Who is a citizen? - Weebly Fourteenth Amendment FLREA Copyright 2011 or naturalized in the United...

Who is a citizen? How do we determine who is a citizen of the United States?

The Florida Law Related Education Association, Inc. © 2011

The Fourteenth Amendment

FLREA Copyright 2011

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…

All persons born

Naturalized is the legal process of becoming a

citizen. Jurisdiction means legal authority.

� How would you define the word “citizen” based on the 14th Amendment?

“All persons born or naturalized in the United

States…are citizens of the United States and the state

wherein they reside.”

Did you know… The word “Citizen” is used 13 times in the Constitution before it was ever defined.


Also in the Constitution…


No person except a natural born Citizen, or a Citizen of the United States…shall be

eligible to the Office of President. Article II, Section 1

Who would count as a “natural born citizen”?

Meaning…only a natural-born US citizen can become president.

Natural Born Citizenship is based on two “laws”:

1.  Place of birth, or “Law of the Soil” (jus soli)

1.  Children born in the United States or Territories/Possessions

2.  Parents, or “Law of the Blood” (Jus sanguinis)

1.  Children born to a parent or parents who are United States citizens.

S B FLREA Copyright 2011

� Any child born in the United States is a citizen of the United States, even if the child’s parents are not citizens.

� Soil of the US includes Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands.

“Law of the Soil”


� Principle in which citizenship is determined by parentage rather than by place of birth.

� US recognizes that children born abroad to American citizens are citizens themselves.

“Law of the Blood”


To Sum It Up… � Law of the Soil – WHERE you are born (must

be within the United States or territory/possession)

� Law of the Blood – WHO you are born to


Natural Born Citizens… � Are born with all of the rights held by U.S.

Citizens given by the U.S. Constitution � Are eligible to become a Senator,

Representative, or President.


Who is a “Natural Born Citizen”?

Any person born in the United States.


S Where the person is born.

Who is a “Natural Born Citizen”?

Any Indian or Eskimo born in the United States (as long as citizenship does not impact the person’s status as a citizen of the tribe)



Who is a “Natural Born Citizen”? Any one born outside of the United States, both of whose parents are citizens of the United States, as long as one parent has lived in the U.S. for at least one year.


B To whom someone is born.

Who is a “Natural Born Citizen”? Anyone born outside of the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. National

A U.S. National is a person who is considered under legal protection of the U.S. (American Samoa and Swains Island) , but they are not U.S. citizens. The must go through the naturalization process to become a citizen.



Who is a “Natural Born Citizen”? A person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States



Who is a “Natural Born Citizen”? Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)



An alien is a legal permanent resident in the United States. Their lawful residence is sometimes known as having a “green card”. They have many of the same individual rights and responsibilities than citizens have; however, they cannot vote.

Who is a “Natural Born Citizen”? A person born before noon on 5/24/1934 outside the limits and jurisdiction of the United States of an alien father and a U.S. citizen mother who has lived in the U.S.



Just to review: The term “Natural Born Citizen” is

based on two “laws”… 1.  Place of birth, or “Law of the Soil”

1.  Children born in the United States or Territories

2.  Parents, or “Law of the Blood” 1.  Children born to a parent or parents who

are United States citizens.


� Any child born in the United States is a citizen of the United States, even if the child’s parents are not citizens.

� Soil of the US includes Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands.

“Law of the Soil”


� Principle in which citizenship is determined by parentage rather than by place of birth.

� US recognizes as citizens children born abroad to American citizens.



To Sum It Up… � Law of the Soil – WHERE you are born (must

be within the United States or territory/possession)

� Law of the Blood – WHO you are born to


In your group… � Put a “S” for “Soil” next to examples of

“Law of the Soil” � Put is “B” for “Blood” next to examples of



The Fourteenth Amendment


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…

All persons born

Who is a “naturalized”

citizen?

Naturalized Citizens � Naturalized citizens are non-citizens

who go through legal means of becoming a citizen.

� In order to become a naturalized U.S. Citizen, you must go through several steps…


To Become a Naturalized Citizen… You must…

1.  Be at least 18 years old 2.  Be a lawful permanent resident 3.  Have lived in the US for at least five years 4.  Be of “good character” 5.  Have a working knowledge of English


If you meet the requirements, you must then take these steps:

1.  Complete an application to become a naturalized citizen.

�  Click Here to see the Application for Naturalization

2.  Successfully complete a civics exam (short test on American history and government). You must also pay a fee to become a Naturalized citizen.

3.  Take an Oath of Allegiance to the United States.

You then receive your “certificate of naturalization” and become a citizen! FLREA Copyright 2011

Naturalized Citizens � Naturalized citizens gain the rights

established in the U.S. Constitution. This is outlined in the rest of the 14th Amendment

� Naturalized citizens can run for the House of Representative and/or the Senate…

…but they cannot run for President.

Can’t run for

President FLREA Copyright 2011


Article II, Section 1 of the U.S. Constitution

No person except a natural born Citizen, or a Citizen of the United States…shall be

eligible to the Office of President…

No State shall make or enforce any law which shall abridge the privileges or immunities of

citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any

person within its jurisdiction the equal protection of the laws.

Can you lose your citizenship? Yes.

The following voluntary acts may result in loss of citizenship: �  Becoming naturalized in another country �  Swearing an oath of allegiance to another country �  Serving in the armed forces of a nation at war with the U.S., or

if you are an officer in that force �  Working for the government of another nation if doing so

required that you become a naturalized or that you swear an oath of allegiance

�  Formally renouncing citizenship at a U.S. consular office �  Formally renouncing citizenship to the U.S. Attorney General �  By being convicted of committing treason


Write down this statement: Naturalized citizens should be permitted to

run for President of the United States.

NOW… � Write down if you agree or disagree with this

statement. � Write down 2-3 reasons why you agree or

disagree with this statement.


If you agree with the statement, go:

If you disagree with the statement, go:

Agree

Disagree


Now… Agree: Read your statements. If you are

repeating an idea that was already said, only add new ideas.

Disagree: LISTEN CAREFULLY to

each argument!


DISAGREE What argument from the “Agree’’

side did you think was the BEST? � This does not mean you agree with

it, just that it was a good argument. � DO NOT make any arguments yet

(you will get a turn). Just identify the best argument.


Now… Disagree: Read your statements. If you are

repeating an idea that was already said, only add new ideas.

Agree: LISTEN CAREFULLY to each

argument!


AGREE

What argument from the “Agree’’ side did you think was the BEST?

� This does not mean you agree with it, just that it was a good argument.

� DO NOT make any arguments (you had your turn). Just identify the best argument.


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