II. Basis of Citizenship. A. National Citizenship Founders let states decide who was a citizen...
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Transcript of II. Basis of Citizenship. A. National Citizenship Founders let states decide who was a citizen...
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II. Basis of Citizenship
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A. National Citizenship
• Founders let states decide who was a citizen
• Naturalization – Legal process by which a person is granted the rights and privileges of a citizen
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B. Dred Scott V. Sandford
• Dred Scott – Was a slave from Missouri
• His slaveholder took Scott to Illinois and the Wisconsin Territory(present-day Minnesota), which was a free state
• 1846 – Scott sued for his freedom claiming his residence in a free state made him free
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• “Once Free, Always Free” – Legal precedent that did not allow slave owners to bring their slaves with them to a free territory
• 1857 – Supreme Court hears Scott’s case
• Court rules 7-2 against Scott
• All 9 justices wrote opinions
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Dred Scott
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Scott v. Stanford 1857 – Primary Source
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• Doctrine of Interstate Comity – Laws in one state are accepted by other states
Can you think of examples today where states might have an issue with interstate comity?
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C. Court’s Ruling
• African Americans were not citizens when the Constitution was written
• Had no claim to citizenship • Congress was also not allowed to forbid
slavery in any United States territory – Overturned the Missouri Compromise
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• Missouri Compromise was unconstitutional because it violated the 5th Amendment
• “No person shall be deprived of life, liberty, or property without due process of law”
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Chief Justice Taney
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Emancipation Proclamation, 1863 – Primary Source
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D. Civil War Amendments
• Most important constitutional issue in American history was decided by the Civil War
• How much authority should be granted to states and how much should be granted to the federal government?
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• 13th Amendment (1865) – Outlawed slavery
• 14th Amendment (1868) – People of all races born in the United States are citizens – Overturned the Dred Scott decision
• 15th Amendment (1870) – Men of all race are allowed to vote
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E. Citizenship by Birth
• Jus Soli – “Law of the soil,” all people born in the United States
• Jus Sanguinis – “Law of blood,” all people born in another country to American parents
• One parent must have legal residence
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Fourteenth Amendment – Primary Source
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Fifteenth Amendment – Primary Source
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Which of these 2008 presidential candidates was not
born on U.S. soil?
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F. Citizenship by Naturalization
• Naturalized citizens have most of the rights of native-born citizens
• Qualifications– 1) Entered the U.S. legally – 2) Good moral character – 3)Support the U.S. government – 4) Prove that they can read, write, and speak English – 5) Have basic knowledge of U.S. history and government
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G. Steps to Citizenship• Must fill a petition requesting citizenship
• Be at least 18
• Must be legal resident of U.S.
• Pass the citizenship test
• Two witnesses must testify on person’s character and integrity
• Final Hearing – Take the oath of citizenship and become official citizens
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Swearing in of new American citizens
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H. Losing Citizenship• Only the federal government can take away
citizenship
• Expatriation – Giving up one’s citizenship by becoming a citizen in another country
• People may lose citizenship because they commit federal crimes or lie during naturalization process