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Published byBernadette McDonald Modified over 8 years ago
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Chapter 21 – Sections 3 & 4 CIVIL RIGHTS
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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
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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
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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
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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
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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
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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
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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
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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
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