Government_ch8_info

=**Citizenship in America Background Information**=

**Basis of Citizenship:**
America is often known as a nation of immigrants. Immigrants are people who come to our nation from another nation. An alien is a person who lives in a country where he/she is not a citizen. There are several types of aliens. A resident alien has permanent residency. A non-resident alien is one who expects to stay for a specific period of time. An enemy alien is from a nation we're at war with. An illegal alien is one who is here without permission having violated U.S. law. Political correctness groups have gotten the word undocumented alien to replace illegal alien so as not to hurt anyone's feelings! Refugees are those fleeing danger or persecution in their native country. The Constitution protects legal residents - they have rights, pay taxes, obey laws, but can't vote. Debates go on about what to do with the millions of illegal aliens.

In terms of America's immigration policy, it has changed over the years. There were restrictions from 1882 to 1924 that barred handicapped, convicts, and paupers. Also, the Chinese Exclusion Act had been passed. Quotas were set up from 1924 to 1965. Reform in 1965 set quotas based on hemispheres. Amnesty, a general pardon for a whole group, was given to illegal aliens in 1986 with the promise that the government would secure the border. However, this promise was never kept and we still have an illegal alien problem. More reforms set percentages for quotas from each nation.

In terms of determining citizenship, the Dred Scott Case of 1857 didn't consider African-Americans (slave or free) citizens. The 14th amendment defines citizenship as anyone born or naturalized in the U.S. Naturalization is the process of how an alien becomes a citizen. An issue today with this amendment is illegal immigrants coming across the border (illegally) and having children in America - those children would be defined as citizens and therefore the parents have a better chance of staying in America since the U.S. won't deport a citizen - the baby, and deporting the parents would mean breaking apart a family. These babies are often referred to as "anchor babies." The 14th amendment set U.S. citizenship based on birth on U.S. soil, naturalization, and being born to a U.S. citizen. To become a citizen, an applicant must show their grasp of English and answer basic questions about American history and civics. Expatriation is when a person gives up his/her citizenship by leaving the U.S. and becoming a citizen of another nation. A person can lose their citizenship rights by being convicted for a crime. Civic responsibility involves being a good citizen such as knowing about rights and laws, participating in the political process and especially voting.

**Equal Protection Under the Law:**
What is meant by equal protection? It means that unreasonable distinctions among groups cannot be drawn. There are times though that such lines can be drawn. The rational basis test says if there is good reason to classify differently, then it's okay, such as hate crimes getting a longer prison sentence due to the crime being committed due to prejudice. Suspect classification is drawing distinctions between groups based solely on race and is illegal. Fundamental rights are at the heart of the American system and are looked at closely by the courts for protection. Fundamental rights are those rights that are deeply rooted in the foundation of American government, such as religion and speech.

Today, discrimination and segregation are illegal. Proving intent to discriminate is tough. Discrimination exists when individuals are treated unfairly because of race, gender, ethnic group, age, physical disability, or religion. In court, there must be proof of intent to discriminate. Segregation is separation of people from the larger social groups. The Jim Crow Laws were laws in the South that allowed segregation from the end of the Civil War through the Civil Rights Movement and had been upheld in the 1896 Supreme Court decision in //Plessy v. Ferguson// saying that segregated African-Americans were "separate but equal." The first ruling against segregation was the case //Brown v. Board of Education//, which ruled that schools had to desegregate. The Civil Rights Movement led by Martin Luther King Jr. pushed to end discrimination and segregation. This movement led to new laws being passed.

Social conditions and technology often create new issues and as our culture changes, so do issues surrounding equality. Affirmative action refers to policies that give preference to women, minorities, or the physically challenged in order to make up for past discrimination caused by society as a whole. Basically, affirmative action policies grant African-Americans and women priority when in comes to college admissions or government jobs since these two groups faced discrimination in history. These policies were challenged in //University of California v. Bakke//, which Alan Bakke was rejected twice for medical school over blacks even though he was more qualified. The Supreme Court ruled that race can't be the sole criteria in hiring or admissions, but can be part of the criteria. Supporters of affirmative action say it makes up for past discrimination, while opponents say it's reverse discrimination in which qualified individuals lose out.

Discrimination against women was the subject of the ruling in //Reed v. Reed//, which forbids classifications based on gender that aren't reasonable. Court rulings bar distinctions based on gender in which states can't set different ages to be legal adults or purchase alcohol, no one can be excluded from juries, girls can't be kept from participating in male sports (if there is no female equivalent), private clubs can't exclude women, and women can't be excluded from military operations due to gender.

Citizens' right to know what the government is doing is essential. The Freedom of Information Act gives citizens access to unclassified records. Sunshine laws require all government meetings (regardless of the level) to be public. Citizens have the right to privacy. Griswold v. Connecticut said privacy is protected in the 1st, 3rd, 4th, 5th, and 9th amendments. Online privacy is an issue today. The Patriot Act allows FBI wiretaps without a warrant to stop terrorism. Some see that as an invasion of privacy, but really only if you're a suspected terrorist.

**Law in America:**
There are various sources of American law. A major principle of American law is the rule of law, which means that no one is above the law. The earliest written laws were based on practice. The Code of Hammurabi was a collection of laws written by Hammurabi, king of Babylonia from 1792-1750 B.C. The Ten Commandments would be the source of law for the Hebrews in Palestine when Moses received them from God on Mount Sinai and are reflected in our laws today ("Thou shalt not steal, Thou shalt not kill...).

In terms of America's heritage, there are four sources of American law. Constitutional law comes from the Constitution, which is the most important and fundamental source of law. Each state also has its own constitution to govern the states. Statutory law is based on statutes, or laws written by legislatures and ordinances, which are laws passed at the local level such as those passed by city councils. Administrative law is authority and procedures that are spelled out by bureaus and agencies and the rules and regulations passed by those agencies. Common law is the most important basis and is also called case law and comes from decisions of judges with disputes based on the idea of fairness.

There are several principles involved with America's legal system. Equal protection under the law refers to the goal of the American court system to treat all people alike. Due process of law is treating everyone the same when applying the law. Another principle is the presumption of innocence, which means the accused person is viewed as innocent until proven guilty.

Civil law deals with disputes among individuals or between individuals and the government. There are several types. Contracts are voluntary promises that are enforceable by law. An offer is a promise that something will or will not happen and agreeing orally or in writing is acceptance. Property law deals with real property, which is land and what is attached or growing on that land, personal property, or movable things, and mortgages, or loans to pay for a house. Family law deals with marriage, divorce, and children. Torts are wrongful acts. An intentional tort is a deliberate act that harms a person or property. Negligence involves careless or reckless behavior.

There are several steps in a civil case. A plaintiff brings charges against the defendant. An injunction forbids the defendant from taking or continuing certain actions. One must hire a lawyer, file a complaint while the defendant receives a summons, which is an official notice of the lawsuit with all information. Then the pretrial discovery takes place in which both sides prepare. There is usually resolution without a trial - 90% of cases are settled out of court with mediation. If not, then their is a trial followed by the verdict. Small claims court is one that hears civil cases that deal with collecting small debts, property damage, landlord-tenant disputes, small business problems, and other small claims.

Criminal law is when the government (usually the state - most laws broken are state laws enforced by local police) charges someone with a crime, which is an act that breaks a law. The criminal justice system includes state and federal courts, judges, lawyers, police, and prisons that all have the responsibility for enforcing criminal law. There are various types of crimes. Petty offenses are minor crimes like parking illegally, littering, disturbing the peace, minor trespassing, and driving violations. Misdemeanors are more serious crimes like vandalism, simple assault, stealing inexpensive items, writing bad checks, or disorderly conduct. With a misdemeanor, a person can be fined or sent to jail (usually one year or less). Felonies are serious crimes like burglary, kidnapping, arson, rape, fraud, forgery, manslaughter, or murder. Felonies are punishable by imprisonment for more than a year.

There are several steps in criminal cases. First there is an investigation and arrest. Then the initial appearance in court by the accused. Then, a preliminary hearing is held and the grand jury, or the group of citizens who review the allegations in order to determine if there is enough evidence for an indictment, or formal charge for the crime. Plea bargaining often happens here when the accused is offered a lesser sentence to plead guilty for a lower crime. Then, the arraignment takes place, which is when the judge reads the charges. Next, the accused enters a plea (not guilty, guilty, guilty by reason of insanity, or no contest). Then, the trial is held followed by the verdict of the jury and ends with sentencing, or punishment.

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