1. FEDERALISM SEPARATION OF POWERS & Checks and Balances

2. 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.

3. 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

4. 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”

5. What are the powers of the State Governments?
Reserved Powers
Federal
State
Local

6. 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.

7. 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

8. 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)

9. 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.

10. Make Laws
Enforce the Laws
Interpret the laws
Article 1
Article 2
Article 3

11. The Legislative Branch
CE 6b & c: Congress
CE 7a & c: V.A. General Assembly

13. 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)

14. 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.

15. 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

16. U. S. Congress: Senate

17. US Congress: House of Representatives

18. 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

19. House of Representatives US Population Map

20. 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

21. Why is state Representation important?
Electing the President
Electoral College: States with more population have more electoral votes. Large

22. Quiz Time Identify 3 powers of the Legislative Branch and the houses?
How does a states Congressional Representation relate to the Electoral College?

23. Snapshot What are the Pros and Cons of Interest Groups and Lobbying.
Congress for Sale (Shorter video)
Should Lobbyist be Banned? Video
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?

24. VA State Legislature VA General Assembly

25. 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.

26. Powers of the State Legislature
Reserved Powers
Make Laws (Statutes)
Approve the biannual (2 year) budget
Approve the Governor’s appointments

27. Local: Legislative Branch
City: City Council
Unicameral Legislature
Makes city ordinances (laws)
Approve the annual budget
County: Board of Supervisors

28. 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

29. Complete the worksheet
Complete the Handout

30. 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.

31. 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

32. 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

33. 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?

34. Why are US Federal aka National Laws Created?
Citizens (including students) learn the importance of the legislative process through direct involvement and/or simulations.

35. 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

36. Sing-Along
I just a Bill

37. 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

38. 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

39. 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.

40. Local Law-Making Process
The same as the upper levels of the legislative branch except local government is unicameral. What does that mean?

41. Seal of the United States Executive Branch

42. Home of the President 1600 Pennsylvania Ave. Washington, DC
The White House

43. 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

44. 4 Main Powers & Many Titles of the Executive
Military Powers
Executive Powers
Legislative and Judicial Powers
Diplomatic Power

45. 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

46. 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

47. 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..

48. Other Important Members of the Executive Branch
Attorney General (U.S and V.A.)
Vice President (National)
Lieutenant Governor (VA)
Video 1
Video 2

49. 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.

50. Is this Federalism?
President
Governor
Mayor
County Manager

51. 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

52. 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

53. 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

54. 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.

55. The US Supreme Court

56. 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

57. 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

58. 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

59. 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

60. 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

61. United States Court System
The United States Supreme Court
Justices, no jury
Jurisdiction: Appellate and Limited Original

62. United States Court System
US Court of Appeals:
Justices, No Jury
Jurisdiction: Appellate

63. 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

64. The Virginia Court System
Virginia, like the other 49 states, has its own court system, with powers derived from the Virginia Constitution.

65. Virginia Supreme Court
Justices, No Jury
Court of FINAL appeal
Limited original jurisdiction

66. The Virginia Court System
Virginia Supreme Court
Virginia Court of Appeals
Circuit Court
Virginia District Court

67. 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.

68. 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

69. 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.

70. Checks and Balance Legislative powers over: The Executive branch
Over rides vetoes
Impeaches a president
The Judicial branch
Approves Federal judges
Impeaches Federal judges

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

72. 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

73. 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.