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Naturalization refers to the transition of a person becoming a U.S citizen. Essentially, this implies the adoption of a new status as well as the inalienable rights that come with it. To fully understand the concept of naturalization through the scope of this class it is important to understand the discriminatory history that accompanies it. Naturalization is an important concept in the Dred Scott v. Sandford case of 1857 because, this case decided that slaves could not be citizens and therefore could not be naturalized (Dred Scott v Sanford 1857). This idea of being naturalized thus, did not apply to black people regardless of where they were born “Blacks, on the other hand, were not included and were not intended to be included under the
Her little boy wasn't expected to make it through the night, the voice on the line said (“Determined to be heard”). Joshua Deshaney had been hospitalized in a life threatening coma after being brutally beat up by his father, Randy Deshaney. Randy had a history of abuse to his son prior to this event and had been working with the Department of Social Services to keep custody over his son. The court case was filed by Joshua's mother, Melody Deshaney, who was suing the DSS employees on behalf of failing to protect her son from his father. To understand the Deshaney v. Winnebago County Court case and the Supreme courts ruling, it's important to analyze the background, the court's decision, and how this case has impacted our society.
Prior to the case of United States v. Bhagat Singh Thind, the United States implemented a naturalization law known as the Naturalization Act of 1790, in which citizenship would only be granted to “any alien, being a free white person.” And so the prerequisite cases was born, in which any immigrants who wanted to be granted citizenship would have to prove in the court of law that they were indeed “white”. The court would either use scientific evidence or common knowledge to determine if someone was white or not. But not both, due to the In Re Najour case of 1909, in which In Re Najour a dark skin syrian, was granted citizenship after proving that he was indeed “white” in which he won due to scientific evidence. But would of never been granted
The Ontario Provincial Police serve the province of Ontario in many functions, including the safety of traffic (Ontario Provincial Police , 2009). The safety of traffic is essential for a secure society; however when a law enforcement member deviates from legislated policing practices causing an unjustified accusation of a civilian, are the people of the Province of Ontario any safer? This issue can be examined in the case of R. v. Harrison, as Constable Bertoncello of the Ontario Provincial Police conducted a traffic stop of Bradley Harrison, which was not justified. Harrison was pulled over for only having a rear licence plate, however the vehicle was registered in the province of Alberta, making this vehicle legal (R. v. Harrison, 2009). The police officer justified his actions to the Supreme Court of Canada by insisting on the importance of upholding police integrity in the public mind, and this regular traffic stop resulted in a search and seizure of cocaine and a charge of driving with a suspended licence. (R. v. Harrison, 2009).This was not sufficient reasoning for Bertoncello’s actions according to the ruling of the Supreme Court of Canada. An examination of the evidence presented before the Supreme Court of Canada in the case of R. v. Harrison, including the Canadian Charter of Rights and Freedoms violations, precedent cases, and investigative police procedures along with legal proceedings will rationalize the ruling of the court for excluding narcotic paraphernalia for trafficking indictment.
The Dread Scott decision exacerbated the debate over slavery by declaring that blacks cannot be citizens and that Congress does not have the power to prohibit slavery in the territories, which further divided the North and the South. The decision also deeply affected politics, and was one of the causes of the Civil War.
The Fourteenth Amendment was ratified in 1868 and stated that “all persons born…in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.” The Supreme Court case United States v. Wong Kim Ark first recognized the doctrine of birthright citizenship. In this case, the defendant argued that because he was a citizen of the U.S. because he was born in California and had lived there for twenty-one years. The U.S. District Attorney argued that while Wong Kim Ark may have been born into the U.S., he was not subject to its jurisdiction since Worn Kim Ark, through his Chinese parents, were subject to the emperor of China. Not persuaded by this argument, the U.S. Supreme Court held that children born in the U.S. to resident aliens are U.S. citizens, which created the concept of automatic birthright citizenship. This concept has been debated within the U.S. Supreme Court and in different levels of the judiciary system, but to this date there is no comprehensive approach on solving the ambiguity of what constitutes a ‘natural-born’
Around the 1850’s, tension between the Northern states and the Southern states was rising. The issue of slavery was a conflict that greatly contributed to this tension. The Northern and Southern people had very different views on slavery. Most of the Northern people thought that slavery was wrong, while the Southern people thought that slavery was justified. During this time, a court case filed by a black slave against his white slave master occurred and it widened the gap between them even more. The idea of a black man suing for his freedom was ridiculous to most of the Southern people. My second paragraph is about Dred Scott’s life. It will mostly be about his life before the case. The third paragraph will be information about the case in court. It will include many facts from the trials. The fourth paragraph will tell of the United States Supreme Court decision and its effects. It will also include people’s reactions to the final decision.
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
The Scott Peterson case was one of the most difficult murder cases that have ever been handled by the U.S. courts in the recent memory. Scott Peterson is best known for murdering his eight- month pregnant wife, Laci Peterson, in 2002 in Modesto, California. The FBI was able to collect evidence against Peterson for the case against him. Peterson was sentenced to death by lethal injection in 2004 for the first-degree murder of his wife and the second-degree murder of their fetus son. The Scott Peterson trial was an important trial because it showed the darkness of America through his lies, less humane remarks, and the crime itself.
The Naturalization Act of 1790 was the first piece of United States federal legislation regarding immigration and it provided a national and uniformed rule for the process of naturalization. Under provisions of Article I, Section 8, of the Constitution, it granted citizenship to “all free white persons” after two years residence and provided that the children of citizens born outside the borders of the United States would be “considered as natural born citizens” (Naturalization Acts, United States, 1790-1795). This was an important piece of legislation that encouraged immigration necessary for the continued growth and prosperity of the republic. The individuals that it was intended to attract and protect were European whites, specifically men who would bring skills and participate in the emerging manufacturing and mining labor
The Dred Scott decision of the Supreme Court in March 1857 was one of the major steps
Also the prime suspect had other charges pending against him such as possession of illegal substances and the homeowner of the vacant crime scene said the man was a recovering addict. During the conversation with the officers Johnson refused to give up his DNA sample. The man profess he had not commit any murders and did not commit any crimes regarding the matter. Officers then compel him to give his DNA sample with a warrant compelling him to follow the order. Moreover, after the crime was committed it was discovered that Johnson try to sell one of the victims’ cell phone. He was trying to get rid of the evidence that could implement him on the crime. Witness came forward to verify this story that Johnson indeed try to sell the cell phone for cash. In addition, witness said that Johnson try to be the pimp of the victims that he was
African Americans have a history of struggles because of racism and prejudices. Ever since the end of the Civil War, they struggled to benefit from their full rights that the Constitution promised. The fourteenth Amendment, which defined national citizenship, was passed in 1866. Even though African Americans were promised citizenship, they were still treated as if they were unequal. The South had an extremely difficult time accepting African Americans as equals, and did anything they could to prevent the desegregation of all races. During the Reconstruction Era, there were plans to end segregation; however, past prejudices and personal beliefs elongated the process.
Constitution, namely the 14th Amendment in particular, can be interpreted for us to enforce stricter regulations on citizenship. If we take a look at Section 1 of the 14th Amendment, the text reads specifically that “any born or naturalized in the United States…. are citizens of the United States…” (Elbel, Fred, 14thamendment.us/amendment: The Amendment). This ensures the rights of anyone born in the U.S. due course of the term ‘Jus Soli’. One thing to note, however, is that the interpretation of section 1 is ambiguous; those born here or naturalized are immediately deemed citizens. These definitions are very broad, and do not distinctly address our 21st century problems. What does it mean to be born here? What does it mean to be naturalized? I find that these terms are meant to define more long-term conventions than what they convey and what legally
Will and in this essay the author challenges the citizenship status of children born to illegal immigrants. Will argues that the 14th Amendment, which grants citizenship to any person born in the United States, is being misinterpreted. He explains how this misinterpretation leads to the actual act of illegal immigration. For example, by essentially rewarding the children of illegal immigrants with an American citizenship Will demonstrates how this provides an incentive for illegal immigration. The author makes clear the idea that when the 14th Amendment was written in 1866 it could not have included illegal immigrants since that concept did not exist at that time. He continues by using Indians as an example of people not included in the 14th Amendment since Indians and their children owed allegiance to their tribes. Finally, the author uses a decision by the Supreme Court in 1884 that declared both person and country must consent to the citizenship; therefore, if the source is illegal then the child should not be considered a
The purpose of the naturalization process is to takes steps to create model citizens out of immigrants if they know enough about the country to help the country, they also check to see if the person has good moral character, and they check for other things too like how long they have already lived in the country