Unit VI – State and Local Unit VI – State and Local GovernmentGovernment

Part I – North Carolina State Part I – North Carolina State GovernmentGovernment

When did delegates first meet to When did delegates first meet to write a constitution for North write a constitution for North

Carolina?Carolina?

17761776

What did the Halifax Resolves What did the Halifax Resolves Declare?Declare?

April 12, 1776April 12, 1776

Called for total independence Called for total independence from Great Britainfrom Great Britain

How many Constitutions has North How many Constitutions has North Carolina had?Carolina had?

33

When was the current NC When was the current NC Constitution adoptedConstitution adopted

19711971

Constitution of 1776Constitution of 1776

Adopted Dec. 18, 1776Adopted Dec. 18, 1776 A Declaration of RightsA Declaration of Rights Bicameral legislature Bicameral legislature Executive BranchExecutive Branch Court SystemCourt System

Constitution of 1868Constitution of 1868

Abolished slaveryAbolished slavery All citizens 21 and older could voteAll citizens 21 and older could vote

19711971

Present Constitution adoptedPresent Constitution adopted Guaranteed “all elections shall be free”Guaranteed “all elections shall be free”

1972 Amendment1972 Amendment

Lowered the voting age to 18Lowered the voting age to 18

1977 Amendment1977 Amendment

Governor permitted to serve two Governor permitted to serve two consecutive four year termsconsecutive four year terms

1996 Amendment1996 Amendment

Gave the governor the power to veto Gave the governor the power to veto legislationlegislation

What does the Preamble to the NC What does the Preamble to the NC Constitution promise to preserve?Constitution promise to preserve?

““We, the people of the State of North We, the people of the State of North Carolina, grateful to Almighty God, the Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the Sovereign Ruler of Nations, for the preservation of the preservation of the American UnionAmerican Union and and the existence of our civil, political and the existence of our civil, political and religious liberties,…….”religious liberties,…….”

What is the What is the Declaration of Declaration of Rights?Rights?

Article I of NC ConstitutionArticle I of NC Constitution Lists 25 guaranteed freedomsLists 25 guaranteed freedoms

What rights is guaranteed to What rights is guaranteed to citizens in the NC Constitution that citizens in the NC Constitution that

is not guaranteed in the US is not guaranteed in the US Constitution?Constitution?

EducationEducation

What principle of American What principle of American democracy does Article I Section II democracy does Article I Section II

of NC’s Constitution support? of NC’s Constitution support?

Popular SovereigntyPopular Sovereignty

Article I Section 6 states “Article I Section 6 states “The The legislative, executive, and supreme legislative, executive, and supreme judicial powers of the State… shall judicial powers of the State… shall forever be separate … from each forever be separate … from each

other” other”

Separation of PowersSeparation of Powers

What is one example of checks and What is one example of checks and balances established by the NC balances established by the NC

Constitution?Constitution? Governor can veto laws of General Governor can veto laws of General

AssemblyAssembly General Assembly can override a vetoGeneral Assembly can override a veto

How can the NC Constitution be How can the NC Constitution be amended (amended (changedchanged))

In Article XIII (13) it states that power to In Article XIII (13) it states that power to amend the state constitution or adopt a amend the state constitution or adopt a new one rests with the new one rests with the peoplepeople.. All All proposed amendments are submitted to proposed amendments are submitted to the NC the NC votersvoters after being signed by the after being signed by the leaders of both houses of the state leaders of both houses of the state legislature (legislature (the General Assemblythe General Assembly))

What is the structure of NC What is the structure of NC GovernmentGovernment

Three BranchesThree Branches The Legislative Branch – makes lawsThe Legislative Branch – makes laws The Executive Branch – enforces lawsThe Executive Branch – enforces laws The Judicial Branch – interprets lawsThe Judicial Branch – interprets laws

N.C. Legislative BranchN.C. Legislative Branch

Called the Called the General AssemblyGeneral Assembly Bicameral – Bicameral – two chamberstwo chambers NC House of RepresentativesNC House of Representatives NC SenateNC Senate

Powers of the General AssemblyPowers of the General Assembly

Statutes: Statutes: pass laws that apply to the entire pass laws that apply to the entire statestate

Specific Laws: Specific Laws: only apply to certain counties only apply to certain counties or citiesor cities

Legislative Oversight: Legislative Oversight: determine how well laws determine how well laws are workingare working

Appoint Officials: Appoint Officials: to important government to important government positions (i.e. University of NC Board of positions (i.e. University of NC Board of GovernorsGovernors

Impeachment: Impeachment: can charge and remove state can charge and remove state gov. officialsgov. officials

How a bill becomes a law in N.C. How a bill becomes a law in N.C.

Put these in order:Put these in order: Bill is writtenBill is written Bill is sent to committeeBill is sent to committee Bill is debated and voted on by entire Bill is debated and voted on by entire

chamber floorchamber floor Bill is sent to other chamberBill is sent to other chamber Bill is sent to conference committee for final Bill is sent to conference committee for final

draftdraft Sent back to both chambers for approvalSent back to both chambers for approval Sent to governor Sent to governor

How is the General Assembly How is the General Assembly Organized?Organized?

NC House of RepsNC House of Reps 120 Members120 Members Must be:Must be:

21 Years Old21 Years Old US CitizenUS Citizen Live in District 1 yr,Live in District 1 yr,

Leadership:Leadership: Speaker of the HouseSpeaker of the House

NC SenateNC Senate 50 Members50 Members Must be:Must be:

25 Years Old25 Years Old US CitizenUS Citizen Live in NC 2 yearsLive in NC 2 years Live in District 1 yr.Live in District 1 yr.

Leadership:Leadership: Lieutenant GovernorLieutenant Governor President Pro-TemporePresident Pro-Tempore

N.C. Executive BranchN.C. Executive Branch

Chief Executive =Chief Executive =

GovernorGovernor

QualificationsQualifications

30 years old30 years oldUS Citizen 5 YearsUS Citizen 5 YearsNC Resident 2 YearsNC Resident 2 Years

TermTerm

4 Years4 YearsTerm Limit =Term Limit =Only 2 consecutiveOnly 2 consecutive

James B. HuntJames B. Hunt

1977-1985 and 1977-1985 and 1993-20011993-2001

Lieutenant GovernorLieutenant Governor Qualifications:Qualifications:

Same as GovernorSame as Governor Elected: Elected: Separately from the GovernorSeparately from the Governor Succession: Succession: becomes governor if office becomes governor if office

becomes vacantbecomes vacant Terms: Terms: 4 years4 years Term Limits: Term Limits: Same as governorSame as governor President of: President of: The NC SenateThe NC Senate

NC Council of StateNC Council of State

8 Elected Officials that head state 8 Elected Officials that head state agenciesagencies

INDEPENDENT OF GOVERNORINDEPENDENT OF GOVERNOR

ATTORNEY GENERALATTORNEY GENERAL

Overseas the SBI (State Bureau Overseas the SBI (State Bureau of Investigation) – States of Investigation) – States lawyerlawyer

Superintendent of Public InstructionSuperintendent of Public Instruction

Oversees the regulation of the Oversees the regulation of the state’s public school systemstate’s public school system

State TreasurerState Treasurer

Manages the states moneyManages the states money

The Governors CabinetThe Governors Cabinet

Appointed by governor and Appointed by governor and responsible to governorresponsible to governor

Department of AdministrationDepartment of Administration

Shapes the state budgetShapes the state budget

Department of CorrectionsDepartment of Corrections

Runs prison and parole systemRuns prison and parole system

Department of Crime Control and Department of Crime Control and Public SafetyPublic Safety

Administers emergency Administers emergency management and NC Highway management and NC Highway PatrolPatrol

Department of RevenueDepartment of Revenue

Responsible for state taxes, Responsible for state taxes, licenses and fees (how the licenses and fees (how the state makes money)state makes money)

Chief ExecutiveChief Executive

Carries out state lawsCarries out state lawsAppoints officialsAppoints officialsPrepares state budgetPrepares state budget

Legislative LeaderLegislative Leader

Proposes legislation, approves Proposes legislation, approves or vetoes legislationor vetoes legislation

Commander in ChiefCommander in Chief

In charge of military forces of In charge of military forces of the statethe state

Judicial LeaderJudicial Leader

Offers Pardons – forgiveness Offers Pardons – forgiveness for crimesfor crimes

Grants Parole – early release Grants Parole – early release from prisonfrom prison

Chief of StateChief of State

Symbolic leader who speaks Symbolic leader who speaks for the statefor the state

Party LeaderParty Leader

Leads his/her party at the state Leads his/her party at the state levellevel

The NC Judicial BranchThe NC Judicial Branch

What is the primary role of the NC What is the primary role of the NC Judicial BrachJudicial Brach

Resolve disputes that arise Resolve disputes that arise under NC state lawunder NC state law

How many levels are there in the How many levels are there in the North Carolina court sytem?North Carolina court sytem?

FourFour

One NC Supreme Court

NC Courts of Appeals•15 Appellate Judges

•Hear cases in panels of three•Two of three must agree on decision

NC Superior Courts•Civil Cases >$10,000

•Felony Cases•Most involve trial by jury

NC District Courts•Civil Cases <$10,000

•Misdemeanor Cases, Family and Traffic law

•No jury, Judge decides

How does one become a NC How does one become a NC judge?judge?

They are elected by the They are elected by the citizenscitizens

How long are terms for NC judges?How long are terms for NC judges?

Supreme Court – Supreme Court – 8 Years8 YearsNC Appeals Courts – NC Appeals Courts – 8 Years8 YearsNC Superior Courts – NC Superior Courts – 8 Years8 YearsNC District Courts – NC District Courts – 4 Years4 Years

What are the roles of the Supreme What are the roles of the Supreme Court of NC?Court of NC?

Reviews lower court casesReviews lower court cases Interprets the state’s Interprets the state’s

constitution and lawsconstitution and laws

State v Mann (1830)State v Mann (1830)

Decision:Decision:

A slaveholder could not be A slaveholder could not be prosecuted for attacking the prosecuted for attacking the enslavedenslaved

Upheld the NC Constitution Upheld the NC Constitution as highest law in stateas highest law in state

Leandro v NC (1994)Leandro v NC (1994)

““The people have a rights to the privilege The people have a rights to the privilege of education, and it is the duty of the of education, and it is the duty of the State to guard and maintain that right.”State to guard and maintain that right.”

NC ConstitutionNC Constitution

Leandro DecisionLeandro Decision

State does not require equal State does not require equal funding of education only an funding of education only an equal educationequal education

““At risk” children and At risk” children and schools require more schools require more resourcesresources

How are Juvenile cases handled in How are Juvenile cases handled in NC?NC?

Juvenile – Juvenile –

in most states anyone under the age ofin most states anyone under the age of

1818 Juvenile Delinquent – Juvenile Delinquent –

young people who commit crimesyoung people who commit crimes Purpose of the Juvenile Court System = Purpose of the Juvenile Court System =

RehabilitateRehabilitate

Two Types of CasesTwo Types of Cases

NeglectNeglect

Juveniles whose caregivers neglect or Juveniles whose caregivers neglect or abuse themabuse them

DelinquencyDelinquency

Cases involving juveniles who commit Cases involving juveniles who commit crimescrimes

Differences between juveniles and Differences between juveniles and adult justice?adult justice?

NO NO juriesjuries only a judge only a judge Closed to the Closed to the publicpublic Identities are Identities are kept secretkept secret Not Not fingerprintedfingerprinted Not Not photographedphotographed If juvenile completes probation then If juvenile completes probation then

charges are dropped and removed from charges are dropped and removed from recordrecord

Other Court OfficialsOther Court Officials

Clerk of Superior Court Clerk of Superior Court Records wills and handles foreclosures Records wills and handles foreclosures

(selling some ones property to pay (selling some ones property to pay debts)debts)

MagistratesMagistratesIssues search and arrest warrants, Issues search and arrest warrants,

issues arraignments (charges)issues arraignments (charges) District Attorney District Attorney Represents state in all criminal casesRepresents state in all criminal cases

Other Court OfficialsOther Court Officials

Public DefenderPublic DefenderRepresent lowRepresent low JuryJury18 Years or older18 Years or olderCitizen of state and resident of countyCitizen of state and resident of countyMentally and physically competentMentally and physically competentAble to understand EnglishAble to understand EnglishNot been convicted of a felonyNot been convicted of a felony

Diagram of NC Court SystemDiagram of NC Court System

NC Supreme Court

NC Courts of Appeals

NC Superior Courts

District Courts

Civil, Traffic, Magistrate andMisdemeanors

Appeals involving theDeath Penalty

(Capital Punishment)Appeals involvingCivil or criminal

decisions