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 native-born citizens

• Qualifications– 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