Transcript Who is a Citizen

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
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…
Naturalized
is the legal
Jurisdiction
process
oflegal
becoming a
means
citizen.
authority.
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In your group:
 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.
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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”?
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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/Possessions
Parents, or “Law of the Blood”
1.
Children born to a parent or parents who
are United States citizens.
S
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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.
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“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.
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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
S
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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 .
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Who is a “Natural Born
Citizen”?
Any person born in the United
States.
S
Where the person is born.
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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)
S
Where the person is born.
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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.
B
To whom someone is born.
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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
B
To whom someone is born.
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.
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Who is a “Natural Born
Citizen”?
A person born in U.S. possession if one parent is a
U.S. citizen and lived in the U.S. for at least a
year.
S
Where the person is born.
B
To whom someone is born.
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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
S
Where the person is born.
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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)
B
To whom someone is born.
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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.
B
To whom someone is born.
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Just to review:
The term “Natural Born Citizen” 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
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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.
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“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.
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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
S
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B
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
“Law of the Blood”
S
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B
The Fourteenth Amendment
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…
Who is a
“naturalized”
citizen?
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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…
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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
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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
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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.
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If you agree with the statement, go:
Agree
If you disagree with the statement, go:
Disagree
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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!
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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.
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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!
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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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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
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