Everyday Civics - Virginia Standards of Learning

State and Local Government

Standard(s) of Learning

CE.7	The student will demonstrate knowledge of the American constitutional government at the state level by
	a)	describing the structure and powers of the state government;
	b)	explaining the relationship of state governments to the national government in the federal system;
	c)	explaining and/or simulating the lawmaking process;
	d)	describing the roles and powers of the executive branch and regulatory boards.

CE.8	The student will demonstrate knowledge of the American constitutional government at the local level by
	a)	describing the structure and powers of the local government;
	b)	explaining the relationship of local government to the state government;
	c)	explaining and/or simulating the lawmaking process.

CE.9	The student will demonstrate knowledge of how public policy is made at the local, state, and national levels of government by
	a)	examining the impact of the media on public opinion and public policy;
	b)	describing how individuals and interest groups influence public policy;
	c)	describing the impact of international issues and events on local decision making.

CE.10	The student will demonstrate knowledge of the judicial systems established by the Constitution of Virginia and the Constitution of the United States of America by
	a)	describing the organization of the United States judicial system as consisting of state and federal courts with original and appellate jurisdiction;
	b)	describing the exercise of judicial review;
	c)	comparing and contrasting civil and criminal cases;
	d)	explaining how due process protections seek to ensure justice.

Content

Explain how the Constitution of the United States of America establishes the principle of federalism, which is the division of power between the states and the national government.

Describe how legislative, executive, and judicial powers are separated at the state level of government.

Explain that all powers of local government in Virginia are created and controlled by the state.

Explain that the powers and responsibilities of the legislative, executive, and judicial branches at the local and state levels are limited.

The Virginia General Assembly is a bicameral legislature. Bicameral means having two houses (e.g., the Senate and the House of Delegates).
Legislative
•     Local Government
–    Makes ordinances for community; approves annual budget; limits power to that delegated by the state
•     Virginia Government
–    Makes laws for Virginia; approves biennial (two-year) budget; exercises power under the 10th amendment
Executive
•     Local Government
–    Elected or appointed by the Board of Supervisors or City Council; city or county managers hired by local legislature
•     Virginia Government
–    Executes laws of Virginia; prepares biennial budget for General Assembly; appoints cabinet officers and boards; administers state bureaucracy; grants pardons
Judicial
•     Local Government
–    Local courts—Hear cases under the authority provided by state legislation
•     Virginia Government
–    Supreme Court—Has power of judicial review over state laws
–    Circuit courts—Try civil and criminal cases

Using the following information, describe 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. Explain the following legislative powers:
• Expressed (specifically listed)
• Implied (used to carry out expressed powers)

Using the following information, explain that the executive branch plays a key role in the policymaking process.  The following are some 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

Explain that the powers of the executive branch are defined in the Constitution of Virginia.

Explain that the executive branch at the state level carries out the law.

Explain that cabinet departments, agencies, and regulatory groups interpret and help with carrying out laws.

Explain that the judicial function is exercised in a dual court system, which consists of state courts and federal courts.

Using the chart below, explain that 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 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

Using the following information, explain that courts resolve two kinds of legal conflicts—civil and criminal.
•     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 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.

Sample Resources

Below is an annotated list of Internet resources recommended for this organizing topic. Copyright restrictions may exist for the material on some Web sites. Please note and abide by any such restrictions.

Capitol Classroom. <http://legis.state.va.us/1_cap_class/cap_class_welcome.html>. This site provides information on several reading levels on Virginia's Legislature.

Citizen’s Guide to the General Assembly. <http://legis.state.va.us/1_cit_guide/cit_welcome.html>. This site includes The General Assembly, Citizen Participation, How Bills Become Laws, How to Track a Bill, Lobbyist Links, Voting, and Elections.

"Courts in Brief" Virginia Judicial System <http://www.courts.state.va.us/courts/cib.pdf>. This site offers an excellent overview of the Virginia Court System and the duties of each level. Printed copies may be obtained at (804) 786-6455 to use as a supplement to textbooks. The advantage of using this online version is that the teacher can edit the content to exclude large blocks of material not appropriate to the SOL.

Documents of American History. Virginia Department of Education. <http://www.pen.k12.va.us/VDOE/Instruction/AmericanDoc99.pdf>. This site presents historic documents, including the Constitution of Virginia.

Graphic Organizers. Virginia Pathways. <http://www.vastudies.org/episode3/graphicOrganizers.pdf>. A joint project of Virginia educators and PBS stations created video programs and study guides for students. This link provides a graphic organizer on state government.

“Judicial Branch.” Virginia.gov. <http://www.virginia.gov/branches_of_state_government/judicial_branch.html>. This Virginia public information portal to the state court system has a link to each level of the Judicial System. In addition, it links to each county circuit court.

“Lesson to Go.” <http://www.ccle.fourh.umn.edu/lessons.html>. This site functions as the home page for CRADLE, an organization dedicated to law-related education, and provides many links to other law-related sites.

Minnesota Center for Community Legal Education Mini Mock Trial Manual. <http://civicallyspeaking.org/mock3.pdf>. Mock trials completed in one or two class periods help students learn about courts and trials in an interesting and enjoyable way.

State and Local Government on the Net. University of Virginia. <http://www.statelocalgov.net/state-va.cfm>. This site links to every state department, office, and agency. Much of this information is more appropriate for teacher background than for direct instruction.

“State Government.” Ben’s Guide to Government for Kids (6-8). U.S. Government Printing Office. <http://bensguide.gpo.gov/6-8/government/state/index.html>. This site provides an overview of the constitutional authority of state governments. It is written at a middle school level.

Virginia Association of Counties. <http://www.vaco.org/>. This site provides comprehensive information on issues of importance to localities; links to federal and state legislators; and links to Virginia county Web sites.

Virginia Judicial System. <http://www.courts.state.va.us/>. The official Web site of the Virginia Judicial System contains links to each of the levels of Virginia courts and the special courts.

Virginia Newspapers. <http://www.usnpl.com/vanews.html>. This site provides links to the online editions of all major newspapers in Virginia.

Virginia Standards of Learning Assessments for the 2001 History and Social Science Standards of Learning. Civics and Economics. Test Blueprint. Virginia Department of Education, 2003/04.
<http://www.pen.k12.va.us/VDOE/Assessment/HistoryBlueprints03/2002Blueprint5CE.pdf>. This site provides assessment information for Civics and Economics.