Transcript Natural Born Citizens…

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
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…
FLREA Copyright 2011
Natural Born Citizens
Is there a specific definition of a natural
born citizen in the Constitution?
Vaguely
defined in the 14th Amendment of the
Constitution
Specifically defined by Title 8 of the U.S. Code
created by Congress

Congress was given the power to create laws
regarding naturalization in Article 1, Section 8,
Clause 4
“Congress shall have the power …to
establish uniform Rule of Naturalization “
FLREA Copyright 2011
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)
FLREA Copyright 2011
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.
FLREA Copyright 2011
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., but they are not U.S. citizens.
The must go through the
naturalization process to become a
citizen.
FLREA Copyright 2011
Who is a “Natural Born
Citizen”?
Any one found in the U.S. under the age of 5,
whose parentage cannot be determined, as
long as proof of non-citizenship is not provided
by age 21.
FLREA Copyright 2011
Who is a “Natural Born
Citizen”?
Any one born in a U.S. possession, if one parent
is a citizen and lived in the U.S. for at least one
year
FLREA Copyright 2011
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
FLREA Copyright 2011
time)
Who is a “Natural Born
Citizen”?
A person born before 5/24/1934 of an alien
father and a U.S. citizen mother who has lived in
the U.S.
FLREA Copyright 2011
Natural Born Citizenship is
based on two “laws”:
1.
Place of birth, or “Law of the Soil”
1.
2.
Children born in the United States or
Territories
Parents, or “Law of the Blood”
1.
Children born to a parent or parents who
are United States citizens.
S
FLREA Copyright 2011
B
“Law of the Soil”
 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.
FLREA Copyright 2011
“Law of the Blood”
 Principle
in which citizenship is determined
by parentage rather than by place of
birth.
 US
recognizes as citizens children born
abroad to American citizens.
FLREA Copyright 2011
To Sum It Up…
 Law
of the Soil – WHERE you are born
 Law of the Blood – WHO you are born to
S
FLREA Copyright 2011
B
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 .
FLREA Copyright 2011
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…
FLREA Copyright 2011
To Become a Naturalized Citizen…
1.
Apply to become a permanent resident (resident
alien).
1.
2.
3.
4.
You muse be a permanent resident of the United States
for 5 years before applying for naturalization/citizenship
Apply to become naturalized.
Successfully complete a civics exam, demonstrate
the ability to read, write, and speak English, and be
of good moral character. You must also pay a fee to
become a Naturalized citizen.
Take an Oath of Allegiance to the United States.
Click Here to see the Application for Naturalization
FLREA Copyright 2011
Naturalized
Citizens
Article II, Section 1 of the U.S.
No State shall make or enforce
any law
gain
thewhich
rights
shall abridge the privileges or immunities of
established
in the
U.S.
Constitution.
This is
citizens
of
the
United
States;
nor
shall
any
State
No person except a natural born Citizen,
th Amendment
outlined
in
the
rest
of
the
14
deprive any
person
of life,
liberty, or property,
or a Citizen
of the
United
States…shall
be
ofoflaw;
nor deny
any the House
 without
Naturalized
citizens
can
runtofor
eligible
todue
theprocess
Office
President…
person
within its jurisdiction and/or
the equal protection
of Representative
the Senate…
of the laws.
Constitution
 Naturalized
citizens
…but they cannot run for President.
Can’t run
for
President
FLREA Copyright 2011
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
FLREA Copyright 2011