January Notes

United States Citizenship

*The United States of America has a population that is close to 300 million people. The vast majority of these people are citizens of the US.

-Citizen: A citizen is a person who has all the rights, privileges, and responsibilities that a government of a political area grants or imposes on them.

*There are 3 ways in which a person can become a citizen of the United States:

-Jus Soli: This is a Latin phrase that means law of the soil. A person who is a citizen based on Jus Soli is a citizen because he or she is born in the US or in any territory of the United States. This definition of citizenship is outlined in the 14th Amendment. The only exception to this rule is a person who is born in the United States to parents who are in the US on official business of a foreign government.

-Jus Sanguinis: This is a Latin phrase that means law of blood. A person who is a citizen based on Jus Sanguinis is a citizen because one or both of their parents are citizens of the United States. This makes it possible for a person who is not born in the United States to be a natural born American citizen.

-Naturalization: A person living in the US who is not a citizen through native birth or through blood can go through a process called naturalization to gain American citizenship. There are 5 qualifications an immigrant must meet to gain citizenship. These 5 qualifications are as follows:

-Person must have entered the US legally. (There are however exceptions to this rule.)

- Person must be of good moral character.

- Person must declare their support of the principles of American government.

- Person must be able to prove they can read, write, and speak English. (Applicants over 50 years old who have lived in the US for over 20 years are exempt from this rule.)

- Person must have basic knowledge of American history and American government.

*Many immigrants meet the qualifications for citizenship; they must however go through a few formal steps in order to become a citizen. The steps they must go through are as follows:
-Person must file a petition requesting citizenship.

-Person must be at least 18 years old. (A non-citizen under 18 can only become a citizen if at least one of their parents becomes a naturalized citizen.)

-Person must live in the United States for at least 5 continuous years before filing the petition for citizenship unless he or she is married to a US citizen, in that case the person must live in the US for at least 3 continuous years.

-Person must go through a formal hearing conducted by Immigration and Naturalization Services in which they are questioned about their past, and about their moral character. They must also present 2 witnesses to testify on their behalf.

-Person must pass a test in which they can demonstrate a basic knowledge of American History, and American Government.

-Person must go to another hearing in which a federal judge administers the American oath of allegiance, the person must also formally denounce allegiance to any other government. After this oath is administered the person becomes a naturalized citizen of the United States of America.
-Naturalized citizens have all the same rights, privileges, and responsibilities of natural born citizens. There is only one exception to this rule: Naturalized citizens may not serve as President or Vice-President of the United States.


Losing One’s Citizenship & Aliens

*There are three ways in which people become citizens of the United States; Jus Soli, Jus Sanguinis, and through the Naturalization process. There are also three ways in which a person can lose citizenship; they are as follows:

-Expatriation: Giving up one’s citizenship by leaving one’s native country to live in another country. Expatriation can be voluntary or involuntary. If one chooses, he or she can denounce his or her American citizenship voluntarily while living in another country. Citizenship may be lost involuntarily as well; an example of this would occur if a person became a naturalized citizen of another country, they would automatically lose their American citizenship.

-Punishment For a Crime: Citizenship can be taken away as a punishment for certain federal crimes that involve extreme disloyalty to the United States, participation in a rebellion against the United States, attempts to overthrow the government, and treason.

-Denaturalization: Naturalized citizens can lose their citizenship if the government finds out that they completed any part of the naturalization process through fraud or deception. Naturalized citizens can also lose citizenship if the government finds out that they join any radical organization that promotes anti-Americanism, or anti-democratic principles within 5 years of becoming naturalized.

Immigration
America has always been a nation of immigrants. Most of us can trace our ancestry back to people who came here from somewhere else. Immigrants continue to come to America to this day.


*Alien: A person who lives in a country where he or she is not a citizen. In America there are 5 types of aliens; they are as follows:

-Resident Alien: A person from another country who lives in America permanently and is not a citizen. Resident aliens may live in the United States for as long as they wish. They are also entitled to work anywhere that might hire them. People who are resident aliens get an identification document commonly referred to as a Green Card that documents their legal status in America.

-Non-Resident Alien: A person from another country who is here for only a temporary period of time. Non-resident aliens are not immigrants. They are usually in this country for educational purposes, short work assignments, or for vacation.

-Enemy Alien: An alien who is a citizen of a country in which the United States is at war. Enemy aliens can be resident aliens, non-resident aliens, or refugees. The government often keeps close tabs on those it deems enemy aliens.

-Refugee: A person from another country who is here seeking protection from persecution in their homeland based on racial, religious, or political grounds. The government sometimes also gives refugee status to people who are fleeing severe economic hardship or starvation in their homelands.

-Illegal Alien: A person from another country who enters the United States without a legal permit. Currently there are well over 3 million illegal aliens living and working in the United States.


Rights & Responsibilities of American Citizens

*American citizens are guaranteed certain rights; these rights are outlined for us in the Constitution of the United States. Our most important rights are listed in the Bill of Rights. The 14th Amendment defines what citizenship is and stands as one of the most important amendments. We as American citizens enjoy and cherish our rights; however we must realize that citizenship also comes with responsibilities. The responsibilities we have as citizens are as follows:

-Knowing about rights and laws: In order to fully enjoy the free 1society in which we live, we must be aware of the basic laws of our community, state, and country. We must also be aware of the rights that are in place to protect us. The ability to exercise one’s rights depends on an awareness of those rights

-Participation: It is important for Americans to take full advantage of the freedom and right we have to participate in our government. There are many ways in which we can participate.

-Voting: The easiest and most common way in which we can participate in our government is to vote in elections.

-Speaking Out: Exercising our freedom to express our opinions is an essential duty. We can do this by writing letters to our local, state, and federal governments, by writing letters to newspaper editorial pages, by distributing political literature, by simply talking to our friends, colleagues, acquaintances, and family members about politics. Some people even choose to exercise this right by standing on soapboxes on a crowded city streets screaming out their opinions through megaphones.

-Joining Political Organizations: Many people join and become active in political organizations. These organizations range from political parties to special interest groups. Some people even form their own political organizations.

-Running for Political Office: Some people who are highly involved in participation in government run for elected office.
Political Parties in America
*A political party is a group of people with broad common interests who organize to win elections, control government, and influence government policies. Different nations have different types of political party systems. There are 3 types of political party systems in the world today:

-One-Party System: In a one-party system the government is in effect the only political party. Many nations with communist or totalitarian governments have one-party systems; examples are China, Cuba, Saudi Arabia, and North Korea. In some nations the national religion is in effect the only political party; these countries have what is called a theocracy, examples are Iran, Afghanistan under the Taliban, and Vatican City.

-Multiparty System: In many nations people are free to openly believe in whatever they choose, in some of these nations the citizens organize many political parties that try to win elections. Most multiparty systems exist in Europe and feature a Parliamentary type of government. Examples of nations with multiparty systems are France, which has 5 major political parties; and Italy, which has 10 major political parties.

-Two-Party System: In some nations there are only two major political parties that completely dominate the political landscape. Other, so called, third parties are allowed to exist in nations with two party systems, however they have very little true political power and very little influence over the government. The best example of a nation with a two-party system in the world today is the United States of America.


Third Parties in America

*Although a strong two party system exists in the United States it is possible for minor parties to emerge. These minor parties are called third parties. There are many third parties in existence in America today. In addition to the Democrats and Republicans there are more than 50 other minor political parties currently in existence.

-Third parties exist for a variety of reasons. The most common reason third parties emerge is simply because some people do not feel as though their system of political beliefs match up with the two major parties. Some of these parties are more mainstream and share many of the ideas of the two major parties; other parties have ideology that is very strange and different from the way most people think politically.

-Some of the more mainstream third parties throughout history have been successful. During the 1990’s the Reform Party had candidates win some state and local elections; the most prominent candidate elected from the Reform Party was Jesse Ventura who was elected governor of Minnesota. Ross Perot, the founder of the Reform Party was a serious candidate in the presidential elections of 1992 and 1996. The Libertarian Party has also had some success in winning local and state elections. Perhaps the most successful of all third parties is the Republican Party.

-There are some third parties that are completely radical and have no real chance of winning elections. Some of these parties are The Knights Party, The Libertarian National Socialist Green Party, The U.S. Marijuana Party, The American Nazi Party, The Freedom Socialist/Radical Women Party, and the Communist Party of America.

-There are three categories of third parties in America today. They are as follows:



-Single-Issue Parties: These parties focus exclusively on one major social, economic, or moral issue. Examples of single-issue parties are The Family Values Party, The Southern Party, and the Prohibition Party.

-Ideological Parties: These parties focus on an overall change in society. These parties tend to have different and sometimes radical ideas that do not adhere to the political norm of the two major parties. Examples of ideological parties are The Green Party USA, The Libertarian Party, and the Socialist Workers Party.

-Splinter Parties: These parties are formed when one of the major political parties suffers a split due to disagreements in the party or changes in ideology within the party. An example of a splinter party is the Progressive Party, also known as the Bull-Moose Party. This party was a splinter of the Republican Party, and was formed in 1912.


Elections and Voting

*The most important responsibility we have as citizens is voting. Certain officials, on all levels of government, are elected by the people. Each state has a designated election day for primary and general elections.

-Election Days: According to the Congress of the United States the general election day for federal offices takes place on the Tuesday after the first Monday of November. State, local, and primary election days vary from state to state and from community to community.

How To Vote
*Before Election Day there are some steps that one must take in order to qualify to vote. There are two general qualifications for voting that apply to people of every state; they are as follows:

-You must be a citizen of the United States.

-You must be at least 18 years old on or before the date of the election.

*Each state has other qualifications that it sets for voting. Some of these qualifications are as follows:

-Some states require that citizens live in that state for a specified period of time before the Election Day. Pennsylvania’s residency requirement is that a person must live in the state for at least 30 days before Election Day.

-Some states require its residents to formally register to vote. Pennsylvanian’s must register to vote at least 30 days before Election Day. PA residents can register to vote at the Department of Transportation by filling out a form they can obtain from state or local offices, or by obtaining a downloadable and printable voter registration form online. The website is: http://www.dos.state.pa.us/bcel/lib/bcel/voter_registration/01_staticpage/voterregistrationapp.html

-Some states require its residents to choose membership in a political party in order to qualify to vote in a primary election. Pennsylvania requires its residents to choose membership in a political party to vote in the primary election. PA residents are not required to choose a party in order to vote in general elections.

-Some states require its residents to be free of any felony conviction in order to qualify to vote. Pennsylvania has no such requirement.

-Some states require its residents to be legally sane in order to qualify to vote. Pennsylvania has no such requirement.

-The 15th Amendment prohibits any federal, state, or local government from denying any citizen the right to vote based on race, color, or religious affiliation.

-The 19th Amendment prohibits any federal, state, or local government from denying any citizen the right to vote based on sex.

-The 26th Amendment prohibits any federal, state, or local government from denying any citizen 18 years old or older the right to vote based on age.


*If you meet all the qualifications for voting you are then able to vote in federal, state, and local primary and general elections. You need to be prepared to go and vote. There are a few things you need to do before going to vote:

-Know where you’re going. You cannot vote at just any polling place, there is a specified place you need to go in order to cast your vote. This place is determined by your address.

-Be able to provide official proof of identification. Some polling places will not allow you to vote without proper ID.

-Research the candidates and be ready to make educated and informed choices inside the voting booth.


State and Local Government

*Since we live in a nation that features a Federal system of government, the power of government is divided between the national government, and the States governments.

-According to Article IV of the US Constitution, each state is guaranteed a representative form of government.

-Article VI of the US Constitution is often referred to as the Supremacy Clause. This means that all federal laws take precedence and are supreme over any state or local laws; however it also means that anything that is not covered under federal law can be covered under state law.

State Constitutions
*Each state has its own Constitution. Each state’s Constitution must adhere to the US Constitution and to all federal laws.

-The first written Constitution in America was adopted by the colony of Connecticut in 1638.

-The State with the oldest Constitution still in effect is New Hampshire. New Hampshire adopted their current Constitution in 1784.

Constitution of the Commonwealth of Pennsylvania
-Pennsylvania’s first Constitution was adopted in 1776. Since 1776 Pennsylvania has had 5 Commonwealth Constitutions. (Pennsylvania, along with Massachusetts, Virginia, and Kentucky are not states, they are Commonwealths.) Pennsylvania’s current Constitution was adopted in 1968.

-Pennsylvania’s Constitution is made up of a Preamble, 11 Articles, and 13 Amendments.

-The Constitution of Pennsylvania’s Preamble is as follows: “WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution.”
-Article I of Pennsylvania’s Constitution is the Commonwealth’s Bill of Rights. There are 28 specific rights listed in Pennsylvania’s Bill of Rights.

-Article II of Pennsylvania’s Constitution establishes the Commonwealth’s legislative branch of government. Pennsylvania’s legislature is called the General Assembly; it is a bicameral legislature with an upper house, the Senate, and a lower house, the House of Representatives.

-Article III of Pennsylvania’s Constitution defines how the General Assembly goes about making laws.

-Article IV of Pennsylvania’s Constitution establishes the Commonwealth’s Executive Branch. The chief executive of the Commonwealth of Pennsylvania is the Governor (Edward G. Rendell). In addition to the Governor, the executive branch is made up of the Lieutenant Governor (Catherine Baker Knoll,) the Attorney General (Gerald Pappert,) Auditor General (Robert P. Casey,) and Treasurer (Barbara Hafer.)

-Article V of Pennsylvania’s Constitution establishes and defines the Commonwealth’s Judicial Branch. Pennsylvania’s Supreme Court is made up of 7 justices who are elected by the people. This Article is quite lengthy because the Commonwealth basically has 3 sets of rules for the courts. The judicial system is set up the same in all of the counties with the exception of Philadelphia and Allegheny Counties (this includes the City of Pittsburgh.) Philadelphia and Allegheny counties have their own court systems which are run by the local governments, but fall under the authority of the Commonwealth.

-Article VI of Pennsylvania’s Constitution describes the responsibilities and expectations of Public Officers, both those elected and those appointed.

-Article VII of Pennsylvania’s Constitution outlines the Commonwealth’s election process.

-Article VIII of Pennsylvania’s Constitution defines the Commonwealth’s laws regarding taxes and finances.

-Article IX of Pennsylvania’s Constitution describes the legal relationship the Commonwealth has with the county and local governments throughout the state.

-Article X of Pennsylvania’s Constitution sets forth the basic laws that Private Corporations must adhere to in the Commonwealth.

Article XI of Pennsylvania’s Constitution describes and defines the process of Ammending the Constitution.


State Legislatures

-Each state has a legislature, or law making body. Every state in the union has a bicameral legislature consisting of an upper house and a lower house.

-Pennsylvania’s legislature is called the General Assembly. The upper house is called the Senate and has 50 members. The lower house is called the House of Representatives and has 203 members.

-Members of Pennsylvania’s Senate are elected to a term of 4 years and may run for re-election as many times as they want. Members of Pennsylvania’s House of Representatives are elected to a term of 2 years and may also run for re-election as many times as they want.

-In many states, State Legislators are paid a very small salary; some as low as $5 a day for each day the legislature is in session. In the states that pay very small salaries, the job of legislator is usually part time and most of the legislators have other full time professions, usually as lawyers, business owners, executives, labor leaders, etc.

-In Pennsylvania the job of legislator is a full time position that requires the members of the legislature to spend a good deal of their time at the state capitol in Harrisburg. Pennsylvania state legislators are the third highest paid in the US making an annual salary of approximately $65,000.

-The presiding officer of the Pennsylvania House of Representatives is the Speaker of the House. Currently the Speaker of the House in Pennsylvania is Dennis O'Brien. The presiding officer of the Pennsylvania Senate is the Lieutenant Governor. Currently the Lieutenant Governor is Catherine Baker Knoll.

Governors
*Each state has a Chief Executive called the Governor. The Governor has many duties, powers, and responsibilities in the state government. Some of the powers and duties of the governor are as follows:

-Carrying out state laws and supervising the executive branch.

-Reporting to the legislature from time to time on the state of the state.

-Appointing some judges and other state officials.

-Proposing new laws and programs to the legislature.

-Preparing the state budget.

-Approving or vetoing bills.

-Declaring states of emergency.

-Representing the state at ceremonies and public functions.

-The governor also has the power to grant pardons, reprieves,
and amnesty to people convicted of state crimes.

-Each state sets term lengths and limits for the governor. In Pennsylvania the governor serves a term that lasts 4 years, and is limited to serving 2 terms.

-Each state determines the salary of their governor. The range in salaries is wide throughout the states. Some states pay their governor less than $40,000 per year; others pay their governor over $150,000 per year. Pennsylvania’s governor receives approximately $142,000 per year. He also has many of his living expenses paid, and is provided with a gubernatorial mansion in Harrisburg.