The American Constitutional Government Created by Sarah Duncan, Social Studies Specialist

Where does “the power” come from?

The Power comes from the Constitution… The Constitution of the United States establishes a federal system of government in which the national government is supreme. The powers of the national government are either enumerated/expressed or implied in the Constitution. The powers not given to the national government are reserved for the states (10th Amendment).

The Constitution does DENY powers to both the nation and state governments The Power comes from the Constitution…

The Trickle Down Effect The National Government The State Government Local Government The Powers of the local governments in Virginia are derived from the state.

What is the primary responsibility of each level of government? State Government: Promotes public health, safety and welfare National Government: Conduct foreign policy and regulates commerce

The Legislative Branch National Government Makes Laws for the nation Approves budget annually Approves the Presidential appointments State Government Makes laws for Virginia Approves Budget biennial Exercises power under the 10 th Amendment Local Government Makes ordinances for the community Approves budget annually Exercises powers given by the state

The Executive Branch National Executes law of the land Prepares annual budget for Congressional action Appoints cabinet officers, ambassadors, and federal judges Administers federal bureaucracy State Executes laws of Virginia Prepares biennial budget for General Assembly Appoints cabinet officers and board Administers state bureaucracy Gives pardons Local Elected by board or city council City or county managers are hired by local legislatures

The Judicial Branch National Supreme Court has power of judicial review Federal courts try cases involving federal law and US Constitutional questions State Supreme Court has power of judicial review over state laws Circuit courts try civil and criminal cases Local Hears cases under the authority provided by state legislatures

The Checks and Balances System “Our Constitution is very much a reaction to the events that came before it. Our founding fathers had several goals, foremost among those goals was to avoid tyranny. In order to do this several different systems were set up to prevent the abuse of power. Federalism was one of these systems. Federalism was designed to balance the power of the national and State governments and thus limit the powers of the national government. Jefferson and others were convinced that state government was closer to the people and thus more democratic. Another system that was developed was the system of checks and balances …in this system the government was to be divided into three branches of government, each branch having particular powers.”

How do we amend the Constitution? Action by Congress OR Convention The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval.

Once it passes through Congress, it then must be ratified by the states. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). How do we amend the Constitution?