Chapter 15

Section 1

 The Fourteenth Amendment defined citizenship:  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.

 Citizens are members of a political society – a nation  Citizens of the U.S. have certain rights, duties, and responsibilities:  Rights = those outlined in the Bill of Rights  Duties = obeying the law, paying taxes, being loyal to the American government and its basic principles  Responsibilities = be informed, vote, respect the rights and property of others, and respect different opinions and ways of life.

 Citizenship by Birth  Jus soli: a Latin phrase that means “law of the soil”  Born on American soil makes you an American  Jus sanguinis: Latin phrase that means “law of blood”  Born to American parents makes you a citizen  Citizenship by naturalization  Naturalization: the legal process by which a person is granted the rights and privileges of a citizen.

 Must be at least 18 years old  Lived in the U.S. as a legal resident for the last 5 years  Only 3 years if married to a U.S. citizen  Lived in the state where applying for at least 3 months  Naturalized through this process: 1. You must have entered the country legally 2. You must be of good moral character 3. You must prove you can read, write and speak English 4. You must show basic knowledge of American history and gov’t (the citizenship test) 5. You must declare your support for the principles of the American government (the oath) citizenship-exam#taking-the-citizenship-oath

 How can we lose American citizenship?  Federal crimes of disloyalty  Treason  Rebellion  Attempts to overthrow the gov’t by violent means.  Expatriation  By choosing to be a citizen of another country  Denaturalization  Fraud or deception during the naturalization process

Section 2

  About 25 million immigrants came to the U.S.  Congress passed laws that barred entrance to the mentally handicapped, convicts, and paupers  Also Chinese laborers were denied entrance at this time.   Congress instituted the quota system (it only allowed a certain percentage of immigrants from each country)  Immigration dropped heavily during this time.  Immigration Reform Act of 1965  Eliminated previous quota system  Allowed 120,000/year from the Western Hemisphere (Canada, Mexico, Central and South America)  Allowed 170,000/year from the Eastern Hemisphere (Europe, Asia, Africa)

 Immigration Reform and Control Act of 1986  Illegal immigration had become a huge problem (it really hurts the economy)  This Act provided a way for illegal immigrants to become legal  Entered before 1982 may apply for amnesty  18 months of temporary residence 5 years permanence residence then they can apply for citizenship  It also made it illegal to hire illegal aliens.  Immigration Act of 1990  Too many people were immigrating from Asia and Latin America and so the law brought back the quota system with different parameters.

 Alien: a person who lives in a country where he or she is not a citizen  Immigrant: a person who comes to a new country intending to live there permanently  The U.S. classifies aliens into 5 different categories: 1. Resident alien: a person from a foreign nation who has established permanent residence in the U.S. 2. Non-resident alien: a person from a foreign country who expects to stay in the U.S. for a short specified period of time 3. Enemy alien: a citizen of a nation with which the U.S. is at war 4. Refugee: people fleeing to escape persecution or danger 5. Illegal alien: a person who comes to the U.S. without a legal permit, such as a passport, visa, or entry permit

 Aliens are denied:  The vote  Military service  Jury duty  The freedom to travel in the U.S.  Aliens have a right to:  The protections guaranteed in the Bill of Rights  Attend public schools  Own homes  Carry on businesses  Use public facilities  Aliens also share in the responsibilities of:  Paying taxes  Obeying the law  Loyalty to the government

Section 3

 Reasonable Distinction: not discrimination to make distinctions between classes of people  In state v. Out of state student fees  Rational Basis Test: differences in treatment are valid if they establish a reasonable method for accomplishing legitimate govt. goals.  Tobacco sales age limits  Strict Scrutiny Test: distinctions made based on race, national origin or other “permanent conditions”  These usually reflect discrimination  Suspect classifications: ones that receive a “red flag” for immediate govt. consideration as to basis for distinction  Govt. must proved that the classification is a reasonable method to achieve the goal – compelling governmental interests

 De Jure Segregation: segregation by the law  Jim Crow Laws  White Only v. Colored  Meant to keep African Americans separate from white society  Plessy v. Ferguson (1896) – “separate but equal”  Didn’t violate Equal Protection Clause of 14 th Amendment as long as facilities for the races were equal  Sweatt v. Painter (1948) – segregated graduate law schools violate Equal Protection Clause  Brown v. Board of Education of Topeka, KS, et al. (1954) – overturned Plessy – “separate is inherently unequal”  Swann v. Charlotte-Mecklenburg Township (1971) – mandatory bussing to integrate schools upheld  De Facto Segregation – segregation by the fact – more difficult to deal with

 Civil Rights Acts of 1866 and 1875  Protect right to vote and access to public places – never enforced  Civil Rights Act of 1964  No segregation in public places (interstate commerce)  No discrimination on the basis of race, national origin, religion or sex  24 th Amendment (1964) – made poll taxes illegal in federal elections  Voting Rights Act of 1965  Created federal laws to prohibit denying persons the right to vote  Removed obstacles like literacy tests and grandfather clauses  Civil Rights Act of 1968  No discrimination based on race, national origin, or religion in real estate rentals/sales – a deterrent to de facto segregation

 Hispanic Americans  Inroads have been made in the political sphere, but not in society in general  American Indians  1924 – considered citizens  Asian Americans  Japanese Americans – Korematsu v. U.S. (1944) – internment was constitutional  Not until 1960s were individuals given some restitution for losses  People with Disabilities  Americans with Disabilities Act (ADA) (1990) – no discrimination against people with disabilities  Women  19 th Amendment  Reed v. Reed (1971) – overturned law that gave fathers preference over mothers in child custody cases – first time a law was ruled as discrimination against women  Women now employed in same jobs, etc. as men

 Policies enacted to end the effects of discrimination  Level Playing Field  Quota system  Regents of the University of California v. Bakke  Although race may be a factor in determining admission to public educational institutions, it may not be a sole determining factor. – Law governing admissions to schools  Quotas were used to achieve adequate racial mix – Bakke fought and won  Good Idea? Bad Idea?