Chapter Focus

Section 1 A Nation of Immigrants

Section 2 The Basis of Citizenship

Section 3 The Rights of the Accused

Section 4 Equal Protection of the Law

Section 5 Challenges for Civil Liberties

Chapter Assessment

• A Nation of Immigrants Describe immigration policy and explain how it has changed.

Chapter Objectives

• The Basis of Citizenship Explain the requirement for United States citizenship.

• The Rights of the Accused Summarize the rights of Americans accused of crimes.

• Equal Protection of the Law Explain the concept of “equal protection” and the tests by which the Supreme Court determines discrimination.

• Challenges for Civil Liberties Contrast trends and laws intended to ensure equal opportunity, privacy, and citizens’ right to know.

A. Immigrants come to a new country intending to live there permanently; aliens live in a country where they are not citizens.

I. Immigrants and Aliens (pages 387–388)

B. The federal government classifies aliens into five categories:

1. resident aliens

2. nonresident aliens

3. enemy aliens

4. refugees

5. illegal aliens

C. Protections of the Bill of Rights, such as freedom of speech and assembly, apply to aliens as well as citizens.

D. Aliens cannot vote; most are exempt from military duty and serving on juries.

I. Immigrants and Aliens (pages 387–388)

I. Immigrants and Aliens (pages 387–388)

What responsibilities do aliens have to the U.S. government?

They must pay taxes, obey the laws, and be loyal to the government.

I. Immigrants and Aliens (pages 387–388)

A. In 1882 Congress began to fully use its power to regulate immigration, and it imposed many restrictions during the next four decades.

II. Immigration Policy (pages 389–390)

B. The Immigration Act of 1924 sharply lowered the number of immigrants who could arrive each year and favored those who came from northern and western Europe.

C. The Immigration Reform Act of 1965 changed immigration policy by fixing a ceiling on countries in the Eastern Hemisphere and a different ceiling on those in the Western Hemisphere, as well as creating a complicated system for preferential treatment of selected immigrants.

D. The Immigration Reform and Control Act of 1986 was passed to stem the tide of illegal immigrants and to allow illegal immigrants to become permanent residents and citizens.

E. The Immigration Act of 1990 was passed to revise the 1965 immigration law, putting limits on the flood of immigrants from Asia and Latin America, and to open immigration to Europeans who had been adversely affected by the 1965 law.

F. The 1990 immigration law reduced the total annual immigration slightly, encouraged immigrants with special skills, and set up special categories for special immigrants like close relatives of United States citizens.

II. Immigration Policy (pages 389–390)

II. Immigration Policy (pages 389–390)

What do you think should be the goals of the United States immigration policy?

Answers will vary. Students should consider the historic issues of immigration policy.

___ alien

___ resident alien

___ non-resident alien

___ enemy alien

___ illegal alien

___ amnesty

___ private law

A. a person from a foreign country who expects to stay in the United States for a short, specified period of time

B. applies to a particular person

C. a person from a foreign nation who has established permanent residency in the United States

D. a general pardon to individuals for an offense against the government

E. a person without legal permission to be in a country

F. a citizen of a nation with which the United States is at war

G. a person who lives in a country where he or she is not a citizen

Checking for Understanding

G

C

A

F

E

D

B

Match the term with the correct definition.

3. Identify refugee.

Checking for Understanding

A refugee is a person fleeing a country to escape persecution or danger.

Cultural Pluralism Every community has a unique ethnic history. When did people of various ethnic and racial groups begin to come to your community? Research your community’s immigration history at the local library. Draw a time line showing how your community grew and when each group began to arrive.

The Basis of Citizenship

Key Terms

naturalization, jus soli, jus sanguinis, collective naturalization, expatriation, denaturalization

Find Out

• What are the main responsibilities of American citizens?

• What are the requirements for citizenship in the United States?

Certain citizens of the United States by birth were also made citizens by Congress. When Congress admitted Texas as a state in 1845, it also made all the people of Texas citizens of the U.S.

A. Citizens of the United States have rights, responsibilities, and duties.

I. National Citizenship (pages 391–393)

B. The Founders assumed the states would decide who was a citizen.

C. Citizenship came to have both a national and a state dimension.

D. The Dred Scott (1857) ruling that African Americans were not U.S. citizens led to the adoption of the Fourteenth Amendment, which defined citizenship at both the state and national levels.

A. Citizens by the “law of the soil” are born in the U.S. or its territories.

II. Citizenship by Birth (page 393)

B. Children born to a parent who is a U.S. citizen are also citizens by the “law of blood,” including children born in another country of American parents.

A. Naturalized citizens have most of the rights and privileges of native-born citizens.

III. Citizenship by Naturalization (pages 393–394)

B. Congress has established qualifications for naturalization:

1. Applicants must be of good moral character and have entered the U.S. legally.

2. Applicants must read, write, and speak English.

3. Applicants must show basic knowledge of American history and government and support the principles of American government.

III. Citizenship by Naturalization (pages 393–394)

Why must applicants show basic knowledge of American history and government?

Citizens must understand these subjects in order to participate fully in government.

A. An applicant must file a petition requesting citizenship, be at least 18 years old, have been a lawfully admitted resident alien for 30 months out of the previous 5 years, and have resided in the state for at least 3 months.

IV.Steps to Citizenship (pages 394–395)

B. At a final hearing, a federal judge administers the oath of allegiance to the new citizens.

A. Only the federal government can take away citizenship.

V. Losing Citizenship (pages 395–396)

B. A person may lose citizenship voluntarily or involuntarily.

V. Losing Citizenship (pages 395–396)

How may citizenship be taken away?

Expatriation, crimes such as treason, or denaturalization.

A. Responsible citizens need to know about the laws that govern society.

VI.The Responsibilities of Citizens(pages 396–

397)

B. Responsible citizens participate in political life.

___ naturalization

___ jus soli

___ jus sanguinis

___ collective naturalization

___ expatriation

___ denaturalization

A. giving up one’s citizenship by leaving to live in a foreign country

B. the principle that grants citizenship on the basis of the citizenship of one’s parents

C. the principle that grants citizenship to nearly all people born in a country

D. the loss of citizenship through fraud or deception during the naturalization process

E. the legal process by which a person is granted citizenship

F. A process by which a group of people become American citizens through an act of Congress

Checking for Understanding

E

C

B

F

A

D

Match the term with the correct definition.

3. Identify Dred Scott v. Sandford.

Checking for Understanding

Dred Scott v. Sandford is the Supreme Court case ruling that decided African Americans were not U.S. citizens and led to the adoption of the Fourteenth Amendment, which defined citizenship at both the state and national levels.

4. What are the five requirements for becoming a naturalized citizen?

Checking for Understanding

Applicants must have entered the United States legally; be of good moral character; declare their support of the principles of American government; prove that they can read, write, and speak English; and show some basic knowledge of American history and government.

5. In what three ways may American citizenship be lost?

Checking for Understanding

American citizenships may be lost through expatriation, as a punishment for treason, or denaturalization.

6. Synthesizing Information  Why does the United States require citizenship applicants to speak English and have knowledge of the American government?

Critical Thinking

Possible answer: Since the United States is based on self-government, it is vital that new citizens understand and support the principles of government and speak the language in order to participate.

Constitutional Interpretations The Fourteenth Amendment extends the “privileges and immunities” of each state to all American citizens. Make a chart that lists the privileges that you believe your state should provide out-of-state persons and the privileges that should extend only to residents of your state.

Reviewing Key Terms

___ 1. a person may not be retried for the same crime

___ 2. the process of gaining citizenship

___ 3. person from a foreign country who expects to stay in the United States for a short, specified period of time

___ 4. person from a foreign country who establishes permanent residence in the United States

G

E

J

F

Match the following terms with the descriptions below.

A. affirmative action F. resident alienB. counsel G. double jeopardyC. illegal alien H. exclusionary ruleD. Jim Crow laws I. security classification systemE. naturalization J. non-resident alien

Reviewing Key Terms

___ 5. person who comes to the United States without legal permits

___ 6. an attorney

___ 7. keeps illegally obtained evidence out of court

___ 8. laws that discriminated against African Americans

___ 9. policy giving preference to minorities

___ 10.how government documents are kept secret

C

B

H

D

A

I

Match the following terms with the descriptions below.

A. affirmative action F. resident alienB. counsel G. double jeopardyC. illegal alien H. exclusionary ruleD. Jim Crow laws I. security classification systemE. naturalization J. non-resident alien

1. How did the Constitution address the issue of citizenship?

Recalling Facts

The Constitution spoke of citizenship only as a qualification for holding office in the federal government.

2. What is the difference between an immigrant and an alien?

An immigrant enters a new country intending to live there permanently and become a citizen, whereas an alien is a temporary resident and may not intend to become a citizen of the country.

3. What are the three basic sources of United States citizenship?

Recalling Facts

The three basic sources of United States citizenship are jus soli, jus sanguinis, and naturalization.

4. What items must be included in a legal search warrant?

The warrant must describe the place to be searched and the person or things to be seized.

5. List the three Miranda rules.

Recalling Facts

Prior to any questioning, the person must be warned that he or she has the right to remain silent, that any statement he or she makes may be used as evidence against him or her in court, and that he or she has the right to the presence of an attorney.

1. Constitutional Interpretations How did the Fourteenth Amendment expand citizenship in the United States?

Understanding Concepts

It guaranteed citizenship for all people, regardless of race, who are born in the United States and subject to its government. It established state citizenship as an automatic result of national citizenship.

2. Civil Rights Why did the Court rule that wiretapping without a warrant was an illegal search and thus a violation of the Fourth Amendment?

Understanding Concepts

The Court ruled that the Fourth Amendment protects people, not simply areas, from search and seizure.

1. Describe the circumstances in which collecting information about citizens and consumers conflicts with the individual’s right to privacy.

Critical Thinking

When government or business shares information that has been collected with other agencies, especially when it does not inform the individual, the right to privacy is jeopardized.

2. Making Generalizations How did the Escobedo and Miranda cases extend protection against self-incrimination and forced confessions?

Critical Thinking

These cases overturned convictions in which confessions were made by the accused before that person had access to an attorney and before the accused was told that he or she had the right to remain silent.

3. Predicting Consequences Use a graphic organizer like the one below to show what might happen if there were no formal procedures for becoming an American citizen.

Critical Thinking

Effect: The country would be flooded with immigrants and refugees who could not participate in government.

1. Who are the people grouped on the left of the cartoon?

Interpreting Political Cartoons Activity

They are recent immigrants to the United States.

2. What is the meaning of the comment made by the person on the right?

Interpreting Political Cartoons Activity

Native Americans, whose presence in the Americas dates back thousands of years, are the only non-immigrants. The man in the middle is the descendant of immigrants.

3. How is “illegal immigrants” being defined by the cartoonist?

Interpreting Political Cartoons Activity

In the cartoon, the term “illegal immigrants” applies to both groups on the left. The cartoonist implies that “illegal immigrants” are those people who came to the Americas and took Native Americans’ lands.