Objectives:

The student will demonstrate the knowledge of the American
constitutional government by:
1.
Explaining the relationship of the state government to the national
government in the federal system;
2.
Describing the structure and the powers of the local, state, and
national government ;
6 b. Explaining the principle of the separation of powers and the
operation of check and balances;
1.
Identifying the procedures for amending the Constitution of the
United States.
A form of government
in which power is divided
What
is Federalism?
between the federal (national, central) government
and the states
Federal vs. State
Federal
•Where are the powers of the local
government derived (come from)?
• The state, The VA State
Constitution
State
Federal
Federal
Facts about Federalism
Powers of the National Government
 Expressed Powers
 The powers of the national government Directly written into
the Constitution
 Enumerated Powers: the same as Expressed powers
 Implied Powers:
 Powers of the national government Not written directly in
the Constitution but drawing authority from expressed
powers
 The “necessary and proper
clause” is aka the “Elastic Clause”
What are the powers of the State
Governments?
 Reserved Powers
Federal
State
Local
What Powers do both the
National and State governments
share?
 Concurrent Powers: Powers shared between both
national and state governments
 Including local
 Use page 284 to give you examples
 Does the Constitution give all the power to the National
government?

The Constitution denies powers to
both the national and state
government.
Match
the
following
 Word Bank
 Federal, State & Local Government
1. Makes laws for a small area enforcing local laws and
ordinances; provides police and fire protection
2. Makes laws for the entire country; deals with foreign
relations; resolves disputes between states;
maintains basic rights for all citizens
3. Makes laws for one state; establishes educational
system; regulates intrastate commerce; regulates
relations between citizens within the state
Separation of Powers
 The Constitution of the United States in Articles I, II,
and III
Defines the powers of the legislative, executive, and
judicial branches of the national government.
 They are three separate/split authorities having
individualized power or roles in the government
(Definition)

1.
2.
3.

The
3
Branches
of
Government
There are 3 branches of the government:
Legislative
Executive
Judicial
Each branch has a job has it has to do. We’ll figure out
what’s their job, the checks over the other branches, and
who in charge of the branch.
Make Laws
Enforce the Laws
Article 2
Interpret the laws
Article 1
Article 3
CE 6b & c: Congress
CE 7a & c: V.A. General Assembly
US Congress
 The Legislative Branch:
 • The Congress is a bicameral legislature consisting of
the
 House of Representative (435 members based upon
population)
 Senate (100 members, 2 per state)
Congress: How can you get the job
Senate (Senators)
 30 years old
 Citizen
 Resident of the state
Service to your country
 6 yr term (No Term Limits)
 Represent the entire state
House of Representatives
(Congressmen)
 25 years old
 Citizen
 Resident of the state
Service to your country
 2 yr term (No Term Limits)
 Represents a district within a
state.
Congressional Leadership
Senate
House of Representatives
 President of the Senate: Vice
 Leader of the H.R.
President: Joe Biden
 Speaker of the House
 John Boehner
 Leader of the Senate:
 Majority Leader: Eric Cantor
 President Pro-Tempore:
 Minority Leader: Nancy
Patrick Leheay
 Sen. Harry Reid (Majority
Leader)
 Sen. Mitch McConnell(
Minority Leader)
Pelosi
U. S. Congress: Senate
US Congress: House of
Representatives
Powers of Congress
Expressed and Implied Powers
 Makes the laws of the nation
 Approves the annual budget
 Confirms (approves) presidential appointments
 Raises revenue through taxes and levies
 Regulates interstate and foreign trade
 Declares War
 Impeach the President and Supreme Court Citizens
 Draws districting lines
House of Representatives
US Population Map
Why do some states have more
representatives than other states?
Every 10 years the representation may
change due to increase or decrease in
population is called Apportionment
Why is state Representation
important?
 Electing the President
 Electoral College: States with more population have
more electoral votes. Large
Quiz Time
 Identify 3 powers of the Legislative Branch and the
houses?
 How does a states Congressional Representation relate
to the Electoral College?
Snapshot
 Congress for Sale (Shorter video)
http://www.youtube.com/watch?v=U7nfNt-Xx9w
 Should Lobbyist be Banned? Video http://www.youtube.com/watch?v=r5z-aVufNLA
 What are the Pros and Cons of Interest Groups
and Lobbying.
 What do you think is their effect on the lawmaking process?
 Who has the advantage and who has a
disadvantage?
 How do they do it? How do lobbyist influence
you, lawmakers and I?
VA State Legislature
VA General Assembly
VA General Assembly
 The legislative branch is the General Assembly
 a bicameral legislature—
 the House of Delegates and the Virginia Senate

that meets annually for a fixed number of
days.
Powers of the State Legislature
 Reserved Powers
 Make Laws (Statutes)
 Approve the biannual (2 year) budget
 Approve the Governor’s appointments
Local: Legislative Branch
 City: City Council
 Unicameral Legislature
 Makes city ordinances (laws)
 Approve the annual budget
 County: Board of Supervisors
Article 1: Legislative Branch
 Make the laws
Other Powers:
Overrides presidential
vetoes
2. Impeaches a president.
3. Approves presidential
appointment federal
judges, cabinet members,
and ambassadors.
4. Impeaches federal
judges.
1.
Who’s in charge:
 Federal: Congress
 State: General
Assembly
 Local:
 City : City Council
 County: Board of
Supervisors
Complete the Handout
Why are US Federal aka National
Laws Created?
Elected officials in Congress
write laws and take action in
response to problems or issues
involving the states and nation.
Federal Issues
 Primary responsibilities at the National level of
government
Conducts foreign policy,
Regulates commerce,
Provides for the common
defense
Why are US Federal aka National Laws Created?
What is your (the citizen’s) role in the
Democratic Law-making process?
Individuals and interest groups
help shape legislation.
 Give Examples of Interest Groups
 Give and Example of how You can influence lawmakers and legislation (bills)
 NRA
 NAACP
 PETA
Why are US Federal aka National
Laws Created?
The formal powers of Congress are
limited by the Constitution of the
United States.
 What are the powers of the National Government?
Why are US Federal aka National
Laws Created?
 Citizens (including students) learn the
importance of the legislative process
through direct involvement and/or
simulations.
How does a Bill Become a Law?
 The lawmaking process in
Congress
1. Introducing a bill by a
2.
3.
4.
5.
Senator or Representative
Working in committees
Debating the bill on the
floor of each house
Voting on the bill in each
house
Sending the bill to the
President to sign into law
 The Lawmaking process in the
Virginia General Assembly
1. Introducing a bill
2. Working in committees
3. Debating the bill on the
floor of each house
4. Voting on the bill in each
house
5. Sending the bill to the
Governor to sign into law
6. VA has to exceptions:
1.
2.
Line-item veto
Make Amendments
Sing-Along
 I just a Bill
http://www.youtube.com/watch?v=FFroMQlKiag
Why are VA STATE Laws created?
 Elected officials in the Virginia
General
Assembly write laws and take action in
response to problems or issues.
 Individuals and interest groups help shape legislation
Why are VA STATE Laws created?
 The primary issues at the state level
 Education: To promote an informed and engaged citizenry




(i.e., establish minimum standards for local schools)
Public health: To promote and protect the health of its
citizens (i.e., fund health benefits)
Environment: To protect natural resources (i.e., improve
water quality in the Chesapeake Bay)
State budget: To approve a biennial (two year) budget
prepared by the governor
Revenue: To levy and collect taxes
Local Issues
 Virginia local governments exercise
defined and limited powers, including
the power to
 enforce state and local laws
 promote public health
 protect public safety
 educate children
 protect the environment
 regulate land use
 levy and collect taxes.
Local Law-Making Process
 The same as the upper levels of the legislative branch
except local government is unicameral. What does
that mean?
Seal of the United States Executive
Branch
Home of the President
1600 Pennsylvania Ave.
Washington, DC
The White House
How To Become The President
 You must be…
 At least 35 years old
 A citizen born in the U.S or its territories
 Naturalized citizens CAN NOT be President
 Run a Campaign and the Head of their
political party.
 And win the Electoral Vote
 Elected by the Electoral College
 *Anyone can become president
What about the Vice President? Why is he always
Forgotten? Look to the Constitution
4 Main Powers & Many Titles of
the
Executive
 Military Powers
 Executive Powers
 Legislative and Judicial Powers
 Diplomatic Power
The Roles of the National Executive
 The President is the Chief Executive


Runs the National Buearcracy (governmental offices and agencies)
Cabinet advices the President



Dept. of Defense
IRS
Dept. of Educations
 The President is the Chief Legislator



He proposes legislation through his State of the Union Address
He has the power to veto bills from Congress (which can be overridden), oppose legislation, and determines foreign
policy.
Call Congress into session
 The President is also the Commander in Chief meaning he/she controls the armed forces.
 The President is also the Chief of State meaning he/she represents our country to other
world leaders.
 Chief Ambassador
 Chief of the Party
Virginia’s Chief Executive
 Chief Executive
 Runs VA’s government
(bureaucracy)
 Commander-in-Chief
 Head of VA State
 Represents the state
 Party-Leader
 Leader of his political party (Republican party)
for VA.
 Chief-Legislator
 Proposes Legislation in his State of the Commonwealth
Address
Branch
Influencing Public Policy
 Proposing legislation in annual speech to the legislature in a
State of Union Address (given by the president) or a State of
the Commonwealth Address (given by a governor).
 Influences Public Policy BY:
 Appealing directly to the people
 Approving or vetoing legislation
 Appointing officials who carry out the laws
 Head of the Bureaucracy
 Cabinet departments, agencies, and regulatory groups interpret and
help with carrying out the laws.
 Commander-in-Chief of the ALL the Military
 The Executive Branch plays a key role in the policymaking
process.
Other Important Members of
the Executive Branch
 Attorney General (U.S and V.A.)
 Vice President (National)
 Lieutenant Governor (VA)
Video 1
Video 2
Local
Government
 City: Mayor
 Chief Legislator:

State of the City Address
 Appoint Cabinet positions
 Create an annual budget
 County: County Manager
 County executives complete the same tasks as the city
executive.
Is this Federalism?
President
Governor
Mayor
County Manager
Executive Branch
 Carry-out &
Enforce the laws.
Who’s in charge:
• Federal: President

Legislative Powers
• State:
1.
• Local
2.
Vetoes acts of Congress.
Calls Congress into special
session.

Judicial Powers
1.
Appoints federal judges.
– City:
Governor
Mayor
– County: County
Manager
Executive Amendments
 22nd Amendment
 Creates Presidential
Term limits

2 (4 year) terms
• 25th Amendment
– Presidential Succession
for the Vice-President
•
If the President has to
leave office the VicePresident becomes the
new President
Additional
Facts
• Issues of the Federal
 Primary issues at the State
Government
To…
1. Conduct foreign policy
2. Regulate interstate &
intrastate commerce,
3. Provide for the common
defense
Level
 To Promote the public health,
safety, and welfare
1. Education: To promote an informed and
2.
3.
4.
5.
engaged citizenry (i.e., establish minimum
standards for local schools)
Public health: To promote and protect
the health of its citizens (i.e., fund health
benefits)
Environment: To protect natural
resources (i.e., improve water quality in
the Chesapeake Bay)
State budget: To approve a biennial (two
year) budget prepared by the governor
Revenue: To levy and collect taxes
What is Separation of Powers?
 Separation of powers is when each branch has
specific jobs or powers that they can do to get
they’re part or they’re job done.
 Ex. Legislative branch makes the laws.
 Executive Branch enforces the laws
 Judicial Branch carries out the laws.
The US Supreme Court
Judicial Branch
 Interprets the
laws.
 US & VA Supreme Courts
1.
2.
can:
Declares legislative laws
unconstitutional.
Declares executive acts
unconstitutional.
Who’s in charge:
 Federal: U.S.
Supreme
 State: VA
Supreme
 Local: Circuit
courts/ District
Courts
Court Vocabulary
Jurisdiction ~
 Area where a crime took place (city, district, state)
Appeal ~
 To ask a court to review a decision, usually done when
one is not happy with the ruling of the lower courts
Appellate Jurisdiction
 A court’s authority to hear an appeal or other decision by
another court
Court Vocabulary
Magistrates ~
 Issue search warrants, subpoenas, arrest warrants, and a
summons and set bail.
Civil Law ~
 Group of laws that settle disagreements between people
Criminal Law ~
 Behavior that is harmful to society; how people should
be tried and punished
Court Vocabulary
Judicial Review ~
 The power of the Supreme Court of the United States to
overturn a law that is in conflict with the Constitution
Judicial Activism ~
 Taking an active role by the judiciary in policymaking by
overturning laws that are not constitutional
America’s Dual Court System
 Federal Courts
 US Supreme Court & lower federal courts
 Jurisdiction- entire US

Based on the US Constitution and federal laws
 Article III of the Constitution: establishes the Supreme Court and
gave Congress the power to create any lower federal courts
 Virginia State Courts
 Va. Supreme Court & lower state/city courts
 Jurisdiction- only VA

Based on Va. Constitution (Article III) and state laws
United States Court
System
 The United States Supreme Court
 Justices, no jury
 Jurisdiction: Appellate and Limited Original
United States Court
System
 US Court of Appeals:
 Justices, No Jury
 Jurisdiction: Appellate
Judicial Review
 The Supreme Courts of the United States and
Virginia determine the constitutionality of laws
and act of the executive branch.
 Marbury v. Madison established the principle of
judicial review at the National level.
 The Constitution of the US is the supreme law of
the land.
 State laws must conform to BOTH the US and
Virginia Constitution
The Virginia Court System
 Virginia, like the other 49 states, has its own court
system, with powers derived from the Virginia
Constitution.
Virginia Supreme Court
 Justices, No Jury
 Court of FINAL appeal
 Limited original jurisdiction
The Virginia Court System
Due Process Protections
 5th Amendment
 Prohibits the national
government from
acting in an unfair
manner
 14th Amendment
 Prohibits state and
local governments
from acting in an
unfair manner
The Supreme
Court has
extended the due
process clauses to
protect the
guarantees of the
Bill of Rights.
Branches of Government
Federalism:
Levels of Government
Separation
of Powers
Branch of
Government
Local
Government
CITY &
COUNTY
Legislative
Board of
Supervisors or
city council
Executive
Elected or
appointed official
or manager
Judicial
Local courts –
Provided by state
legislation
Virginia
Government
STATE
National
Government
HIGHEST
AUTHORITY
General
Assembly
Congress
Governor
Supreme courtsappellate courts
and
circuit courts
President and
cabinet
officers
Supreme Court,
courts of appeals,
district courts
Activity: Put your knowledge to the
test. Match your own chart
Checks and Balance
 Checks and Balances prevents any one branch from abusing
its powers.
 Gives the 3 branches ways to limit the powers of the other
branches.
Checks and Balance
Legislative powers over:
 The Executive branch
Over rides vetoes
Impeaches a president
 The Judicial branch
Approves Federal judges
Impeaches Federal judges
Checks and Balance
Judicial branch over:
 The Legislative branch
Declares laws unconstitutional (judicial review)
 The Executive branch
Declares executive acts unconstitutional
Checks and Balance
Executive powers over:
 The Legislative branch
Vetoes acts of congress
Calls congress into special session
 The Judicial branch
Appoints Federal judges
What is Checks and Balances?
 Checks and Balances are the powers that each of
the branches have over the other branches.
 Ex: The President is the commander-in-chief of the
army and the navy, but only Congress can declare war.