United States Government
Unit 5: The Judicial Branch
CH. 14: CITIZENSHIP & EQUAL JUSTICE
A. Immigrants and Aliens
Immigrants come to a new country intending to live
there permanently; aliens live in a country where
they are not citizens.
Protections provided by the Bill of Rights apply to
aliens as well as citizens.
Aliens cannot vote; most are exempt from military
duty and serving on juries.
B. Immigration Policy
Congress has the power to control immigration and
taken numerous steps since the 1880s the curb
and/or limit the number and origin of immigrants
coming into the United States.
C. Citizenship by Birth
Citizens by the “law of the soil” are born in the U.S.
or its territories.
Children born to a parent who is a U.S. citizen are
also citizens by the “law of blood,” including children
born in another country to American parents.
D. Citizenship by Naturalization
Naturalized citizens have most of the rights and
privileges of native-born citizens.
Congress has established qualifications for
naturalization:
1. Applicants must be of good moral character and
have entered the U.S. legally.
2. Applicants must be able to read, write, and speak
English.
3. Applicants must show basic knowledge of
American history and government and support the
principles of American government.
E. Losing Citizenship
Only the federal government can take away
citizenship.
A person may lose citizenship voluntarily or
involuntarily.
F. The Responsibilities of Citizens
Responsible citizens need to know about the laws
that govern society.
Responsible citizens participate in political life.
G. Searches & Seizures
The Fourth Amendment offers protection from
unreasonable searches and seizures.
Today most police searches are conducted with a
court warrant.
H. Guarantee of Counsel
The Sixth Amendment guarantees a defendant the
right to an attorney.
Federal and state courts generally provides an
attorney for defendants who cannot afford one.
I. Self-Incrimination
The Fifth Amendment protects a person from self-
incrimination and against forced confessions.
The Miranda (1966) decision expanded the
protections of persons arrested as suspects in a
criminal case.
J. Double Jeopardy
The Fifth Amendment protects accused persons from
double jeopardy, or being tried twice for the same
crime.
In the case of a hung jury, a second trial is not double
jeopardy.
K. Cruel & Unusual Punishment
The Eighth Amendment forbids cruel and unusual
punishment.
L. Meaning of Equal Protection
Both the Fourteenth Amendment and the Fifth
Amendment require that all people are entitled to
equal rights and equal protection of the law.