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Immigration _ Citizenship

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Immigration _ Citizenship Powered By Docstoc
					Driving Question
   What should the immigration policy of the
    United States be today & what
    constitutional rights should be granted to
    immigrants?

     Think about past & current policies as well as
      the fundamental freedoms found in the US.
Immigration &
Citizenship
 Immigrants v. Aliens
                                   5 Categories for
  Immigrants- intend to
                                   •Aliens
    live permanently
                                      •Resident Alien
  Aliens- live in country            •Nonresident
    w/o citizenship                   Alien
                                      •Enemy Alien
                                      •Refugees
                                      •Illegal Alien
Guaranteed protection under Bill of
Rights
Can’t vote, serve in military or serve
juries
Immigration Policies
   1882 to 1924: restriction to mentally handicap/
    Chinese Exclusion Act
   Immigration Act of 1924: lowered quota/ favored
    N & W Europe
   Immigration Reform Act 1965: ceilings from
    E&W Hemispheres
   IR & Control Act 1986: amnesty since ’82
   Immigration Act 1990: revised ’65, limited Latin
    America, opened Europe, special skills
National Citizenship
 Founders left it to states/ became national
 Dred Scott v. Sandford
     Only  citizens can bring suit in federal court
     14th Amendment: citizenship at state &
      national level
   Citizenship by birth
     Jus   Soli or Jus Sanguinis
Qualifications & Process
   Enter Legally            18 Years Old
   Good Moral               Live 5 continuous
    Character                 years in US
   Declare support for      Answer simple
    US                        questions
   Prove read, write &      Collective
    speak English             Naturalization
   Basic knowledge of
    US History & Gov’t
Losing Citizenship
   Expatriation: give up
    citizenship for another
    country
   Crimes: treason or
    rebellion
   Denaturalization:
    fraud during process
Responsibilities of Citizenship
   Know laws & rights
     “Freedom  can exist only in the society of
      knowledge. Without learning, men are
      incapable of knowing their rights”
          Dr. Benjamin Rush
 Participate
 Voting
 Working elections for candidates
Critical Thinking
 Is the process of citizenship in the US
  strong enough or too weak in your
  opinion?
 Explain using info from today’s lecture and
  examples in the news.
Rights of the
Accused
Searches & Seizures
 4th Amendment
 Payton v. New York: search w/o warrant in
  emergency
 Florida v. J.L. (2000): can’t search on
  anonymous tip
Searches & Seizures
   Special Situations
     If
       stopped for traffic violation
     Garbage outside
     Drug testing is legal search of body
 Weeks v. US: “Exclusionary Rule”: illegally
  obtained evidence can’t be used
 California v. Acevedo: SC says search is
  legal if evidence believed to be in vehicle
Searches & Seizures in High
School
   New Jersey v. T.L.O: SC said schools
    don’t need warrants, athletes can be
    searched randomly
Wiretapping
   Gov’t must have warrant to wiretap
Guarantee to Counsel
 8th Amendment: right to counsel or defense
 Past: poor had no lawyers/ rich went free
 Betts v. Brady: No lawyer if no death
  penalty/ lawyer for illiterate & handicap
 Gideon v. Wainwright: denied lawyer/guilty
     SC:   any sentence over 6 months given counsel
Cruel & Unusual Punishment
 8th Amendment
 SC: death penalty not cruel & unusual if
  for good reason
Self Incrimination
   5th Amendment: don’t witness against self
   Miranda v. Arizona: Miranda Rights
     ...Theperson in custody must, prior to interrogation,
      be clearly informed that he or she has the right to
      remain silent, and that anything the person says may
      be used against that person in court; the person must
      be clearly informed that he or she has the right to
      consult with an attorney and to have that attorney
      present during questioning, and that, if he or she is
      indigent, an attorney will be provided at no cost to
      represent him or her.
   Double Jeopardy: cant be tried twice for same
    crime

				
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