Citizenship: Rights and Responsibilities

Citizenship:Rights and Responsibilities

What is citizenship? • Definition- to be a member of a nation or country, and to have full rights and responsibilities under the law • Three ways of becoming a citizen: • Law of the Soil- any person born on American soil (either the mainland US or one of it’s territories) automatically becomes a citizen • Law of Blood- any person born outside the US to parents who are American citizens automatically become a citizen at birth • Naturalization

Naturalization To be naturalized, you must • Be over 18 years old • Have been a permanent resident of the US for 5 years • Have good character • Speak English • Pass a civics test and interview • Final step- take an Oath of Allegiance swearing loyalty to the US and the Constitution

Oath of Allegiance "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.”

Rights of Citizens • Individual rights are things every person has a claim or privilege to have for themselves • The Founding Fathers created the Bill of Rights to protect all American citizens

1st Amendment • “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” • 5 Rights mentioned: • Freedom of Speech • Freedom of Religion • Freedom of the Press • Freedom of Assembly • Right to petition the government

Free Speech- the individual Can: • Say any political belief • Protest (without getting out of control) • Say things about someone that are true • Burn the flag • Say racist and hate slogans • Say things that someone might disagree with (and disagree with things other people say) Cannot • Threaten to blow up airplanes, schools, or the president • Sexual harassment • Create too much social chaos • Extremely crude language in a public forum • Disrespectful, vulgar language in schools • Hate crimes

Freedom of Religion • “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof” • Two clauses: • Establishment clause • Free exercise clause • In schools, the religion issue is most prevalent • If a student raises his/her hand and says, “Ms. Frantel, can we say an opening prayer before this test?” • If I say yes, it looks like establishment of religion • If I say no, its denying a student free exercise

Establishment Clause- Government Can: • Teach about religions in school • Allow voluntary prayer in many instances • Transport students to a religious school Cannot: • Set a state religion • Order a prayer be said • Teach religious doctrine in the school • Pay seminary teachers • Teach creationism • Favor religious over secular (or vice versa)

Free Exercise clause- the individual Can • Choose whatever religion they want • Lead a prayer in most examples • Ask questions about religions • Worship whoever you want Cannot • Break the law and claim it is a religious belief • Raise children without education • Deprave children of basic needs

Freedom of the press- the press Can • Print any political position • Make fun of people, especially politicians • Expose wrongs by the government • Say things you might not agree with Cannot • Libel- intentionally injuring a person’s reputation by false facts • Disclose defense/security secrets • Detail how to make certain weapons

Freedom of the Press in today’s world • The federal government cannot stop the press from publication of material, even if it will divulge state secrets, or endanger national security. • The federal government cannot make a reporter divulge his/her source. • Reporters cannot spread false facts that could damage a person’s reputation – given proper evidence. • Great debate rages over whether freedom of press should be extended to “bloggers.”

Freedom of Assembly- the individual Can • Protest peacefully • Parade (with a permit) • Parade chanting hate slogans • Gang members can congregate in public Cannot • Protest by throwing rocks and breaking windows • Hang out on private land against owners’ will- loitering • Teen curfew

Freedom of Petition • Allows individuals to express their opinions/viewpoints to the government and sue the government for wrongs • Usually, the American people rely on elected officials to address the federal government—this right is important if the representatives aren’t doing a good job.

2nd Amendment- Right to bear arms • “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

The debate with the right to bear arms • How much can the government keep guns from criminals and youth? • In order to keep guns away from criminals, does that limit the right of law abiding citizens? • Thousands of people die every year because of guns • Thousands of crimes are prevented because of guns

3rd Amendment- Quartering Act • The government cannot force you to shelter soldiers in your home without your consent in time of war or peace. • Stems from the Revolutionary War and the British soldiers forcing their way into peoples’ homes

Amendments 4-8 • Amendments 4-8 all deal with rights of the accused • These are important to preserving freedom—why?

4th Amendment- Unreasonable Search & Seizure • “The right of the people to be secure in their persons, houses, papers, and effects,against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” • What does a policeman need in order to search your home? • Awarrant given to him by a judge • Probable cause to search • Any evidence found by an illegal search cannot be used in court (fruit of the poisonous tree)

5th Amendment- Protection against self-incrimination • “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, ... nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation” • Protection against self-incrimination—part of Miranda Rights • “I plead the fifth”- A defendant cannot be forced to testify at his own trial, but if he testifies and chooses to plead the fifth, inferences can be drawn about his refusal to answer • “Double Jeopardy”- no one can be tried for the same crime twice • Due Process- proper administration of justice must take place • Eminent Domain- The government cannot take your land unless it pays.

6th Amendment- criminal procedings • “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 wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence” • Right to a speedy trial and an impartial jury • Right to see evidence and witnesses • Miranda Rights- you must be told of the charges against you, and you must be provided a lawyer if you can’t afford one

7th Amendment- civil cases • “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law” • You have the right to a jury trial in civil cases

8th Amendment- cruel and unusual punishment • “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” • Bail cannot be set too high • But how high is too high? • No cruel and unusual (torture) punishment

9th Amendment • “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” • Just because a certain right isn’t specifically written in the Constitution doesn’t mean that it doesn’t exist (way of closing loopholes)

10th Amendment- Reserved Powers • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” • Expresses the principle of federalism- federal gov’t only has the powers delegated to it in the Constitution—the rest are reserved for the states or the people

Duties of Citizens Things we are required to do • Obeying the laws • Federal, state, and local • Paying taxes • Defending the nation • Selective service/conscription • Serving in court • As a witness or on a jury • Attending school

Responsibilities of Citizens Things we should do on a voluntary basis to be a good citizen • Jury Duty • Vote • Federal, state, and local elections • Stay informed of the issues affecting your country/community • Participate in/influence government • Express opinions to elected officials- call, write, etc • Hold office • Respect the rights of others • Work toward a common good

Jury Duty • In order to ensure every citizen has a jury available when needed, all citizens are required to report for jury duty when they receive a summons. Potential jurors are randomly selected from lists of state driver’s license holders, tax filings, unemployment recipients and volunteers. If you receive a summons it is mandatory for you to report. • Once you get a jury summons you may have some options to avoid going. If it is your first summons, you can ask for a deferment of your obligation. If you have already deferred once, you must report. There are very few excuses that will get you out of jury duty. These excuses include: • Financial hardship • Student status • Related to or work in the criminal justice system (for criminal cases)

Jury Duty Protections • There are few legal reasons to not follow through with a Jury Duty Summons, even if you are employed and working. In order to ensure citizens can partake in Jury Duty there are several protections: • Employers are required to allow their workers to report for Jury Duty without any punishments. • Jurors are paid $40 a day for their service (in NYS) by either the state or their employer • Handicap services and accommodations are made when necessary. • You are allowed to postpone Jury Duty once • Skipping Jury duty can result in civil and criminal charges. Plus, you do not get out of Jury duty. You will be re-assigned to a new date for future court cases

Sequestering • In some cases, especially Federal trials, Jurors must be sequestered. This means jurors will be kept protected and out of public for the duration of the trial. During this time jurors are provided with all meals, housing and transportation. While Jurors can contact home, they are not allowed to discuss the case or outside news at all. Communication is heavily monitored. • One of the worst Jury Sequestrations of all was the OJ Simpson case, when 24 men and women were sequestered for 265 days, Over the course of the case 10 jurors were dismissed including one who had a complete breakdown.

Voting Voting requirements • Be a US Citizen • Be 18 years old (26th Amendment) • Register to vote • Be a resident of a state (usually for at least 30 days) People who can’t vote • People in mental institutions • People convicted of serious crimes • Prisoners can’t vote (except in Maine and Vermont) • In NY, felony disenfranchisement ends after parole is completed • Anyone dishonorably discharged from the armed forces

Voting Rights Amendments • There are several Constitutional Amendments that deal with voting rights: • 15th – 1869 males of all races can vote • 19th – 1919 Women can vote • 23rd – 1961 limited voting rights to Washington DC residents • 24th – 1964 banned poll taxes and literacy tests • 26th – 1971 lowered the voting age to 18

Why should you vote? • Need to participate in issues of great importance • By voting, people can make sure that their opinion is shared with community leaders • Decide how their cities, counties, states and the country should be governed and by whom.

Voter turnout significantly decreases in off-year elections, congressional elections held in years when there is no presidential election. • http://www.electproject.org/

Citizenship: Rights and Responsibilities