Citizenship and Equal Justice Flashcards
A person who lives in a country where he or she is not a citizen
Alien
Person who comes to a new country intending to live there permanently
Immigrant
US law classifies aliens into _______ different categories
Five
Person from a foreign nation who has established permanent residence in the US
Resident aliens
Person from a foreign country who expects to stay in the US for a short, specified period of time
Non-resident alien
Citizen of a nation with which the US is at war
Enemy alien
People fleeing to escape persecution or danger
Refugees
Person who comes to the US without a legal permit
Illegal alien
What are the things aliens cannot do?
Vote, participate in the military, are not guaranteed the right to travel the US freely
Aliens are required to notify the _______________________ when they change their residence
US Citizenship and Immigration Services
The protection that the _________________ guarantees also applies to aliens as well as citizens
Bill of Rights
What state cannot deny free public education to children of illegal aliens?
Texas
Restricted the admission of Chinese laborers
Chinese Exclusion Act
The constitution clearly assigns ___________ the power to control immigration policy
Congress
Gave countries such as England and Ireland high quotas until 1965
National Origin System
In 1965 the law set up __ categories of immigrants; ______________ and __________________
2; Eastern Hemisphere and Western Hemisphere
Provided a way for illegal immigrants to become residents and citizens, as well as punishment for employers who hire illegal immigrants
Immigration Reform and Control Act of 1986
A general pardon the govt offers to illegal aliens
Amnesty
By 1990, 85% of US immigrants were coming from ________ and __________________
Asia and Latin America
Latin for law of the soil?
Jus soli
Latin for law of the blood?
Jus sanguinis
Name the requirements for an alien to become a US citizen
pass a citizenship test, learn english, display special skills, be of good moral character
What supreme court case challenged the basis of state citizenship?
Scott v. Sanford
What amendment overruled the case of Scott v. Sanford?
14th
What are the basic sources of US citizenship?
Birth in the US, Naturalization, Birth to at least one US citizen
Aliens who have become naturalized are not eligible to become __________ or ______________
President; vice president
Administers most of the key steps to becoming a US citizen
US Citizenship and Immigration Services
What requirements must immigrants meet in order to become citizens?
Applicants must have entered the United States legally,
They must be of good moral character; They must declare their support of the principles of American government; They must prove they can read, write, and speak English (Applicants older than 50 and have lived in the US for 20 years are exempt from this requirement); They must show some basic knowledge of American history and government; Draft evaders, military deserters, polygamists, anarchists, Communists, or followers of any other totalitarian system will be denied membership
In 1868 Congress decided that the citizenship guarantees of the 14th amendment would not apply to __________________
Native Americans
Process by which members of a whole group of people living in the same geographic area become American citizens through an act of Congress
Collective Naturalization
Giving up one’s citizenship by leaving one’s native country for a foreign country
Expatriation
What are the three ways citizenship can be lost?
Through expatriation, being convicted of certain crimes, through denaturalization
The loss of citizenship through fraud or deception during the naturalization process
Denaturalization
An act against the law of a state
Crime
Guarantees “the right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures
4th amendment
What is the major problem facing democratic political systems?
Crimes and criminals
A major crime
Felony
Official document issued by the court which allows police to proceed in a search deemed necessary by probable cause
Warrant
states that any illegally obtained evidence cannot be used in federal court
Exclusionary rule
What court case established the exclusionary rule?
Weeks v. United States
What supreme court case ruled that evidence obtained in violation of a defendant’s rights can be used at trial?
Nix v. Williams
Fourth amendment protections may be limited in __________________
High schools
In which case did the supreme court rule that school officials do not need warrants or probable cause to search students or their property?
New Jersey v. TLO
Rule that states that evidence obtained by illegal means can be used in court if the prosecutor can prove that the evidence would be obtained eventually by legal means
Inevitable discovery
In which case did the Court rule that as long as the police act in good faith when they request a warrant, the evidence they collect may be used in court even if the warrant is defective
United States v. Leon
In what case did the supreme court uphold drug tests for student athletes?
Vernonia School District 47J v. Acton
What supreme court case extended 4th amendment protections by prohibiting wiretapping without a warrant?
Katz v. United States
Act which required federal, state, and local authorities to obtain a court order for most wiretaps
Crime Control and Safe Streets Act
Act requiring a court order even for wiretapping and bugging in national security cases
Foreign Intelligence Surveillance Act
Guarantees the right to have the assistance of counsel for defense”
6th amendment
First supreme court case dealing with the right to counsel
Powell v. Alabama
States that no one “shall be compelled in any criminal case to be a witness against himself”
5th Amendment
When does the accused have a right to an attorney at the public’s expense from the time of arrest through the appeals process?
Whenever a jail sentence of 6 months or more is possible punishment
What case overruled the decision of Betts v. Brady?
Gideon v. Wainwright
What case held that states didn’t have to provide a lawyer in cases not involving the death penalty?
Betts v. Brady
Protects defendants against confessions to extort by force or violence
5th amendment
A _________ or other incriminating statements an accused person makes when he or she is denied access to a lawyer may not be used in a trial
Confession
What case ruled that a suspect’s rights must be clearly stated to the accused before they are taken into custody and questioned?
Miranda v. Arizona
In what case did the court rule that under adequate guidelines, the death penalty does not constitute cruel and unusual punishment?
Gregg v. Georgia
What amendment forbids “cruel and unusual punishments”?
8th amendment
What amendment states that no person shall be “twice put in jeopardy of life and limb”?
5th amendment
Policies developed to remedy past discrimination
Affirmative action
The practice of favoring individuals belonging to groups known to have been discriminated against previously
Reverse discrimination
Which court case ruled that colleges and universities could not use a quota system, although they could consider race in admissions
Regents of the University of California v. Bakke
Made it where the state of california was barred from favoring applicants based on race, gender, ethnicity, or national origin
Proposition 209
What court case ruled that any law that automatically preferred a father over a mother as executor of a son’s estate violated the 14th amendment?
Reed v. Reed
What act banned job discrimination based on gender?
Civil Rights Act of 1964
What strengthened earlier acts on discrimination in hiring and firing, promotion, pay, and other employment actions?
Equal Employment Opportunity Act
Who was the first Asian American woman elected to Congress and the primary sponsor of Title IX?
Patsy Mink
Stated: “Equality of Rights under the law shall not be denied or abridged by the US or by any state based on sex.”
Equal Rights Amendment
