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Unit 6 Class Teaching

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Avery Collins

on 11 March 2015

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Transcript of Unit 6 Class Teaching

WHAT CHALLENGES MIGHT FACE AMERICAN CONSTITUTIONAL DEMOCRACY IN THE TWENTY-FIRST CENTURY?
How have American political ideas and the American constitutional system influenced other nations?
Unit 6
Avery, Victoria, Freddie, Tommy
UNIT 6
How have civil rights movements resulted in fundamental political and social change in the US?
What does it mean to be a citizen?
What is the importance of civic engagement to American constitutional democracy?
De jure segregation -
separation required by law
De facto segregation -
separation caused by individuals or groups
Non white citizens were treated as second-class citizens
De jure
segregation was a part of everyday life in the mid-1900's
National government deferred the matter of race to the state government
Why should we care about fundamental principles?
What key challenges does the United States face in the future?
What are the challenges of the participation of the United States in World Affairs?
How Americans Have Thought of Citizenship
Citizenship
: the rights and responsibilities of people who owe allegiance to a particular government and are entitled to that government's protection
The Founders admiration for civic virtue and public spiritedness remained important because American's strength would be found in it's citizens
They counted on citizen's whose civic virtue and self-interest coexisted (Tocqueville principles)
Religion and education promoted this
Religion promoted moral integrity and civic virtue
Schools prepared Americans to work in the country's growing economy and exercise their citizenship
How Citizenship Changed in the U.S.
After the Revolution each of the 13 states was in independent, sovereign political community
Americans were bound more to their states than to the Union
"My Country" = their particular states
Definition of national citizenship was not agreed upon at the adoption of the constitution
In 1787 the definition of national citizenship depended on state definitions
It took a civil war and constitutional amendment to define citizenship
14 Amendment
Principle of
jus soli
: "law of the soil" or "right of birthplace." Any child born in the U.S. is a citizen
Tension between national unity and state sovereignty remains today
E pluribus unum
: Out of Many, One. Our nation's motto expresses finding a degree of unity
within
diversity
Naturalization in the U.S.
Naturalization
: the legal process by which a foreign citizen becomes a citizen of the U.S.
It is tied to immigration policy because only those lawfully admitted to the U.S. can become citizens
Congress has the power to establish uniform rules for naturalization
The Immigration and Naturalization Service administers naturalization laws
To Qualify for Naturalization:
At least 18 years old
Lawfully admitted to the U.S. for permanent residence
Have resided in the U.S. for at least 5 years
Able to read/write/speak/understand the English language
Of good moral character
Commitment to the principals of the Constitution
Take the Oath of Allegiance
Evolution of Native American Citizenship
Native American tribes were self-governing communities long before Europeans arrived in the U.S.
Article 1 gives Congress the power to regulate commerce "with the Indian tribes"
This suggests that the Founders felt tribes were separate, sovereign nations
In 1831 the Supreme Court defined Native American tribes as "domestic dependent nations" (Cherokee Nation v. Georgia)
In 1924 Congress passed the Indian Citizenship Act
Native American citizens of the U.S. and of the states in which they reside
Many were excluded from voting by state laws
Indian Civil Rights Act of 1968
Protected the "sovereignty of each tribal government"
Native Americans are members if their tribe, citizens of the U.S. and the state in which they reside
Dual National Citizenship
Dual national citizenship
: being a citizen of two or more countries
The U.S. recognizes those born within its boundaries as citizens and children born abroad to American citizens also as citizens
Jus sanguinis
: "law of the blood" which citizenship is determined by parentage
Current citizenship and immigration laws do not specifically address dual national citizenship
United States Citizenship May Be Lost
8th Amendment prohibits cruel and unusual punishment
Natural-born citizens cannot be stripped of their citizenship
Taking away citizenship is a "form of punishment more primitive than torture..." (Trop v. Dulles)
Giving up U.S. citizenship is a "natural and inherent right of people."
A person who gives up U.S. citizenship cannot get it back
Denaturalization
: having ones citizenship revoked
Most common ground for this is fraud, or willful misrepresentation when applying for citizenship
Rights of Citizens and Permanent Residents
Citizens and Permanent residents who have been lawfully admitted to the U.S. can:
Work anywhere in the country
Qualify for Social Security, Supplemental Security Income, Medicare benefits
Own property
Qualify for state driver's licenses
Attend public schools ad colleges
Join the armed forces
Purchase and own a firearm
The guarantees in the 14th amendment/Bill of Rights apply to all persons, not just citizens
Being a citizen did not always mean that one was allowed to vote
Many states prohibit citizens who have been convicted of felony crimes from voting
Aliens
: people who are not citizens, are not allowed to vote
Many argue that
resident aliens
are affected by public policies and should have a say in how they are governed
Others argue that if they wish to vote then becoming American citizens allows them this
Responsibilities of Citizens and Resident Aliens
It is their duty to obey the laws and pay taxes
Men must register with the Selective Service when they turn 18 years old
Casting informed ballots in elections
Serve on juries
This constitutional right depends on the willingness of citizens to serve as jurors
collective security
- the collective force of all members was to come to the aid of any member that was attacked
United Nations
was founded with the assumption that the five permanent members of the Security Council would come together in the face of threats to international order
maintain peace through collective security
promote friendly relations among nations and international cooperation in solving problems
resolve international disputes peacefully
encourage respect for human rights and fundamental freedoms for everyone
The Constitution provides for the United States' role in the world.
Congress has the power to...
ratify treaties
regulate commerce among foreign nations and with Indian tribes
declare war, issue letters of marque and reprisal, and make rules for captures on land and water
raise and support armies, provide and maintain a navy, and regulate land and naval forces
define and punish piracies and felonies on the high seas and offenses against the law of nations
The President has the power to...
negotiate treaties
act as a commander in chief of the army and the navy
appoint ambassadors, other public ministers, and consuls
receive ambassadors and other public ministers
The Supreme Court has the power to...
exercise original jurisdiction over cases affecting ambassadors, other public ministers, and consuls
exercise appellate jurisdiction over admiralty and maritime cases
International Law
- the body of rules of conduct accepted as legally binding by countries in their relations with each other whose purpose is to create and maintain international order
ex.
international conventions & treaties and international customs

Reflects 4 overarching goals:
respect for human rights
no use of force or threat of force
equality of sovereign nation-states
noninterference in the affairs of other nations
*
depends on the willingness of nations to obey it
*
International Law




globalization
- the global economy and the effects of worldwide economic interdependence on cultures, social relations, and politics

Trade and Commerce
multinational corporations- enterprises that manage production or deliver services in two or more countries
Worker Migration
people move from one country to another seeking better jobs
industrialized nations are outsourcing jobs
Capital
creditor nations make loans to debtor nations
Information
technology has the greatest effect on globalization
instant access to information for making decisions

Elements of American Constitutionalism [that have influenced other countries]
Presidential Government
Federalism
Judicial Power and Human Rights
International Organizations help maintain International Order




Since the founding period, involvement with other countries is an inescapable part of American life:
When the US declared independence from Great Britain, it needed help to win the Revolutionary War. France wanted to avenge its loss in the Seven Years' War to Great Britain, so it lent its support to the American cause. In exchange, the US agreed to help France defend its West Indian Islands if they were ever attacked.
Later, the US did not endorse the radical French Revolution so when France and Great Britain went to war, Americans were divided about what side to take.
At the same time, the US's relationship with Spain deteriorated as Spain sought to take Tennessee and Kentucky from the US, and refused to allow American ships to pass through New Orleans.






International Engagement is Inevitable
*
World trade and the need for certain scarce natural resources have kept the United States actively involved with the rest of the world
*

isolationism
- a policy of non involvement with the world
Other International Organizations
- League of Nations, North Atlantic Treaty Organization, International Monetary Fund, the World Trade Organization, the World Bank
Globalization
Universal Declaration of Human Rights
Other Guarantees of Rights
contemporary charters of human rights reflect changes that have occurred in government and society during the past 200 years
ex.
2000 Charter of Fundamental Rights of the European Union and 1981 African Charter of Human and Peoples; Rights
protect rights such as freedom of religion, thought, and conscience
and
the right to health care, education, equal pay for equal work, and fair and just working conditions
The Universal Declaration and the United Nations charter proclaims universal standards of human rights considered to be essential to the dignity of every person
provisions that echo the US Declaration of Independence
right to life and liberty
provisions that strengthens or elaborate American rights
freedom of religion & the right to change one's religions or beliefs
provisions that are "aspirational goals"
right to work, join trade unions, and receive equal pay for equal work
right to rest and leisure, including reasonable work hours and periodic pay holidays
right to a standard of living adequate for health and well-being of families and individuals, including food, housing, medical care, and necessary social services
right to an education
right to seek, receive, and impart information and ideas through any media, regardless of frontiers
separation of executive and legislative branch
separation of power with checks and balances
Latin America, Brazil, France
Argentina, Australia, Austria, Belgium, Brazil, Canada, Germany, India, Switzerland
provides powerful support for maintaining limited constitutional government by dispersing power
protects both the state governments and the individuals from abuse of power by the central government
basic human rights- rights held by individuals simply because they are human beings
judicial review as an enforcement mechanism
About 3/4 of all countries recognize some form of judicial review--- About 50 countries follow the American model of judicial review
Civic Participation
- where the American population participates in their government
Very powerful as it directly affects the society that they live in
Attaches individuals to their communities and helps them become informed voters
Voluntary Associations
Voluntary Association
- an unpaid group that solves community problems
Religious Organizations - addresses spiritual needs
Social Organizations - groups that help form communication within communities
Service and Business Organizations - help with business organizations within the community
Nongovernmental Organizations
- classified by their focus (disaster relief, economic development, environmental protection, etc.)
The Predictions
Participation in Local & State Governments
400 Million+
Ethnic Diversity
Medical Advances
Growth of the South and West
Cost of Living
Communication
Diversity Challenges
Out of Many, One
Language
Wealth
Religion
Race
Tocqueville believed that forming smaller governments would teach Americans the extents of their Rights
Local Governments - touches the lives of every American, depends on the citizens taking an active
State Governments - voters must make informed decisions about who should be governor, state executive, etc.
How to Increase Voter Turnout
Customs
Technology in America's Civic Life
Politics & Government
Reaching
Voters (Changing Views)
Involving
Voters (Polls / Abstentee)
Hearings, Debates & Judicial Proceedings
Is misinformation better than no information?
Voter Registration -
list of qualified voters kept by state and local election officials
National Voter Registration Act - 1993 Act that establishes uniform standards
Absentee ballots are becoming more and more prevalent on Election Day
Some argue Election Day should be a national holiday
Other arguments say polling stations should be open 24 hours
Why is Participation Good?
Civil Disclosure and its Ability to Address Challenges
Civil Disclosure
: Exchange of ideas in pursuit of a solution
Federal, State, & Local must cooperate
Partisanship
*

Includes Personal Benefits
Creates awareness in the community
Provides others to have a voice in their community
Constitutional Convention of 1787
Opportunity to speak
No personal attacks or interruptions
Undivided attention
*
Stubbornness
What do Americans Disagree on?
(Everything)
Constitutional Changes:
Life & Death- Rights to Birth and Death
Term Limits- Presidential [22nd] Congress & Supreme Court?
Property-
Eminent Domain
for greater good?
Campaign Finance- Limits?
Immigration- Who is really a citizen?
The United States was founded on the basic idea that it must serve who it represents:
T
H
E

P
E
O
P
L
E
They give reason to what
W
E

work for everyday as one nation.
What does the returning to fundamental principles mean?
"If a nation means its systems, religious or political, shall have duration, it ought to recognize the leading principles of them in the front page of every family book.

What is the usefulness of a truth in theory, unless it exists constantly in the minds of the people."
Richard Henry Lee,
Anti-Federalist Federal Farmer 1788
Origins of Civil Rights Movements
African Americans first began their movement by creating nonviolent organizations against the KKK
Civil Rights
- the rights of citizens to social freedom and equality
Civil Disobedience
- open violation of unjust laws together with a willingness to accept consequences of violating those laws
Civil Right campaigns were known to petition government leaders and promote lunch counter sit-ins
Included many famous protesters such as Rosa Parks and MLK
What is the Civil Rights Act?
Created in 1963 after Birmingham, AL, hose incident
Outlaws discrimination in public accommodations
Ends school desegregation
Prohibits job discrimination
Authorizes lawsuits against states that discriminate against minorities
What is the Voting Rights Act?
Passed in 1965 after Montgomery protest march
Prohibits discrimination based on race
Eliminates obstacles for voting
Requires voting material in secondary language if needed
States with history of discrimination will be monitored
How Civil Rights Has Changed America
Since Civil Rights Act passage, organizations have been focusing on other issues
Other groups have also benefited from passage
Full transcript