Chapter 14 Notes Citizenship & Equal Justice

1. Chapter 14 NotesCitizenship & Equal Justice Macdonald Government

2. Nation of Immigrants • America is a nation comprised of immigrants – can’t separate from rest of society • Immigrants and aliens • Classifying aliens • Resident alien (est. permanent residence) • Non-resident alien (stays for short time) • Enemy alien (from country US is at war with) • Refugee (ppl trying to escape danger) • Illegal alien (comes to US w/o legal permit) • Alien’s rights – BOF applies

3. Immigration Policy • 1882 – 1924 – Restrictive policies • Restricted mentally handicapped, convicts, poor • Chinese exclusion • 1924 – 1965 – National Origins Quotas • Favored immigrants from N. and W. Europe • Restricted S. Europe & Asia • Immigration Reform Act of 1965 • 2 categories of immigrants • Eastern Hemisphere – 170,000 per year • Western Hemisphere – 120,000 per year • Preferred categories – skills, unmarried adult children of citizens, spouses of citizens, professionals (lowest refugees from Communist countries & Middle East, victims of natural disasters) • Immigration Reform and Control Act of 1986 • Ppl who show came before 1982 and have lived here since can apply for amnesty – pardon to illegal aliens • Live here for 5 yrs, then can apply for citizenship • Employers must ask for documentation & penalties for those who hire w/o • Immigration Act of 1990 a. No more than 7% of annual visas from one country b. 675,000 total ppl per year

4. II. Basis of Citizenship • National citizenship not always a given • Dred Scott v. Sanford (1857) • Slave who moved w/ owner to free state – sued owner • Ruled that Scott not a citizen & couldn’t claim citizenship • Only those who were state citizens in 1788 & their descendants were citizens (no slaves) • 14th Amendment – reversed Scott – said ALL ppl born or naturalized in US are citizens • Citizenship by birth • Jus soli – law of the soil (doesn’t apply to ppl not under jurisidiction of US) • Jus sangunis – Law of blood • Complicated • If child is born to American citizens in another country, child is a citizen if conditions met

5. Citizenship by naturalization • Qualifications • Enter US legally • Good moral character • Declare support for principles of US gov’t • Read, write, speak English (unless over 50 & lived here over 20 yrs) • Basic knowledge of American history & gov’t • Steps to citizenship • Over 18 • 5 yrs residency • Character witness • Test • Hearing/oath • Losing citizenship • Expatriation – giving up your own citizenship voluntarily • Punishment for a crime – treason, rebellion, attempt to violently overthrow gov’t • Denaturalization – fraud during naturalization process

6. Responsibilities of citizens • Know about rights & laws • Voting • Other • Campaigns • Interest groups • Letters • Demonstrations

7. III. Rights of the Accused • Searches and Seizures • 4th amendment guarantees right to not have your stuff or person searched unreasonable • Burt no clear definition of reasonable search in Constitution • Probably cause • Police must state under oath what they think they will find & where • Life threatening situation doesn’t require warrant • If police see a crime, can search (even if minor) • Trash outside your house (no reasonable expectation of privacy) • Exclusionary rule – illegally obtained evidence can’t be used in court • Relaxing exclusionary rule – • If police act in “good faith” its ok • If evidence would have eventually been discovered its ok

8. Landmark Cases • California v. Acevedo • Police saw Acevedo leaving a drug house carrying a pkg • Acevedo drove away, police searched car & trunk • Acevedo wanted evidence suppressed • Court ruled police can search car w/o warrant if probable cause • 4th Amendment in Schools • Protections limited to high schools • Drug test for athletes are ok • NJ vs. T.L.O. • School employees doesn’t need probable cause to search • Police might • Electronic eavesdropping • Wiretapping, electronic surveillance considered search • Katz v. US • Gambling in public phone booth • SC said 4th amen. protects ppl, not areas • Prohibits wiretaps w/o warrant

9. Self-Incrimination 5th Amendment • Can’t be forced to testify against yourself • Escobedo v. Illinois – after asking for a lawyer, police continued to question, he made incriminating statements, convicted of murder- SC overturned • Miranda v. Arizona – Miranda convicted of rape and kidnapping based on an ID and his confession – never told he could have a lawyer – SC overturned conviction and said anyone being questioned needed to be told of their rights • Double Jeopardy – 5th Amendment • May not be tried twice for same crime • But some acts involve more than one crime and can be charged separately • Cruel & Unusual Punishment – 8th Amendment • Controversy over death penalty • Furman v. Georgia 1972 – death penalty unconstitutional be/ it was being administered arbitrarily • Not illegal but said states needed to clarify death penalty laws • Other than death penalty, rarely argued in S.C.

10. IV. Equal Protection of the Law • Meaning of Equal Protections • State & local gov’ts can’t draw “unreasonable” distinctions b/w groups of ppl • Lots of disagreement about what’s reasonable • “rational basis test” • Does gov’t have acceptable goal in restriction • If yes, distinction is ok • Suspect classification is classification based on race or ethnicity – scrutinized • Fundamental rights (travel, vote, 1st amen.) strictly scrutinized

11. Proving Intent to Discriminate • Treating ppl unfairly b/c of race, ethnicity, gender, sexual orientation, religion, physical disability • Difficult to prove, SC said “14th amend. Requires equal laws, not equal results” • Jim Crow laws – required racial segregation in schools, hotels, public transport • Plessy v. Ferguson ruled separate but equal ok • Overturned by Brown v. Board • Civil rights mvmt began

12. V – Challenges for Civil Liberties • Affirmative Action • gov’t policies that give preference to women, minorities, physically challenged • To make up for past injustices • Used in universities • Gov’t contracts & promotions • Some call it reverse discrimination • Discrimination against women • Before 1970s, SC said discrimination was to protect women from “bad elements” in society • Reed v Reed said 14th amend. applied to women • Set up reasonable standard & substantial interest standard (some discrimination ok) • Citizens Right to Know • Right to know what gov’t doing • Reason for free press – • Freedom of Information Act – access to public records • Sunshie Act – requires many mtgs (or transcript) to be open to public • Citizen’s Right to Privacy • Griswold v. Connecticut – right to privacy in BOR • Roe v. Wade - right to privacy in personal lives • Internet Issues - • Patriot Act & terrorism