who is a citizen? - miami-dade county public schoolssocialsciences.dadeschools.net/files/7th grade...

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

FLREA Copyright 2011

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…

All persons born

Naturalized is the legal process of becoming a

citizen.

Jurisdiction means legal authority.

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.


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”?

Natural Born Citizenship is based on two “laws”:

1.  Place of birth, or “Law of the Soil” 1.  Children born in the United States or

Territories/Possessions

2.  Parents, or “Law of the Blood” 1.  Children born to a parent or parents who

are United States citizens.

S B FLREA Copyright 2011

� 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.

“Law of the Soil”


� Principle in which citizenship is determined by parentage rather than by place of birth.

� US recognizes as citizens children born abroad to American citizens.

“Law of the Blood”


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


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 .


Who is a “Natural Born Citizen”?

Any person born in the United States.


S Where the person is born.


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)



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.

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

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.



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.





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



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)



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.



Just to review: The term “Natural Born Citizen” is

based on two “laws”… 1.  Place of birth, or “Law of the Soil”

1.  Children born in the United States or Territories

2.  Parents, or “Law of the Blood” 1.  Children born to a parent or parents who

are United States citizens.


� 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.

“Law of the Soil”


� Principle in which citizenship is determined by parentage rather than by place of birth.

� US recognizes as citizens children born abroad to American citizens.

“Law of the Blood”


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


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”


The Fourteenth Amendment


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…

All persons born

Who is a “naturalized”

citizen?

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…


To Become a Naturalized Citizen…

1.  Apply to become a permanent resident (resident alien).

1.  You muse be a permanent resident of the United States for 5 years before applying for naturalization/citizenship

2.  Apply to become naturalized. 3.  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.

4.  Take an Oath of Allegiance to the United States.

Click Here to see the Application for Naturalization FLREA Copyright 2011

Naturalized Citizens � Naturalized citizens gain the rights

established in the U.S. Constitution. This is outlined in the rest of the 14th Amendment

� Naturalized citizens can run for the House of Representative and/or the Senate…

…but they cannot run for President.

No State shall make or enforce any law which shall abridge the privileges or immunities of

citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any

person within its jurisdiction the equal protection of the laws.

Article II, Section 1 of the U.S. Constitution

No person except a natural born Citizen, or a Citizen of the United States…shall be

eligible to the Office of President…

Can’t run for

President FLREA Copyright 2011

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.


If you agree with the statement, go:

If you disagree with the statement, go:

Agree

Disagree


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!


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.


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!


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.


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


Attachment B

Attachment C

Attachment D

Defining the term “citizen,” and identifying legal means of becoming a United States citizen

Quiz Civics Benchmark: SS.7.C.2.1

Low Complexity Items (4 items):

1. A person who is not born a U.S. citizen may become a citizen through which process? a. citizenship b. naturalization c. oath of allegiance d. petition

2. Which one of the following must occur for a person to become a

naturalized US citizen? a. be 21 years old b. have continuous residency in the United States for 3 years c. be able to speak and read basic English d. demonstrate knowledge of law

3. A person who has specific rights and obligations within a political unit is

which of the following? a. citizen b. voter c. resident d. civilian

4. Who has the power to make naturalization laws for the United States?

a. the President of the United States b. the state government c. immigration officials d. United States Congress

Moderate Complexity Items (4 items):

5. When a US citizen votes, it reflects which of the following attributes? a. good citizens have skills b. good citizens are informed c. good citizens have positive attitudes d. good citizens perform positive actions

6. What does the original US Constitution fail to do?

a. define the laws of citizens b. define the naturalization process c. define who is a citizen d. define exceptions to US citizens

7. When does a citizenship applicant take the Oath of Allegiance?

a. when the naturalization process begins b. every time the law states c. when steps 1-6 have been completed in the naturalization process d. every time the law changes

8. When a non-US citizen child under the age of 18 is granted automatic

naturalized citizenship because they have a US citizen parent and live in the legal and physical custody of that parent, it is an example of which of the following?

a. the naturalization process b. the citizenship oath of allegiance c. exclusions in the oath of allegiance d. exceptions to the naturalization process

High Complexity Items (7 items: 3 of which are Document Based Questions- DBQ):

9. When naturalized citizens take the oath of allegiance, the phrase “so help

me God” may be excluded if which of the following occurs? a. they substitute the words with a similar phrase b. religious beliefs prevent a person from speaking those words c. they are under the age of 18 d. they solemnly affirm their beliefs

10. Citizenship in the United States was first mentioned in the United States Constitution but never formally defined until 1868 in Section 1 below.

“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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

In which amendment is Section 1, above, found?

a. 14th Amendment b. 13th Amendment c. 12th Amendment d. 15th Amendment

Use the following quote to answer questions 11 and 12.

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed…”

11. The quote above addresses which obligation of United States citizenship?

a. protection of rights of an accused individual b. serving on a jury c. individual right to a trial d. swear allegiance in a trial

12. The quote above, describing an obligation of United States citizenship,

derives from which amendment?

a. Amendment 4 b. Amendment 5 c. Amendment 6 d. Amendment 7

The following is the Oath of Allegiance a citizenship applicant must take. Please use the oath for the next three questions. "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."

13. Which attribute does the Oath of Allegiance most reflects for a citizen to

take? a. loyalty b. respect c. fairness d. rule of law

14. Which clause may be excluded, at times, by citizenship applicants?

a. “that I will bear arms on behalf of the United States when required by

law” b. “that I absolutely and entirely renounce and abjure all allegiance and

fidelity to any foreign price, potentate” c. “that I will bear true faith and allegiance to the same” d. “that I will perform work of national importance under civilian direction

when required by the law”

15. The poster below, which appeared in the United States in 1916, best reflects which statement in the Oath of Allegiance?

Source: Library of Congress

a. “that I will bear true faith and allegiance to the same” b. “that I will bear arms on behalf of the United States when required by the

law” c. “that I will perform noncombatant service in the Armed Forces of the

United States when required by the law” d. “that I will perform work of national importance under civilian direction

when required by the law”

Answer Key: 1. B 2. C 3. A 4. D 5. B 6. C 7. C 8. D 9. B 10. A 11. B 12. C 13. A 14. A 15. C

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