North Carolina State Government Chapter 30

Section 1

The People and the Legislature Our state legislature is called the General Assembly Elected by the people (eligible voters) 23% are women out of the 170 members – First women elected in % are African Americans out of the 170 members. – Henry Fry in 1968

Powers of the General Assembly Two types of laws the General Assembly can pass – General statutes= apply statewide – Specific Laws= apply only to certain counties or cities Pass laws or “statutes” -Decides how much money the government will spend -What state taxes the people will have to pay

Powers of the General Assembly Examines Government operations -What current laws are working? Which ones are not? -Checks government agencies---called “Government oversight”

Powers of the General Assembly Elects members of the University of North Carolina Board of Governors and the state community college system. Impeach and try judges and members of the council of state

Reviewing Qualifications Reviews the qualifications and election of its members If someone says a member of the senate or house is not legally entitles to serve, they can decide if they may continue in office or no

Organization of the General Assembly Bicameral---House of Representatives and Senate Senate has 50 members House has 120 members 2 year terms with no limit.

Organization of the General Assembly Members of each house are elected from districts General Assembly redraws these districts every 10 years after the _________. 50 areas for Senate 120 areas for House Multimember districts is where voters in a district have two senators or representatives.

Carteret County General Assembly Leaders Rep. Pat McElraft (Rep) 13 th District Sen. Jean Preston 2nd District

Qualifications for N.C. House U.S. Citizen 21 years old Lived in the district they represent for a year before the election

Qualifications for N.C. Senate U.S. Citizen At least 25 years old Have been a citizen living in North Carolina for at least two years Lived in the district at least 1 year prior to the election.

General Assembly Leadership President Pro- Tempore Marc Basnight Speaker of the House Joe Hackney

Legislative Sessions In odd numbered years the General Assembly meets in a “long session” which lasts from January through June In even numbered years the General Assembly meets in a “short session” to finish up work left from the previous year (6 weeks)short session Special sessions called by the Governor or by the Speaker of the House or President of the Senate

Changing Nature of State Government The legislature can not adjourn until it has adopted a budget and passed other essential legislation. Recently the General Assemblies sessions have been lasting longer than normal.

Consequences of Longer Legislative Sessions Uncertainty for executive agencies (Budget) Legislatures have less time to work on legislative study commissions

Committees Leaders of each house elect committee leaders Committees review legislation proposals Hold hearings on proposed legislation Amend bills Favor or appose bills

Committees By 2001 the North Carolina General Assembly had the 2 nd greatest number of committees and the most committee chairs of all state legislatures in the U.S. Bills must pass through several committees before they reach the floor for a vote Bills must pass both houses just like Congress.

Committees House committees Senate Committees

Key Legislation 2005 General Assembly voted to put into operation a state lottery the General Assembly approved a new minimum wage, raising the hourly rate one dollar to $ Increased Sales Tax

Citizen Legislators or Professional Legislators? Historically being a member of the General Assembly was a part-time job. Salary is only $13,951 Today this is really a full time job Some want to limit the number of days the legislatures meet Some say we should pay them more so they can work full time at representing their constituents.

North Carolina State Executives Sections 2

North Carolina State Government Gov. Beverly Perdue Lt. Gov. Walter Dalton

Executive Mansion

The Governor North Carolina’s Chief of State—symbolic leader North Carolina’s Chief Executive---ensure state policies are being carried out.

Duties of the Governor Appoints key officials Coordinates the work of most state agencies Administers the state budget and proposes the state budget Commute Sentences= Reduce the sentences of people convicted of crimes Represents NC when dealing with other states

Qualifications for Governor Must be at least 30 years old U.S. Citizen for 5 years Lived in North Carolina 2 years immediately before the election

Terms 2 consecutive 4 years terms Gov. James Hunt – Elected in 1976 and 1980 – Then reelected in 1992 and served until 2000

2008 NC Gubernatorial Election

Lieutenant Governor Elected to a four-year term. Automatically succeeds the governor if the governor’s office becomes vacant Walter Dalton

Lieutenant Governor Serves as President of the state senate and serves on various commissions and boards Elected separately from the governor.

The Governor’s Cabinet Department of Administration Department of Commerce Department of Corrections Department of Crime Control and Public safety Department of Cultural Resources Department of Health and Human Services Department of Environment and Natural Resource Department of Juvenile Justice and Delinquency Prevention Department of Revenue Department of Transportation

Council of State Along with the Governor and Lieutenant Governor North Carolina voters elect the heads of 8 state agencies. Council of State Officials are elected every 4 years More than 88,000 people work for State Agencies “Career Employees”

Council of State Attorney General Commissioner of Agriculture and Consumer Services Commissioner of Insurance Commissioner of Labor Secretary of State Superintendent of Public Instruction State Auditor State Treasurer

Council of State Terms of Office Elected to a four-year term Can be reelected to an unlimited number of terms

Divided Authority in the Council of State Each elected council of State agency head appoints key staff members They are each responsible for deciding how to carry out the programs and policies the General Assembly has assigned to that department. Operate independently from the governor— work against his will

Pros of a divided government Giving the opportunity to elect department heads allows the voters to choose executives who share their views on agriculture, education, labor, …… Gives the investigative agencies like the auditor and attorney general more freedom to explore potential problems in other agencies of government

Cons of a divided government Few voters really know very much about the Council of State Agencies or the candidates for those offices. Having the governor appoint the heads of these agencies would lead to greater coordination of state agencies and would reduce the overall cost of government

North Carolina Courts Section 3

Role of the Courts Dissolve disputes Counties must provide courtrooms and offices for court personnel County Sheriff maintain the jails Sheriffs’ deputies also provide courtroom security Local police also conduct most criminal investigations.

Two types of Trial Courts District Courts and Superior Courts

District Courts 39 District courts in NC No jury trial Cases in district court can involve juvenile law, divorce and other family law, mental hospitalization, traffic violations, civil cases involving less than $10,000, minor crimes, and initial hearing of serious criminal cases

District Court Judges Each district has one or more district judges State has a total of 235 district judges Voters in each district elect the judges for 4- year terms Must live in the district where they are elected Carteret County= District 3B Jerry F. Waddell, Cheryl Spencer, Karen A. Alexander, Peter Mack, Jr., Paul M. Quinn

Superior Court Handle civil cases involving more than $10,000 and felonies Involve jury trials State is divided into 8 judicial divisions Voters in each district elect judges to an 8- year term---total of 91 The Governor appoints about 15 special superior court judges who serve as needed across the state.

Superior courts The Constitution of North Carolina guarantees all defendants the right to a trial by jury Because of this those who are found guilty of misdemeanors in district court can request an entirely new trial by jury in a Superior Court.

Clerk of superior Court Establishes validity of wills and conducting the sale of property to pay an owner’s debts, know as foreclosure.

Magistrates Each county has at least one magistrate These people issue search warrants Hold pretrial hearings Accept some guilty pleas and try some misdemeanor cases Try “small Claims” cases

District Attorney Voters in each of the state’s 39 court districts also elect a district attorney. Represents the state in all criminal cases in district and superior court Eligible for 4-year terms

District Public Defender The State of NC provides lawyers for those accused of crimes who are unable to pay for their own lawyer. Full-time state employee

North Carolina Court of Appeals 15 judges who sit in panels of 3 judges 2 of the three judges must agree in order to reach a decision Elected by the people for 8 year terms

North Carolina Supreme Court 7 Justices (including the Chief-Justice) Elected by the people to 8-year terms Decide which cases being appealed should be considered Majority must agree to reach a decision Supervises all other court in NC

NC v Mann (1830) The Supreme Court of North Carolina ruled that slave owners could not be convicted for killing their slaves even from a beating. Mann had shot and wounded one of his slaves named Lydia when she struggled to escape a whipping. Mann was found guilty of battery by a jury of twelve white men drawn from his community and the court imposed a five dollar fine.

NC v. Mann The North Carolina Supreme Court overruled the conviction on the grounds that slaves were the absolute property of their owners who could not be punished at common law unless the legislature authorized such punishment. Defended the legality of slavery in N.C. Ruffin, the N.C. Supreme Court Justice, questioned the morality of slavery

Leandro v. State of North Carolina People from NC counties filed a lawsuit against the state claiming that the state was not giving their children “adequate or equal educational opportunities”. “low wealth” counties---unable to raise as much money as wealthier counties NC Supreme Court ruled that the NC Constitution does not require equal funding of education.

Leandro v. NC However, the NC Supreme Court said that the constitution does “guarantee every child of this state an opportunity to receive a sound basic education in our public schools”. At risk students.