FEDERALISM SEPARATION OF POWERS & Checks and Balances

Objectives: The student will demonstrate the knowledge of the American constitutional government by: Explaining the relationship of the state government to the national government in the federal system; 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; Identifying the procedures for amending the Constitution of the United States.

What is Federalism? A form of government in which power is divided 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 Makes laws for a small area enforcing local laws and ordinances; provides police and fire protection Makes laws for the entire country; deals with foreign relations; resolves disputes between states; maintains basic rights for all citizens 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)

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 Interpret the laws Article 1 Article 2 Article 3

The Legislative Branch 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) House of Representatives (Congressmen) 30 years old Citizen Resident of the state Service to your country 6 yr term (No Term Limits) Represent the entire state 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 President: Joe Biden Leader of the Senate: President Pro-Tempore: Patrick Leheay Sen. Harry Reid (Majority Leader) Sen. Mitch McConnell( Minority Leader) Leader of the H.R. Speaker of the House John Boehner Majority Leader: Eric Cantor Minority Leader: Nancy 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 What are the Pros and Cons of Interest Groups and Lobbying. 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 law-making 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 that meets annually for a fixed number of days. 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 Impeaches a president. Approves presidential appointment federal judges, cabinet members, and ambassadors. Impeaches federal judges. Who’s in charge: Federal: Congress State: General Assembly Local: City : City Council County: Board of Supervisors

Complete the worksheet 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 Conducts foreign policy, Regulates commerce, Primary responsibilities at the National level of government Conducts foreign policy, Regulates commerce, Provides for the common defense

Individuals and interest groups help shape legislation. 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 law-makers 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 Introducing a bill by a 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 Introducing a bill Working in committees Debating the bill on the floor of each house Voting on the bill in each house Sending the bill to the Governor to sign into law VA has to exceptions: 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 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 4 year term Second in command is the Lieutenant Governor

CE6d & 7d: Roles of the Executive 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. Reminders: How the President execute public policy Define Public Policy..

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 County: County Manager 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 Who’s in charge: Carry-out & Enforce the laws. Legislative Powers Vetoes acts of Congress. Calls Congress into special session. Judicial Powers Appoints federal judges. Who’s in charge: Federal: President State: Governor Local City: Mayor County: County Manager

Executive Amendments 25th Amendment 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 Vice-President becomes the new President Don’t forget the Presidential Succession Act of 1947

Additional Facts Issues of the Federal Government To… Conduct foreign policy Regulate interstate & intrastate commerce, Provide for the common defense Primary issues at the State Level To Promote the public health, safety, and welfare 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 Remember the Preamble these powers are stated in Preamble to the US Constitution

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. Who’s in charge: US & VA Supreme Courts 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 ~ Appeal ~ Appellate 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 ~ Civil Law ~ Criminal Law ~ 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 ~ Judicial Activism ~ 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 Virginia Supreme Court Virginia Court of Appeals Circuit Court Virginia District Court

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 Branches of Government Federalism: Levels of Government Branch of Government Local CITY & COUNTY Virginia STATE National HIGHEST AUTHORITY Legislative Board of Supervisors or city council General Assembly Congress Executive Elected or appointed official or manager Governor President and cabinet officers Judicial Local courts – Provided by state legislation Supreme courts- appellate courts and circuit courts 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

Judicial branch over: Checks and Balance The Legislative branch Declares laws unconstitutional (judicial review) The Executive branch Declares executive acts unconstitutional

Executive powers over: 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.