Federalism

The Constitution of the United States of America establishes a federal form of government in which the national government is supreme.

The powers of the national government are either enumerated/expressed or implied in the Constitution of the United States of America.

The powers not given to the national government by the Constitution of the United States of America are reserved for the states.

The Constitution of the United States of America denies powers to both the national and state governments.

The powers of the local governments in Virginia are derived from the state.

Primary responsibilities of each level of government

· National—Conducts foreign policy, regulates commerce

· State—Promotes public health, safety, and welfare

The powers and responsibilities of the legislative, executive, and judicial branches at both the national and state levels are limited.

Separation of Powers, Checks and Balances

Legislative powers over

· The executive branch

- Overrides vetoes

- Impeaches a President

· The judicial branch

- Approves federal judges

- Impeaches federal judges

Executive powers over

· The legislative branch

- Vetoes acts of Congress

- Calls Congress into special session

· The judicial branch

- Appoints federal judges

Judicial powers over

· The legislative branch

- Declares laws unconstitutional

· The executive branch

Declares executive acts unconstitutional

Fundamental Principles of American Government

· Consent of the governed—People are the source of any and all governmental power.

· Limited government—Government is not all-powerful and may do only those things people have given it the power to do.

· Rule of law—The government and those who govern are bound by the law.

· Democracy—In a democratic system of government the people rule.

· Representative government—In a representative system of government people elect public officeholders to make laws and conduct government on their behalf.

Historical Documents

Influence of earlier documents on the Constitution of the United States of America

· Charters of the Virginia Company of London

- Rights of Englishmen guaranteed to colonists

· The Virginia Declaration of Rights

- Served as a model for the Bill of Rights of the Constitution of the United States of America

· Declaration of Independence

- Stated grievances against the king of Great Britain

- Declared the colonies’ independence from Great Britain

- Affirmed “certain unalienable rights” (life, liberty, and the pursuit of happiness)

- Established the idea that all people are equal under the law

· Articles of Confederation

- Established the first form of national government for the independent states

- Maintained that major powers resided with individual states

- Weakness of central government (e.g., no power to tax and enforce laws)—Led to the writing of the Constitution of the United States of America

· Virginia Statute for Religious Freedom

- Freedom of religious beliefs and opinions

· Constitution of the United States of America, including the Bill of Rights

- Establishes the structure of the United States government

- Guarantees equality under the law with majority rule and the rights of the minority protected

- Affirms individual worth and dignity of all people

- Protects the fundamental freedoms of religion, speech, press, assembly, and petition

The Preamble to the Constitution of the United States of America expresses the reasons the constitution was written.

Purposes of U.S. government

· To form a union

· To establish justice

· To ensure domestic peace

· To provide defense

The Preamble to the Constitution of the United States of America begins, “We the people,” which establishes that the power of government comes from the people.

The Fourteenth Amendment to the Constitution of the United States of America defines citizenship: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside.”

Process for amending the Constitution of the United States of America

· Action by Congress or convention

· Ratification by the states

The amendment process is complex; to date, only 27 amendments have been added.

First Amendment freedoms

· Religion—Government may not establish an official religion, nor endorse, or unduly interfere with the free exercise of religion.

· Speech—Individuals are free to express their opinions and beliefs.

· Press—The press has the right to gather and publish information, including that which criticizes the government.

· Assembly—Individuals may peacefully gather.

· Petition—Individuals have the right to make their views known to public officials.

Fifth Amendment

· Due Process; rights of people accused of crimes

Fourteenth Amendment

· Extends the due process protection to actions of the states; defines citizenship

Sixteenth Amendment

· Allows Congress to collect an income tax

Citizenship

Means of obtaining citizenship

· Birth

· Naturalization

Immigration and naturalization, particularly in the twentieth century, have led to an increasingly diverse society.

To become a citizen through naturalization, a person must demonstrate knowledge of American history and principles and the ability to speak and write English.

Duties of responsible citizens

· Obey laws

· Pay taxes

· Serve in the armed forces if called

· Serve on a jury or as a witness in court

Citizens who choose not to fulfill these civic duties face legal consequences.

Civic responsibilities are fulfilled by choice; they are voluntary.

Responsibilities of citizens

· Register and vote

· Hold elective office

· Influence government by communicating with government officials

· Serve in voluntary, appointed positions

· Participate in political campaigns

· Keep informed regarding current issues

· Respect others' rights to an equal voice in government

Ways for citizens to participate in community service

· Volunteer to support democratic institutions (e.g., League of Women Voters).

· Express concern about the welfare of the community as a whole (e.g., environment, public health and safety, education).

· Help to make the community a good place to work and live (e.g., by becoming involved with public service organizations, tutoring, volunteering in nursing homes).

Personal traits of good citizens

· Trustworthiness and honesty

· Courtesy and respect for the rights of others

· Responsibility, accountability, and self-reliance

· Respect for the law

· Patriotism

Political Parties

Functions of political parties

· Recruiting and nominating candidates

· Educating the electorate about campaign issues

· Helping candidates win elections

· Monitoring actions of officeholders

Similarities between parties

· Organize to win elections

· Influence public policies

· Reflect both liberal and conservative views

· Define themselves in a way that wins majority support by appealing to the political center

Differences between parties

· Stated in a party's platform and reflected in campaigning

Third parties

· Introduce new ideas or press for a particular issue

Often revolve around a political personality (e.g., Theodore Roosevelt)

Elections

Strategies for evaluating campaign speeches, literature, and advertisements for accuracy

· Separating fact from opinion

· Detecting bias

· Evaluating sources

· Identifying propaganda

Mass media roles in elections

· Identifying candidates

· Emphasizing selected issues

· Writing editorials, creating political cartoons, publishing op-ed pieces

· Broadcasting different points of view

Rising campaign costs

· Require candidates to conduct extensive fund-raising activities

· Limit opportunities to run for public office

· Give an advantage to wealthy individuals who run for office

· Encourage the development of political action committees (PACs)

· Give issue-oriented special interest groups increased influence

Campaign finance reform

· Rising campaign costs have led to efforts to reform campaign finance laws.

· Limits exist on the amount individuals may contribute to political candidates and campaigns.

Only citizens who register can participate in primary and general elections.

Qualifications to register to vote in Virginia

· Citizen of the United States

· Resident of Virginia and precinct

· 18 years of age by day of general election

How to register in Virginia

· In person at the registrar's office, at the Division of Motor Vehicles, or at other designated sites

· By mail application

Registration is closed 29 days before elections.

Factors in predicting which citizens will vote

· Education

· Age

· Income

Why citizens fail to vote

· Lack of interest

· Failure to register

The percentage of voters who participate in presidential elections is usually greater than the percentage of voters who participate in state and local elections.

Every vote is important.

Electoral college process

· The slate of electors for each state is chosen by popular vote.

· The electors meet to vote for President and Vice President.

· The winner-take-all system leads to the targeting of large states for campaigning, although candidates must pay attention to small states whose electoral votes may make the difference in tight elections.

The number of electors of each state is based on the state’s Congressional representation.

The requirements for a majority vote to win in the electoral college favors a two-party system.

Media and Public Influence

Ways media play an important role in setting the public agenda

· Focusing public attention on selected issues

· Offering a forum in which opposing viewpoints are communicated

· Holding government officials accountable to the public

Government officials use the media to communicate with the public.

Terms to know

Lobbying: Seeking to influence legislators to introduce or vote for or against a bill

Ways individuals influence public policy

· Participating in politics (voting, campaigning)

· Expressing opinions (lobbying, demonstrating, writing letters)

· Joining interest groups

Ways interest groups influence public policy

· Identifying issues

· Making political contributions

· Lobbying government officials

Legislative Branch

Terms to know

· Bicameral: Having two houses (e.g., the Senate and the House of Representatives)

The Virginia General Assembly and the United States Congress are bicameral legislatures.

Legislative powers

· Expressed (specifically listed)

· Implied (used to carry out expressed powers)

The lawmaking process in national and state legislatures

· Working in committees

· Debating on the floor

· Voting on a bill by both houses

· Signing the bill into law by the President or governor

Elected officials write laws and take action in response to problems or issues.

Individuals and interest groups help shape legislation.

Executive Branch

The powers of the executive branch are defined in the Constitution of the United States of America and the Constitution of Virginia.

The executive branch at the state and national levels carries out the law.

Ways the executive branch influences policymaking

· Proposing legislation in an annual speech to the legislature (State of the Commonwealth or State of the Union Address)

· Appealing directly to the people

· Approving or vetoing legislation

· Appointing officials who carry out the laws

Cabinet departments, agencies, and regulatory groups interpret and help with carrying out laws.

Judicial Branch

Virginia, like each of the other forty-nine states, has its own court system whose organization and jurisdiction are derived from Virginia’s constitution and state laws.

Virginia Court System

Virginia Supreme Court

(Justices/no jury)

· Court of final appeal (Appellate jurisdiction)

· Limited original jurisdiction

Court of Appeals of Virginia

(Judges/no jury)

· Appellate jurisdiction from circuit courts

Circuit Court

(Judge and jury)

· Original jurisdiction for felony criminal cases and for certain civil cases

· Appellate jurisdiction from district courts

General District Court

(Judge)

· Original jurisdiction of misdemeanors

· Civil cases generally involving lower dollar amounts

Juvenile and Domestic Relations District Court

(Judge/no jury)

· Juvenile and family cases

Magistrates issue search warrants, subpoenas, arrest warrants, and summons and set bail.

The United States has a separate court system whose organization and jurisdiction are derived from the Constitution of the United States of America and federal laws.

United States Court System

U.S. Supreme Court

(Justices/no jury)

Jurisdiction: Appellate and Limited Original

U.S. Court of Appeals

(Justices/no jury)

Jurisdiction: Appellate

U.S. District Court

(Judge with jury)

Jurisdiction: Original

The supreme courts of the United States and Virginia determine the constitutionality of laws and acts of the executive branch of government. This power is called judicial review.

Marbury v. Madison established the principle of judicial review at the national level.

The Constitution of the United States of America is the supreme law of the land.

State laws must conform to the

Virginia and United States constitutions.

Criminal law

In a criminal case, a court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor or a felony.

Civil law

In a civil case, a court settles a disagreement between two parties.

Criminal procedure in felony cases

· A person accused of a crime may be arrested if the police have probable cause.

· The accused may be committed to jail or released on bail.

· The case proceeds to an arraignment where probable cause is reviewed, the defendant may be appointed an attorney, and a plea is entered.

· A court date is set and a trial is conducted.

· A guilty verdict may be appealed to the Court of Appeals or directly to the Supreme Court in certain cases.

Procedure for civil cases

· The plaintiff files a complaint to recover damages or receive compensation.

· Case can be heard by judge or jury.

· Case can be appealed to the Court of Appeals and the Supreme Court.

Procedure for cases involving juveniles

· Judges have greater latitude in handling juvenile cases.

· Juveniles who commit serious crimes can be tried as adults.

Terms to know

Due process of law: The constitutional protection against unfair governmental actions and laws

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.

Branch of Government	Local Government	Virginia Government	National Government
Legislative	Makes ordinances for community; approves annual budget; limits power to that delegated by the state	Makes laws for Virginia; approves biennial (two-year) budget; exercises power under the 10th amendment	Makes laws for nation; approves annual budget; approves presidential appointments
Executive	Elected or appointed by the Board of Supervisors or City Council; city or county managers hired by local legislatures	Executes laws of Virginia; prepares biennial budget for General Assembly; appoints cabinet officers and boards; administers state bureaucracy; grants pardons	Executes law of the land; prepares annual budget for congressional action; appoints cabinet officers, ambassadors, and federal judges; administers federal bureaucracy
Judicial	Local courts—Hear cases under the authority provided by state legislation	Supreme Court—Has power of judicial review over state laws Circuit courts—Try civil and criminal cases	Supreme Court—Has power of judicial review Federal courts—Try cases involving federal law and U.S. Constitutional questions