Download II. Basis of Citizenship

II. Basis of Citizenship
A. National Citizenship
• Founders let states decide who was a
citizen
• Naturalization – Legal process by which a
person is granted the rights and
privileges of a citizen
B. Dred Scott V. Sandford
• Dred Scott – Was a slave from Missouri
• His slaveholder took Scott to Illinois and the
Wisconsin Territory(present-day Minnesota),
which was a free state
• 1846 – Scott sued for his freedom claiming his
residence in a free state made him free
• “Once Free, Always Free” – Legal precedent that did
not allow slave owners to bring their slaves with
them to a free territory
• 1857 – Supreme Court hears Scott’s case
• Court rules 7-2 against Scott
• All 9 justices wrote opinions
Dred Scott
Scott v. Stanford 1857 – Primary Source
• Doctrine of Interstate Comity – Laws in
one state are accepted by other states
Can you think of examples today where states
might have an issue with interstate comity?
C. Court’s Ruling
• African Americans were not citizens when the
Constitution was written
• Had no claim to citizenship
• Congress was also not allowed to forbid
slavery in any United States territory –
Overturned the Missouri Compromise
• Missouri Compromise was unconstitutional
because it violated the 5th Amendment
• “No person shall be deprived of life, liberty,
or property without due process of law”
Chief Justice Taney
Emancipation Proclamation, 1863 –
Primary Source
D. Civil War Amendments
• Most important constitutional issue in
American history was decided by the Civil
War
• How much authority should be granted
to states and how much should be
granted to the federal government?
• 13th Amendment (1865) – Outlawed slavery
• 14th Amendment (1868) – People of all races born in
the United States are citizens
– Overturned the Dred Scott decision
• 15th Amendment (1870) – Men of all race are
allowed to vote
E. Citizenship by Birth
• Jus Soli – “Law of the soil,” all people born in
the United States
• Jus Sanguinis – “Law of blood,” all people
born in another country to American parents
• One parent must have legal residence
Fourteenth Amendment – Primary Source
Fifteenth Amendment – Primary Source
Which of these 2008 presidential candidates was not
born on U.S. soil?
F. Citizenship by Naturalization
• Naturalized citizens have most of the rights of nativeborn citizens
• Qualifications
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1) Entered the U.S. legally
2) Good moral character
3)Support the U.S. government
4) Prove that they can read, write, and speak English
5) Have basic knowledge of U.S. history and government
G. Steps to Citizenship
• Must fill a petition requesting citizenship
• Be at least 18
• Must be legal resident of U.S.
• Pass the citizenship test
• Two witnesses must testify on person’s character and integrity
• Final Hearing – Take the oath of citizenship and become
official citizens
Swearing in of new American citizens
H. Losing Citizenship
• Only the federal government can take away
citizenship
• Expatriation – Giving up one’s citizenship by
becoming a citizen in another country
• People may lose citizenship because they commit
federal crimes or lie during naturalization process