Chapter 16Citizenship

Chapter Preview• Citizen Naturalization Bill of

Rights

• Slander Libel Minor

• Probable Cause Search Warrant

•Writ of Habeas Corpus Due Process

•Grand Jury Indictment

• Bail Self-Incrimination

• Voting Precinct Absentee Ballot

•General Election Political Action Committee

Quotable History

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are

citizens of the state wherein they reside.

14th Amendment, U.S. Constitution

Chapter At A Glance• Any person who is a citizen of the United States is also a citizen of

the state in which he or she lives.

• People become citizens by being born in the U.S. or being born to parents who are American citizens living outside the country.

• For example, a child born to parents serving in the military in Germany would be an American citizen.

• Persons from other countries (known as aliens) can become American citizens through a process called Naturalization.

• To become a naturalized citizen, a person must denounce allegiance to her or his home country, pledge allegiance to the United States, learn to speak English, reside in this country for 5 years, and pass an exam.

• A naturalized citizen has the same rights as anyone born here.

Your RightsCitizens are granted

certain rights through the U.S. Constitution and State

Constitutions

Did You Know:“Insults and abuses of

teachers, principals, or bus drivers during a school

session and in the presence of students are

considered misdemeanors”

The Bill of Rights

The first 10 Amendments to the U.S. Constitution

Bill of Rights• Amendment I

• 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.

• Amendment II

• A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

• Amendment III

• No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Bill of Rights (cont)• Amendment IV

• 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.

• Amendment V

• No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; 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.

Bill of Rights (cont)• Amendment VI

• 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.

• Amendment VII

• 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.

• Amendment VIII

• Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Bill of Rights (cont)

• Amendment IX

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

• Amendment X

• 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.

Responsibilities of

CitizenshipBeing a citizen of the U.S. and of the state of Ms is not a one-way street. Citizens must also meet certain responsibilities such as voting, obeying laws,

serving on juries, paying taxes, staying informed and

getting involved

Quotable History

"In this world nothing can be said to be certain,

except death and taxes."Benjamin Franklin

Citizenship

Voting• Mississippi law requires that a person register to vote.

• The process provides election officials with a list or record of those persons who are legally entitled to vote in an election .

• Mississippi has permanent registration, which means that a person remains registered until he or she moves

• A citizen must register at least 30 days before an election.

• A citizen may register in the circuit clerk’s office, in the county courthouse or, for city residents, in the city clerk’s office. A citizen can also register by mail if it is witnessed by another resident of that county. Citizens also have the option to register through the federal “Motor Voter” law passed in 1993 and enacted in 1995.

• Citizens vote in Voting Precincts - Subdivisions of the county or city for election purposes.

Voting• Each citizen, who meets the requirements of the law, is allowed a

vote.

• People vote by “Secret Ballot”

• Precincts are typically open between 7am-7pm on election day

• In some cases, registered voters can vote by Absentee Ballot - A method that allows registered voters to vote when they are away from home on election day

• Mississippians vote in 2 types of elections:

• Primaries - An election to nominate candidates for office in which all of a political party’s members vote for the candidate of their choice

• General Elections - An election held to determine who will hold a particular office

Voting• Mississippians do not register by party affiliation, so voters can participate

in the party primary of their choice.

• If a candidate receives the majority of the votes, they are the Party’s nominee

• A Run-Off election is held if no one receives a majority of the votes

• The General Election is held to determine who will hold a particular office.

• All candidates nominated in a primary and any other independent candidates who qualify appear on the ballot.

• The candidate who receives the most votes wins.

• Special Elections - To replace elected officials who have died or resigned or been removed from office or to settle a controversial issue

• Example - whether alcohol can be sold in a dry county

Voting• Citizens who do not vote are ignoring one of their

Constitutional rights.

• “Decisions are made by those who show up” Aaron Sorkin

• Those who do not show up in the election process strengthen the value of the voters who do.

• Obeying the law: Laws are rules created by federal, state and local governments to provide order to our society.

• Without laws there would be Anarchy - A state of disorder with the absence of authority.

• Violation of the law can result in the loss of individual rights

Teen Vote Debate

Should Teens be allowed to Vote?

Let’s watch the debate...

So...What do YOU think?

Juries• A major responsibility of citizenship is to serve on Juries when

called upon.

• These people called upon are known as Jurors.

• In Mississippi, Jurors are chosen at random from a selection of registered voters over the age of 21, are literate, and have never been convicted of a felony.

• A person cannot be excluded from jury duty because of race, color, religion, sex, national origin, or economic status.

• Individuals who refuse to appear for jury duty may be fined or imprisoned

• Even though each citizen has a responsibility to serve on a jury, a judge can excuse individuals from jury duty for specific reasons such as having an interest in the case, illness, or an important job that can’t be missed

Juries• In Mississippi, a citizen may be asked to serve on a Trial Jury or a Grand

Jury.

• Grand Jury - Jury convened to decide whether a case should proceed to a trial

• Consists of 15-20 citizens whose sole job is to determine if there is enough evidence to proceed to a trial

• It has been said that District Attorneys could get a Grand Jury to indict a grilled cheese sandwich

• Trial Jury - A group of 12 citizens who decide guilt or innocence of the accused.

• In a criminal case the decision must be unanimous

• In a civil case only 9 must agree

Death and Taxes• The money that governments have to operate on generally comes from

taxes.

• Tax - An amount of money charged citizens by a government to provide services.

• Mississippians have always paid taxes and one of the first acts of the territorial government was to prescribe how taxes would be collected

• Taxes evolve over time

• Citizens have an obligation to pay taxes. Currently, nearly 50% of an individual’s income is paid in taxes.

• As long as citizens demand services from the government, people will pay taxes to fund those services.

• The country has made promises to its citizens to provide services that it currently cannot afford, therefore the government runs deficits, which is borrowed money and is required to be paid by you, citizens not yet working

The Deficit

• The Deficit is how much money the U.S. Government has borrowed to pay for expenses

• It is currently nearly $16 Trillion

• In the next ten years it is expected to climb to over $25 Trillion

• Each of you owe over $47,000 each as of now to pay off money that adults have spent already for government spending.

• It is projected that, that number will double before you turn 30 years of age.

Staying Informed• For a Democratic government to function properly its electorate

must be informed as to the issues at hand

• Citizens stay informed by reading and watching the news, attending meetings of public concern, and talking with other informed citizens

• Staying informed allows citizens to decide for themselves the best possible course of action for the government to take

• This translates into “Public Opinion” which is a driving force in the decisions of politicians

• Public Opinion is influential in driving public policy by politicians as public opinion defines the electability of politicians

• Citizens create Political Action Commitees, private organizations whose members share similar political views who lobby the gov. for specific laws and actions

Special Interest Groups• Political Action Committees (PAC’s) raise and give money to specific

candidates who agree to support their causes.

• PAC’s employ Lobbyists to convince elected officials to vote a specific way on specific issues or to create or illuminate laws that they agree or disagree with.

• Lobbyists received their name because they often hung out in the Lobbies, awaiting the lawmakers to make their case

• Special Interest Groups are incredibly controversial because it is seen as buying votes, pressuring lawmakers to make decisions against the public good in favor of a small group and out-and-out bribery and coercion.

• Some people believe they do more harm than good

• Others believe that they are an expression of the freedoms granted to Americans to freely assemble and petition the government using freedom of speech

Mississippi Teenagers and the Law• In Mississippi the rights and responsibilities of Teenagers vary according to

age and the matter in question

• You are NOT full citizens of the United States

• Persons are considered minors until the age of 21, yet many exceptions are made for those younger.

• All 18 year olds can enter into contracts, get married, sue for divorce, pay child support, etc

• In Ms, an application for a marriage license must be filed to get married and if either is younger than 21, the parents must be notified. A marriage license cannot be issued to a male before the age of 17 or a female before the age of 15 unless a chancellor approves.

• 18 year olds can vote but they are NOT full citizens of the U.S.

• Minors can be prosecuted for crimes as adults but have no voice in government and little if any recourse.

The Juvenile Justice System

• The youth court has jurisdiction over delinquents (children in need of supervision) and neglected or abused children.

• A delinquent child is one between the ages of 10-18 who has committed a delinquent act, any act that if committed by an adult would be a crime.

• A “Child in need of supervision” is between the ages of 7-18 and cannot be controlled or is in constant violation of school or public rules, is a runaway, or commits a delinquent act.

• Youth court proceedings are not open to the public and are heard without a jury.

• Records are kept confidential and may be ordered sealed once a case is dismissed or the youth reaches 20.

Restrictions• Young People do NOT have full citizenship rights and many restrictions apply

• The most identifiable restriction is that people under 21 years old cannot have or buy alcoholic beverages.

• Anyone under 21 years of age convicted of possessing alcoholic beverages may be fined up to $100.

• Using a fake ID to purchase alcoholic beverages is punishable by a fine and jail time.

• Mississippi teenagers can drive at age 16

• When they get a drivers license they give up certain rights to unreasonable search and seizure through the “Implied Consent” ruling of the Supreme Court which gives officers the authority to check for blood alcohol content if stopped legally.

• In Ms, refusing to take a breathalyzer test is an admission of guilt

Drugs• In Mississippi, the law puts drugs into 5 categories

(schedules) based on political determinations by politicians.

• Penalties for the possession, sale, manufacture, potential for sale, paraphernalia to be used to consume controlled substances all can be a crime

• The number of previous drug convictions determines the sentence of the crime

• The United States federal government spends almost $1,800 per second on the war on drugs

• That does not include the arrest, convictions and incarceration of drug offenders

Rights and Responsibilities in School

• Students between the ages of 6-21 have a right to a free public education

• Compulsory attendance laws require Mississippi students to attend school until the age of 17

• While in school, students are supposed to have the same rights guaranteed under the federal and state constitutions, but certain rights are suspended.

• For example: Students have the right to express their opinions in school unless “that expression disrupts the educational process”. Because just about anything can be defined as “disruptive to the educational process”, nearly everything a student does can be considered against the law, including dress, speech, etc.

• Reasonable Suspicion is the litmus test for searching and seizing property.

END Chapter 16Read Chapter 3