Federalism

The U.S. Constitution establishes the principle of federalism, which is the division of power between the states and the national government.

Separation of Powers  Were created to prevent one group of people from having all the power in the government.

Federalism Structure and Powers Our government is divided into three levels. National/Federal State Local = United States = Virginia = Prince William County

The Constitution establishes a federal form of government in which the national government is supreme. This means that state laws cannot disagree with national laws. General Assembly Richmond, Virginia Congress Washington, DC We make the laws for Virginia! But we make the laws for the whole country! So your laws can’t go against ours!

Federalism Types of Powers in the Constitution 1.Expressed Powers written in the Constitution Examples: declare war, make treaties, regulate trade, and coin money. 2. Implied Powers not written, but necessary to carry out the expressed powers Example: having a military academy AKA “enumerated powers”

Expressed powers are written in the Constitution. Implied powers are not specifically written in the Constitution but are necessary to carry out the expressed powers. It says that Congress can declare war and raise an army and a navy. It doesn’t say that Congress can establish military academies. But they have to do that to train the officers for the Army and Navy!

3. Reserved Powers: any powers not given to the national government are reserved (saved) for the states or the people Examples: Create local governments, establish school systems, marriage and divorce laws

 Reserved powers are set aside for the states under the 10th amendment.  Reserved=States powers  The Constitution established an article to deal with national and state conflict. It declares that states may do nothing that goes against the Constitution or federal law.  HOWEVER: The Constitution denies powers to both the national and state governments.

4. Denied Powers: Things the Constitution says the government can’t do Examples: No royal titles, can’t tax exports No Royal Titles No Taxes on Exports

5. Derived Powers : Local power comes from the States Examples: States set up counties, cities and towns

Concurrent Powers  The Constitution also has the national and state governments share powers.

Under the system of federalism, each level of government has different responsibilities. General Assembly Richmond, Virginia Congress Washington, DC State governments promote public health, safety and welfare. The national government conducts foreign policy and regulates commerce (trade).

The powers of the local governments in Virginia are derived from the state. That means: Local governments only have the powers that the states give them. The General Assembly in Richmond has the power to set up counties, towns and cities and gives them the powers to run their governments.

Derived = comes from

Legislative Branch Notes

Three Branches of Government The three branches of government are distinct and independent. Distinct means they are different from each other. Independent means they operate separately.

Three Branches of Government

The Legislative Branch Legislatures are bodies that make laws. Our national legislature is call Congress. Congress is a bicameral legislature, which means it has two houses.

Congress House of Representatives 435 members (based on population) Senate 100 members (2 per state)

What powers does Congress have? What do they do? 1. They make the laws of our nation. Congress only makes national laws. There are also local and state laws.

What powers does Congress have? What do they do? 2. They approve the annual budget. A budget is a plan for how to raise and spend money. Power of the Purse

What powers does Congress have? What do they do? 3. They confirm presidential appointments. Confirm means to approve. Presidents appoint many people to positions in government, such as the Supreme Court.

What powers does Congress have? What do they do? 4. They raise revenue through taxes and other levies. Revenue means money. Levy is another word for a tax. Power of the Purse

What powers does Congress have? What do they do? 5. They regulate interstate and foreign trade. Regulate means to make rules and regulations. Interstate trade is between states. Foreign trade is between countries.

What powers does Congress have? What do they do? 6. They declare war. The President is the Commander in Chief, but only Congress can officially declare war against another country.

What is the lawmaking process??

The Legislative Powers Review Expressed: powers specifically listed in the Constitution of the United States Implied: Not listed, but used to carry out expressed powers

How Congress Makes Laws Congress’ powers are limited by the Constitution. Congress has two types of powers: expressed and implied. Example: The Constitution says that Congress can regulate trade. It does not say anything about having airports. But in order to regulate trade, Congress has created the FAA to regulate airports and airplane safety.

What do the laws Congress makes have to do with me? Civil Rights Laws Outlaws discrimination in employment Education Grants, loans and scholarships for college Automobile Safety Auto safety standards including seat belts and air bags. Defense Funds the U.S. military for our national security

The lawmaking process in Congress 1. Introducing a bill by a Senator or Representative 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 president to sign into law

Step 1: Introducing a Bill A bill can be introduced by a Senator or a Representative. Robert Wittman(R) House of Representatives Tim Kaine (D) Senate Mark Warner (D) Senate

Step 2: Working in Committees The bill is then referred to a committee. Examples of Committees include: Agriculture, Education, Foreign Relations, Defense The Committee debates the bill and can make changes to it. Then they decide to either “table” the bill or send it back to the full House or Senate. Most bills never get out of committee.

Step 3: Debate on the Floor The bill is then debated by the House or Senate. Representatives and Senators speak for or against the bill and may make changes (amendments) to it.

Step 4: Voting on the Bill in Both Houses The bill must then be voted on in the House and the Senate.

Step 5: The President Signs the Bill into Law The President can either sign the bill or veto it. If he signs it, it becomes a law. If he vetoes it, it goes back to Congress to see if they can override his veto with a 2/3 majority vote in both houses. If he doesn’t sign it and Congress is in session, it becomes a law in 10 days. If he doesn’t sign it and Congress is not in session, the bill does not become a law. This is called a pocket veto.

Factors Influencing The National Lawmaking Process Elected officials in Congress write laws and takes action in response to problems or issues. Individuals and interest groups help shape legislation.

House – Introduce – Committee – Debating – Voting ----YES Senate – Introduced – Committee – Debated – Voting ---YES President Can: -Sign it into LAW!!! -VETO

Each level of government is divided into three branches: legislative, executive and judicial. Virginia General Assembly Governor State Supreme Court Circuit Courts

Separation of Powers Just like the federal government, Virginia has three branches : legislative, executive and judicial. Each branch has different powers. Executive Branch General Assembly Legislative Branch Governor Judicial Branch State Supreme Court

The General Assembly is a bicameral legislature on the legislative branch They make the laws for Virginia. They approve the Governor’s biennial budget. 3. They get their power from the 10th Amendment (reserved powers).

 They get their powers from the 10th Amendement.  Is made up of The House of Delegates and the Virginia Senate  Meet annually for a fixed number of days

Virginia Senate and Representative State Delegate ® State Senator® L. Scott LingamfelterRichard H. Stuart

What about the state level?????

The lawmaking process in the Virginia General Assembly 1. Introducing a bill by a Senator or Delegate 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

Factors Influencing The State Lawmaking Process Elected officials in the Virginia General Assembly write laws & take response to problems or issues. Individuals and interest groups help shape legislation.

The primary issues in the State Legislative Process Education: To promote an informed and engaged citizenry (i.e., establish minimum standards for local schools = SOL’s) 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

Bill is signed or vetoed by the president. Bill is introduced in either the House or Senate. (Let’s say House) Bill is debated in Senate. If the president vetoes the bill then 2/3 of both houses must override the veto. Approved bill is sent to House or Senate (Since it started in House, it goes to Senate)

Each level of government is divided into three branches: legislative, executive and judicial. Local Board of Supervisors County Manager Local Courts

The powers of local governments are derived from the states. “Comes from”

Our local legislative branch is the Board of Supervisors.local legislative branch 1.They make ordinances for the community. 2. They approve the annual budget. 3. Their power is limited to that delegated by the state. “Laws” “ Given ”

Virginia local governments are given the following limited power by the state:  enforce state and local laws  promote public health  protect public safety  educate children

Virginia local governments are given the following limited power by the state:  protect the environment  regulate land use  levy and collect taxestaxes “charge”

Now for a 15-minute video  Use the blank space underneath your local notes and number it 1 – 10  Pay attention and watch the video and write down 10 facts from the video.

Do not worry about the 6 empty boxes