Chapter 15

Protecting Civil Rights

Section 1

Citizenship and Immigration

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.

Citizenship Defined

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 RightsDuties = 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.

Basics of Citizenship

Citizenship by BirthJus 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 naturalizationNaturalization: the legal process by which a person is granted the rights and privileges of a citizen.

Citizenship Defined (cont.)

Must be at least 18 years oldLived in the U.S. as a legal resident for the last 5 years

Only 3 years if married to a U.S. citizenLived in the state where applying for at least 3 months

Naturalized through this process:1. You must have entered the country legally2. You must be of good moral character3. You must prove you can read, write and

speak English4. 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)

Steps to U.S. Citizenship

www.history.com/videos/preparing-for-the-us-citizenship-exam#taking-the-citizenship-oath

How can we lose American citizenship?

Federal crimes of disloyaltyTreasonRebellionAttempts to overthrow the gov’t by

violent means.Expatriation

By choosing to be a citizen of another country

DenaturalizationFraud or deception during the

naturalization process

Losing Citizenship

Section 2

Diversity and Equal Protection

1882-1924 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.1924-1965

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 Policies

Immigration Reform and Control Act of 1986Illegal 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 citizenshipIt also made it illegal to hire illegal aliens.

Immigration Act of 1990Too 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 danger5. Illegal alien: a person who comes to the U.S. without a

legal permit, such as a passport, visa, or entry permit

Classifying Aliens

Aliens are denied:The voteMilitary serviceJury dutyThe freedom to travel

in the U.S.

Aliens have a right to:The protections

guaranteed in the Bill of Rights

Attend public schoolsOwn homesCarry on businessesUse public facilities

Aliens also share in the responsibilities of:

Paying taxesObeying the lawLoyalty to the government

Aliens’ Rights

Section 3

Struggle for Civil Rights and Civil Rights Laws

Reasonable Distinction: not discrimination to make distinctions between classes of people

In state v. Out of state student feesRational Basis Test: differences in treatment are valid if they establish a reasonable method for accomplishing legitimate govt. goals.

Tobacco sales age limitsStrict 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

Equal Protection of the Law

De Jure Segregation: segregation by the lawJim 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 14th 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 and Equal Protection

Civil Rights Acts of 1866 and 1875 Protect right to vote and access to public places – never

enforcedCivil Rights Act of 1964

No segregation in public places (interstate commerce) No discrimination on the basis of race, national origin, religion

or sex24th 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

Civil Rights Legislation

Hispanic Americans Inroads have been made in the political sphere, but not in society in

generalAmerican Indians

1924 – considered citizensAsian Americans

Japanese Americans – Korematsu v. U.S. (1944) – internment was constitutional

Not until 1960s were individuals given some restitution for lossesPeople with Disabilities

Americans with Disabilities Act (ADA) (1990) – no discrimination against people with disabilities

Women 19th 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

Civil Rights Extended

Policies enacted to end the effects of discrimination

Level Playing FieldQuota 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?

Affirmative Action – Pro or Con?