Magruder’s American Government
1st Edition
ISBN: 9780133306996
Textbook solutions
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Section 9-1: American Citizenship
Exercise 1
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**American citizenship** was determined in the Constitution under the principle of jus solis. However, Congress enacted jus sanguinis in 1790, where the **rule of blood** is upheld, so in case a child is born outside of the States with American parents, the child is automatically an American citizen.Â
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American citizenship is attained in two different ways:
1. All of the people born or naturalized in the U.S. are automatically ensured citizenship for the States. This principle is called **jus solis**.Â
2. Individuals whose one or both of the parents are American citizens have ensured citizenship for the States. This principle is called **jus sanguinis**.
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The **definition in the 14th Amendment** supports jus solis rather than jus sanguinis, perhaps because the U.S. was primarily oriented on the idea that what makes a citizen is the entitlement to protection and privileges of the law. This statement excludes individuals who are outside of the States. Plus, the American national government was a developing force in its beginnings. It didn’t spread that much of its influence on the foreign territories – it wasn’t an international global force yet. So, her focus was shifted on different, more relevant matters. However, it was of great significance to determine the fundamental conditions for attaining citizenship. The government did that and then later (1790) extended it to make a more righteous way of getting citizenship (jus sanguinis).
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There are two basic principles for determining citizenship:
**1. Jus solis** – citizenship is determined based on the place of birth
**2. Jus sanguinis** – citizenship is determined on the basis of the citizenship of one or both parents
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14th Amendment defines the notion of citizenship in America. According to this amendment, U.S. citizens are persons born or naturalized in the territory of the United States. These persons are citizens of both the United States and the State in which they are residents.
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Based on this definition, we can conclude that the 14th Amendment is based on the jus solis principle of determining citizenship. Although the Constitution does not recognize the jus sanguinis doctrine, Congress has considered it constitutional since 1790.
Exercise 2
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Solution 2
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There are two ways for a child who was not born on American soil too become a citizen by birth:
1. If both parents have American citizenship, and at least one has lived in the United States for some period
2. If one parent has American citizenship and has lived in the United States for at least 5 years. An additional condition is that the parent has been over 14 years of age during at least 2 years while living in United States (from required 5), and that the child has lived in the United States without interruption for at least 5 years between the ages of 14 and 28.
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A child who is born abroad can only attain American citizenship with the principle of **jus sanguinis**.
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One or both parents of a child born outside of the States territory have to be an American citizen for the child to automatically be a citizen at birth.
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If a child is born outside of the U.S. and then naturalized in the U.S., the child can be considered a citizen as well. However, this is subjective because if the child wasn’t born in the U.S. but was naturalized in it – one of the parents is probably already a citizen, so the child is automatically a citizen as well.
Exercise 3
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**Involuntary expatriation** happens when citizenship is taken away from an individual, usually because of particular federal crimes, such as disloyalty, treason, and an unjust attempt to overthrow the government.
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Taking someone’s citizenship is done through the process called **denaturalization**, where the citizen is stripped of his status with a court process – it is involuntary.
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**Denaturalization** is a process in which naturalized citizens can lose their citizenship. This process is not voluntary and is carried out by a court decision if it is established that the citizenship was obtained in an improper manner. After loss of citizenship a person is subject to **involuntary expatriation**.
Exercise 4
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During the American beginnings, the government had the borders opened for immigrants, as it was in need of labor force.
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As the States developed and the labor force was sufficient, the **Immigration and Nationality Act** (1965) was introduced. It intended to provide balance to the existing system because America, at that point, was starting to become a “land of dreams” compared to other places in the world. Over immigration could’ve resulted in disturbance of the balance.
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The act from 1965 intended to secure that healthy balance by limiting the settlement of 270 000 immigrants per year. The law also supported victims of political persecutions and racial restrictions as it provided visas to people regardless of their nationality. Thus, this act intended to bring a righteous balance to the system.
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After the declaration of independence, in 1776, the United States was a desirable country to settle. During that period, manpower for labor was needed, so immigration was not restricted. In the later period, when the country was already quite populated, the authorities started creating an immigration policy.
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In one period, a **quota system** was introduced into immigration policy for determination exactly how many people from a particular foreign country could settle in America each year.
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**The Immigration and Nationality Act of 1965** are significant in that they have led to changes in the quota system. These laws allow the settlement of 270,000 immigrants a year, but without restrictions on the country of origin, nationality or religion. Under this law, close relatives of American citizens and foreigners who have legal residence in the country were given priority in settling.
Exercise 5
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**The Immigration Reform and Control Act of 1986** were bouth taken a very firm position regarding the employment of illegal alliances. In order to prevent the employment of workers who do not have a regulated stay in the country, significant penalties are provided for violators.
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It is extremely important for the government to limit the work of people who are in the country illegally as much as possible for a number of reasons.
First of all, since the illegals did not register their stay in the country, the government does not recognize their existence in the country, nor their work, and cannot control the conditions under which their work takes place.
First of all, since the illegals did not register their stay in the country, the government does not recognize their existence in the country, nor their work, and cannot control the conditions under which their work takes place.
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This means that they do not pay tax on performed work and do not exercise employment rights guaranteed by law. Those who employ illegals are hurriedly taking advantage of this fact to increase their profits. Illegals have a lower salary and worse working conditions, and they cannot complain to anyone about those circumstances. Employers who employ illegals as cheap labor deny those jobs to citizens, and also lower their their salaries and working conditions.
Taking into account the above circumstances, it is expected that the law will regulate this area in a strict way.
Taking into account the above circumstances, it is expected that the law will regulate this area in a strict way.
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The **Immigration Reform and Control Act** (1986) changed the existing immigration law by stating that it is not allowed to employ illegal immigrants and the owners will be charged penalties.
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In a case where immigrants illegally work, it damages the government and public interest in the big picture. Because the immigrants, in that case, are not registered, do not pay taxes, and employers take financial advantage of the situation – underpaying workers and not paying taxes nor registering their work. This is of alerting matter because ultimately, the political and citizen interest suffers without the regulations concerning these circumstances.
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