be excessive. Death Penalty - Has been questioned in many cases. - Generally upheld for 1st degree murder. - Only certain types of executions upheld.

14th Amendment Equal Protection - All laws must apply to people regardless of differences. - Race, Religion, Gender, Sexual Orientation Court Cases & Current Events - Plessy v Ferguson - Brown v Board of Education - Heart of Atlanta Motel v US - University of California v Bakke - Gay Marriage - Immigration Issues

Civil Cases STEPS IN A CIVIL CASE Complaint – plaintiff/defendant, describes suit. Summons – sent by court to defendant. Discovery – find evidence in the case by both the defendant and the plaintiff. Settlement – either side has a chance to settle the issue before going to court, or use an arbitrator. (Most cases decided before court) Trial – Right to a jury, most decided by judge. Appeal – if defendant loses, has right to appeal.

Steps in a Criminal Case Arrest Police arrest & book suspect. Preliminary Hearing Suspect appears before a judge. Bail is set. Indictment Grand jury (or judge) hears evidence & formally charges the suspect with the crime. Arraignment Defendant pleads not guilty. Trial date is set. Defendant plead guilty & accepts a plea bargain. Trial Prosecution & defense present cases to jury/judge Jury/Judge reaches a verdict. Acquittal Defendant found not guilty or goes free. Sentencing Defendant found guilty. Judge sentences defendant.

Goal of the Juvenile Justice System Juveniles Juvenile – a person under the age of 18. Juvenile Delinquent – persons under 18 who commit crime. Goal of the Juvenile Justice System Rehabilitation – help young person correct behavior. Types of Cases Neglect – caregivers abuse or do not care for juvenile. Delinquency – juvenile commits crime. Juvenile Trials No trial by jury & trials are closed to the public. Once juvenile completes probation, the charges are dropped and removed from their record.