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 GovernmentMakes Laws for the nationApproves budget annuallyApproves the Presidential appointments

State GovernmentMakes laws for VirginiaApproves Budget biennialExercises power under the 10th Amendment

Local GovernmentMakes ordinances for the communityApproves budget annuallyExercises powers given by the state

The Executive Branch

National Executes law of the land

Prepares annual budget for Congressional actionAppoints cabinet officers, ambassadors, and federal judges

Administers federal bureaucracy

StateExecutes laws of Virginia

Prepares biennial budget for General AssemblyAppoints cabinet officers and board

Administers state bureaucracyGives pardons

LocalElected by board or city council

City or county managers are hired by local legislatures

The Judicial Branch

NationalSupreme Court has power of judicial reviewFederal courts try cases involving federal law and US Constitutional questions

StateSupreme Court has power of judicial review over state lawsCircuit courts try civil and criminal cases

LocalHears 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.”

http://www.socialstudieshelp.com/Lesson_13_Notes.htm

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.

http://www.archives.gov/federal-register/constitution/

• 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?

http://www.archives.gov/federal-register/constitution/