Unit VI

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Unit VI State and Local Government

• Part I North Carolina State Government

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(No Transcript)
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When did delegates first meet to write a
constitution for North Carolina?

• 1776

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What did the Halifax Resolves Declare?

• April 12, 1776
• Called for total independence from Great Britain

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How many Constitutions has North Carolina had?

• 3

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When was the current NC Constitution adopted

• 1971

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Constitution of 1776

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

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Constitution of 1868

• Abolished slavery
• All citizens 21 and older could vote

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1971

• Present Constitution adopted
• Guaranteed all elections shall be free

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1972 Amendment

• Lowered the voting age to 18

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1977 Amendment

• Governor permitted to serve two consecutive four
  year terms

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1996 Amendment

• Gave the governor the power to veto legislation

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

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

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What is the Declaration of Rights?

• Article I of NC Constitution
• Lists 25 guaranteed freedoms

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What rights is guaranteed to citizens in the NC
Constitution that is not guaranteed in the US
Constitution?

• Education

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What principle of American democracy does Article
I Section II of NCs Constitution support?

• Popular Sovereignty

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

• Separation of Powers

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

• Governor can veto laws of General Assembly
• General Assembly can override a veto

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How can the NC Constitution be amended (changed)

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

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What is the structure of NC Government

• Three Branches
• The Legislative Branch makes laws
• The Executive Branch enforces laws
• The Judicial Branch interprets laws

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N.C. Legislative Branch

• Called the General Assembly
• Bicameral two chambers
• NC House of Representatives
• NC Senate

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Powers of the General Assembly

• Statutes pass laws that apply to the entire
  state
• Specific Laws only apply to certain counties or
  cities
• Legislative Oversight determine how well laws
  are working
• Appoint Officials to important government
  positions (i.e. University of NC Board of
  Governors
• Impeachment can charge and remove state gov.
  officials

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How a bill becomes a law in N.C.

• Put these in order (pg 379)
• Governors signature
• Debate
• Approved Bill Goes to the other house
• Conference committee
• Refer to committee
• Draft bill
• Introduce the bill
• Bill signing by both houses

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How is the General Assembly Organized?

• NC House of Reps
• 120 Members
• Must be
• 21 Years Old
• US Citizen
• Live in District 1 yr,
• Leadership
• Speaker of the House

• NC Senate
• 50 Members
• Must be
• 25 Years Old
• US Citizen
• Live in NC 2 years
• Live in District 1 yr.
• Leadership
• Lieutenant Governor
• President Pro-Tempore

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N.C. Executive Branch

• Chief Executive
• Governor

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Qualifications

• 30 years old
• US Citizen 5 Years
• NC Resident 2 Years

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Term

• 4 Years
• Term Limit
• Only 2 consecutive

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Bev Perdue

• 2009-present

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Lieutenant Governor

• Qualifications
• Same as Governor
• Elected Separately from the Governor
• Succession becomes governor if office becomes
  vacant
• Terms 4 years
• Term Limits Same as governor
• President of The NC Senate

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NC Council of State

• 8 Elected Officials that head state agencies
• INDEPENDENT OF GOVERNOR

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ATTORNEY GENERAL

• Oversees the SBI (State Bureau of Investigation)
  States lawyer

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Superintendent of Public Instruction

• Oversees the regulation of the states public
  school system

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State Treasurer

• Manages the states money

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The Governors Cabinet

• Appointed by governor and responsible to governor

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Department of Administration

• Shapes the state budget

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Department of Corrections

• Runs prison and parole system

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Department of Crime Control and Public Safety

• Administers emergency management and NC Highway
  Patrol

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Department of Revenue

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

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Chief Executive

• Carries out state laws
• Appoints officials
• Prepares state budget

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Legislative Leader

• Proposes legislation, approves or vetoes
  legislation

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Commander in Chief

• In charge of military forces of the state

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Judicial Leader

• Offers Pardons forgiveness for crimes
• Grants Parole early release from prison

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Chief of State

• Symbolic leader who speaks for the state

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Party Leader

• Leads his/her party at the state level

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The NC Judicial Branch
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What is the primary role of the NC Judicial Brach

• Resolve disputes that arise under NC state law

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

• Four

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• 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 gt10,000
• Felony Cases
• Most involve trial by jury
• NC District Courts
• Civil Cases lt10,000
• Misdemeanor Cases, Family and Traffic law
• No jury, Judge decides

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How does one become a NC judge?

• They are elected by the citizens

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How long are terms for NC judges?

• Supreme Court 8 Years
• NC Appeals Courts 8 Years
• NC Superior Courts 8 Years
• NC District Courts 4 Years

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What are the roles of the Supreme Court of NC?

• Reviews lower court cases
• Interprets the states constitution and laws

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State v Mann (1830)

• Decision
• A slaveholder could not be prosecuted for
  attacking the enslaved
• Upheld the NC Constitution as highest law in state

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Leandro v NC (1994)

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

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Leandro Decision

• State does not require equal funding of education
  only an equal education
• At risk children and schools require more
  resources

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How are Juvenile cases handled in NC?

• Juvenile
• in most states anyone under the age of
• 18
• Juvenile Delinquent
• young people who commit crimes
• Purpose of the Juvenile Court System
• Rehabilitate

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Two Types of Cases

• Neglect
• Juveniles whose caregivers neglect or abuse them
• Delinquency
• Cases involving juveniles who commit crimes

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Differences between juveniles and adult justice?

• NO juries only a judge
• Closed to the public
• Identities are kept secret
• Not fingerprinted
• Not photographed
• If juvenile completes probation then charges are
  dropped and removed from record

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Other Court Officials

• Clerk of Superior Court
• Records wills and handles foreclosures (selling
  some ones property to pay debts)
• Magistrates
• Issues search and arrest warrants, issues
  arraignments (charges)
• District Attorney
• Represents state in all criminal cases

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Other Court Officials

• Public Defender
• Represent low
• Jury
• 18 Years or older
• Citizen of state and resident of county
• Mentally and physically competent
• Able to understand English
• Not been convicted of a felony

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Diagram of NC Court System
NC Supreme Court
Appeals involving the Death Penalty (Capital
Punishment)
NC Courts of Appeals
Appeals involving Civil or criminal decisions
NC Superior Courts
District Courts
Civil, Traffic, Magistrate and Misdemeanors