Chapter 14 Flashcards
resident alien (2)
- person from foreign nation
- permanent residence in US
nonresident alien (2)
- person from foreign nation
- staying in US for a short time
enemy alien
person from a nation that is at war with the US
refugees
people fleeing to escape persecution or danger
illegal alien
person who comes into US illegally
aliens’ rights (5)
- freedom of speech
- own a house
- attend public schools
- carry on businesses
- use public facilities
aliens’ obligations (3)
- pay taxes
- obey the law
- be loyal to US government
Johnson Act (2)
- lowered number of immigrants allowed into US to less than 165,000 per year
- favored people from northern and western Europe
Immigration Reform Act of 1965 (5 *in order of importance)
- people whose skills would be advantageous to US
- unmarried adult children of US citizens
- husbands, wives, and unmarried children of permanent residents
- professionals such as doctors and lawyers
- refugees
Immigration Reform and Control Act of 1986 (4)
- aliens who entered the US before Jan, 1, 1982, and have continuously resided in the US can apply for amnesty, or general pardon gov’t offers to illegal aliens
- after 5 yrs in US, can apply for citizenship
- employers can’t hire illegal aliens
- employers must ask applicants for documents to prove that they are either citizens or aliens qualified to work in US
Immigration Act of 1990 (3)
- established a limit from any single country to no more than 7% of the annual visas
- encouraged immigration of workers with “extraordinary abilities”
- established a category for special immigrants
Dred Scott v. Sandford (2)
- free or enslaved blacks that were not citizens when the US Constitution was adopted, then they couldn’t claim citizenship
- Congress can’t forbid slavery in US territories
14th Amendment
everyone born in the US is a citizen
Law of Soil
jus soli, law of the soil, grants US citizenship to anyone born in US or US territories
Law of Blood
jus sanguinus, law of blood, a child born to parents who are citizens, becomes a citizen at birth
Qualifications for Citizenship (5)
- entered US legally
- good moral character
- support principles of American gov’t
- prove they can read, write, and speak English
- have basic knowledge of American history and gov’t
expatriation
giving up one’s citizenship by leaving one’s native country to live in a foreign country
denaturalization
loss of citizenship through fraud or deception during naturalization process
Responsibilities of Citizens (3)
- need to know about rights and laws
- vote
- participating in election process
the exclusionary rule
any illegally obtained evidence can’t be used in court
CA v. Acevedo
Acevedo pleaded guilty but appealed that court’s refusal to exclude the marijuana as evidence
Gideon v. Wainwright (2)
- Gideon, because he was poor, requested a court appointed attorney, but court denied his request
- court overruled Betts decision
Escobedo v. Illinois
ruled the Escobedo’s 5th Amendment right to remain silent and his 6th amendment right o tan attorney had been violated
Miranda v. Arizona
court ruled that the 5th amendment’s protection against self-incrimination requires that suspects be clearly informed of their rights before police question them
double jeopardy
a person can’t be tried for the same crime twice
8th amendment
forbids cruel and unusual punishments
the Rational Basis Test
the court will uphold a state law when the state can show good reason to justify the classification
fundamental rights
rights that go to the heart of American system or are indispensable in a just system
Jim Crow laws
required racial segregation in schools, public transportation and hotels
Plessy v. Ferguson
separate but equal doctrine
Brown v. Board of Education of Topeka
overruled spate but equal doctrine
affirmative action
gov’t policies that directly or indirectly give a preference to minorities, women, or the physically challenged in order to make up for past discrimination
Prohibited actions resulting from Supreme Court decisions that bar distinction based on gender (8)
- no different ages to become legal adults
- no different ages to drink alcohol
- can’t exclude women from juries
- can’t require women to take maternity leave
- girls can’t be kept off Little League teams
- private clubs can’t exclude women
- must pay equal monthly retirement benefits
- can’t bar women from military colleges
Permitted actions resulting from Supreme Court decisions that bar distinction based on gender (4)
- all boy and all girls schools
- give widows a property tax exemption not given to widowers
- prohibits women from working at an all male prison
- hospital can bar fathers from delivery room
Civil Rights Act of 1964
banned job discrimination based on gender
Equal Employment Opportunity Act
prohibited gender discrimination within the job force
Omnibus Education Act of 1972
allowed equal access to sports for boys and girls
Sunshine Act
many gov’t meeting open to the public
4th Amendment
prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause
5th Amendment
no person be required to testify against himself or herself in a criminal case and that no person be subjected to a second trial for an offense for which he or she has been duly tried previously
