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State and Local Government

State and Local Government. Lesson 1: VA fun facts. Population of 7,800,000 Often referred to as “commonwealth of VA” Statehood in 1788 (10 th state) Made up of 95 counties and 39 independent cities. Even though we are only ranked 35 th in land area and 12 th in population, we are:.

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State and Local Government

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  1. State and Local Government

  2. Lesson 1: VA fun facts

  3. Population of 7,800,000 • Often referred to as “commonwealth of VA” • Statehood in 1788 (10th state) • Made up of 95 counties and 39 independent cities

  4. Even though we are only ranked 35th in land area and 12th in population, we are: • In the top 10 in education • Top 12 in health • Top 4 in government management • 1st in the country for business for the 4th year • And have a 28% lower crime rate than the national average

  5. Lesson 2: Virginia’s Constitution

  6. Constitution of Virginia • The Constitution of Virginia provides for legislative, executive, and judicial branches. • It contains 12 articles. • George Mason,Thomas Jefferson, andJames Madison are the chief architects of the Virginia Constitution.

  7. The original portions were enacted in conjunction with the Declaration of Independence in 1776 • VA was one of the first states to adopt a constitution • The constitution has been significantly revised 6 times

  8. Article I-Bill of Rights • Article I contains the entire original Virginia Declaration of Rights from the 1776 Constitution. However, several of the sections have been expanded to incorporate concepts from the UnitedStates Bill of Rights, including the right to due process, the prohibition against double jeopardy and the right to bear arms. Like the Federal Constitution, the Virginia Bill of Rights, in §17, states that the listing of certain rights is not to be construed to exclude other rights held by the people. • On November 7, 2006, another amendment, previously approved by the General Assembly, prohibiting same-sex marriage was ratified by Virginia voters to be added to the Bill of Rights. This amendment also prohibits the recognition of any "union, partnership, or other legal status" between unmarried people that intends to approximate marriage or which confers the "rights, benefits, obligations, qualities, or effects of marriage." The Virginia Attorney General has issued an opinion stating that the amendment does not change the legal status of documents such as contracts, wills, or Advanced Medical Directives between unmarried people.

  9. Article II-Franchise and Officers • The second Article of the Constitution sets out the procedures and mechanisms for voting and holding office. Pursuant to Section 1, any Virginia resident over age 18 may vote in state elections; the voting age was reduced from 21 by a 1972 amendment to the federal constitution.However, § 1 denies the vote to people who have been determined to be mentally incompetent or anyone convicted of a felony. Disenfranchising convicted felons has been found to be consistent with the Equal Protection Clause of the U.S. Constitution. • Section Five establishes that the only qualifications to hold office in Virginia are that a person must have been a Virginia resident for at least one year and eligible to vote. However, the General Assembly can impose local residency requirements for election to local governmental bodies or for election to the Assembly in representation of particular districts.

  10. Article III-Division of Powers • Article III confirms the principle of separation of powers between the legislative, executive and judicial branches of government. Separation between the branches of government is also listed as a right of the people in §5 of Article I.

  11. Article IV-Legislature • Article IV establishes the basic structure and authority of the Virginia legislature. The legislative power of the state is vested in the Virginia General Assembly, which consists of the Virginia Senate and the Virginia House of Delegates. §17 of Article IV gives the legislature the power to impeach members of the executive and judicial branches.

  12. Article V-Executive • The fifth Article similarly defines the structure and powers of the executive branch. The Governor of Virginia is invested as the chief executive, though §1 of Article V, provides that the Governor may not run for successive terms. The offices of Lieutenant Governor and Attorney General are established as supporting elected constitutional positions. • The constitutional powers of the Governor include the ability to sign legislation, veto bills (which veto may then be overridden by a two-thirds majority of both houses of the assembly), and issue pardons.

  13. Article VI-Judiciary • Article VI vests judicial power in the Supreme Court of Virginia, along with the subordinate courts created by the General Assembly. Judges are appointed by a majority vote in the General Assembly to terms of 12 years for Supreme Court Justices and 8 years for other judges. The Supreme Court, pursuant to §5, has the authority to make rules governing the practice of law and procedures in the courts of the commonwealth and the Chief Justice of the Supreme Court is established as the administrative head of the Virginia judicial system.

  14. Article VII-Local Government • Article VII of the Constitution sets up the basic framework for the structure and function of local government in Virginia. Local government may be established at the town (population over 1000), city (population over 5000), county or regional government level. Article VII gives the General Assembly the power to create general laws for the organization and governing of these political subdivisions, except that regional governments cannot be created without the consent of the majority of the voters in the region. • Section 4 establishes the constitutional offices of treasurer, sheriff, Commonwealth's Attorney, clerk of court and commissioner of revenue to be elected within each city and county in Virginia.

  15. Article VIII-Education • A compulsory and free primary and secondary public education for every Virginia child is the focus of Article VIII. The General Assembly is empowered to determine the funding for the educational system and apportion the cost between state and local government. A state Board of Education is established to create school divisions and effectuate the overall educational policies. Actual supervision of the individual schools is delegated to local school boards, provided for in §7

  16. Article IX-Corporations • The primary purpose of Article IX is to create the Virginia State Corporation Commission, which is charged with administering the laws that regulate corporations. The State Corporation Commission also issues charters for Virginia corporations and licenses to do business for “foreign” (non-Virginia) corporations. Section 5 of Article IX prohibits such foreign corporations from doing anything in Virginia that a Virginia corporation could not do.

  17. Article X-Taxation and Finance • Article X establishes the basic structure for taxation of personal property in Virginia. Pursuant to this Article, all non-exempt real and personal property is subject to taxation at its fair market value. Section 6 sets out a lengthy list of exempt property, which includes church property, cemeteries, and non-profit school property. • Significant additions to Article X include §7, a budget amendment, which became effective in 1986, and §7-A, which establishes the "Lottery Proceeds Fund", requiring that all proceeds from the lottery be set aside for educational purposes.

  18. Article XI-Conservation • Article XI states that it is the general policy of the Commonwealth to preserve, protect and conserve the state’s natural and historic resources. The General Assembly is permitted to further these policies by entering into public-private partnerships or partnerships with federal agencies. • A 2001 amendment added §4, which establishes hunting and fishing as constitutional rights of Virginians, though the legislature may enact appropriate regulations and restrictions on these rights.

  19. Article XII-Amendments • The last Article creates the mechanism for future changes to the Constitution. Any amendment to the Constitution must first be passed by a majority in each of the two legislative houses. The proposed amendment must then be held over for consideration by the succeeding elected legislature, where it must again be passed by a majority in each house. The amendment then goes on the general ballot and becomes enacted into the Constitution if approved by a majority of the voters. • Alternately, a two-thirds majority of both Virginia houses may call for the creation of a constitutional convention. Any revisions or amendments proposed by the constitutional convention are presented to the citizens of Virginia and become law upon approval by a majority of voters.

  20. Lesson 3: Legislative Branch

  21. Capitol Building, Richmond, VA

  22. The Legislative Branch is known as the General Assembly Senate House of Delegates 40 members from single-member districts Elected to four-year terms $18,000/yr. Represent approx. 177,000 Qualifications 21 years of age at the time of the election residents of the districts they seek to represent Eligible to vote for the General Assembly • 100 members from single-member districts • Elected to two-year terms • $17,640/yr. • Represent approx. 71,000 Qualifications • 21 years of age at the time of the election • residents of the districts they seek to represent • Eligible to vote for the General Assembly

  23. Senate in Session

  24. Elections Ex.—the Governor’s race was held in November of 2009 and will be held again in 2013 VA is one of only a handful of states that holds state elections on odd numbered years (KY, LA, N.J., MS) McDonnell Deeds

  25. Your Representatives to the Assembly

  26. Bill Carrico • Republican - 5th District • Counties of Carroll (part), Grayson, Smyth (part), and Wythe (part); City of Galax • Chilhowie High School (1981)Virginia Highlands Community College (1982) • State trooper (retired)

  27. Joseph Johnson • Democrat - 4th District • Member since 1990 • Counties of Smyth (part) and Washington (part); City of Bristol • Meadowview High SchoolEmory & Henry College (B.A.) • U.S. Air Force (1951-55) • Attorney

  28. William Wampler Jr. • Republican - District 40 Bristol City (All); Grayson County (Part); Lee County (All); Norton City (All); Scott County (All); Smyth County (Part); Washington County (All); Wise County (Part) • Born in Bristol • Graduate of University of Tennessee. • Insurance salesman

  29. Phillip Puckett • Democrat - District 38 • Bland County (All); Buchanan County (All); Dickenson County (All); Pulaski County (Part); Russell County (All); Smyth County (Part); Tazewell County (All); Wise County (Part); Wythe County (Part) • Born in Russell County, Virginia, August 10, 1947; educated at University of Tennessee • Vice President of Business Development for First Bank & Trust Company

  30. Presiding Officers Republican Bill Bolling Lieutenant Governor President of the Senate Republican William J. Howell Speaker of the House of Delegates

  31. House of Delegates Balance of Power

  32. The Senate Balance of Power 19 21

  33. Article IV-Legislature Article IV establishes the basic structure and authority of the Virginia legislature. The legislative power of the state is vested in the Virginia General Assembly, which consists of the Virginia Senate and the Virginia House of Delegates. §17 of Article IV gives the legislature the power to impeach members of the executive and judicial branches.

  34. Lesson 4: Executive Branch

  35. Article V-Executive • The fifth Article similarly defines the structure and powers of the executive branch. The Governor of Virginia is invested as the chief executive, though §1 of Article V, provides that the Governor may not run for successive terms. The offices of Lieutenant Governor and Attorney General are established as supporting elected constitutional positions. • The constitutional powers of the Governor include the ability to sign legislation, veto bills (which veto may then be overridden by a two-thirds majority of both houses of the assembly), and issue pardons.

  36. Powers • Responsible for carrying out laws • Has veto power (may be overridden by 2/3 vote) • Has line-item veto • Commander-in-chief of VA state militia • Has the power to fill vacancies in positions unless the position is appointed by the legislature. • May commute fines or sentences and issue pardons. • May restore voting rights

  37. The Governor of Virginia Governor-Elect Bob McDonnell Governor Tim Kaine

  38. Qualifications Salary $175,000 Must be at least 30 years of age Must have resided in VA at least five years prior to the election

  39. Term of Office The Governor of VA serves for a 4 year term and may not serve two consecutive terms

  40. Notable Governors 1. Patrick Henry (1776)-founding father 2. Thomas Jefferson (1779)-3rd president 5. Patrick Henry (1784) 6. Edmund Randolph (1786)-1st attorney general 7. Henry Lee III (1791)-Robert E. Lee’s father 11. James Monroe (1811)-5th president 22. John Tyler (1825)-10th president

  41. Lieutenant Governor • Preside over the Senate when it is in session. • Bill Bolling

  42. Attorney General Attorney General-Elect Ken Cuccinelli Attorney General Bill Mims

  43. Lesson 5: The Judicial Branch

  44. Article VI-Judiciary • Article VI vests judicial power in the Supreme Court of Virginia, along with the subordinate courts created by the General Assembly. Judges are appointed by a majority vote in the General Assembly to terms of 12 years for Supreme Court Justices and 8 years for other judges. The Supreme Court, pursuant to §5, has the authority to make rules governing the practice of law and procedures in the courts of the commonwealth and the Chief Justice of the Supreme Court is established as the administrative head of the Virginia judicial system.

  45. Judicial Branch • Virginia's judicial system consists of four levels of courts: • Court of Appeals: Provides a review of lower court decisions and state commissions • Circuit Courts: Has original and appellate jurisdiction in civil and criminal cases • General District Courts: Has original jurisdiction in misdemeanor and traffic cases, as well as civil cases under $1,000

  46. Final authority in VA rests in the hands of the Virginia state Supreme Court The court is mainly responsible for reviewing decisions of lower courts

  47. Virginia Justices are chosen by a majority vote of both houses of the General Assembly The court consists of 7 (not 9) Justices Justices in VA serve for a term of 12 years

  48. Virginia’s Justices Honorable Leroy Hassell Honorable Barbara Keenan Honorable Lawerence Koontz Honorable Cynthia Kinser Honorable Donald Lemons Honorable Bernard Goodwyn Honorable Leroy Millette Leroy Hassell Jr. Chief Justice

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