Unit VI – State and Local Government Part I – North Carolina State Government
When did delegates first meet to write a constitution for North Carolina? 1776
What did the Halifax Resolves Declare? April 12, 1776 Called for total independence from Great Britain
How many Constitutions has North Carolina had? 3333
When was the current NC Constitution adopted 1971
Constitution of 1776 Adopted Dec. 18, 1776 A Declaration of Rights Bicameral legislature Executive Branch Court System
Constitution of 1868 Abolished slavery All citizens 21 and older could vote
1971 Present Constitution adopted Guaranteed “all elections shall be free”
1972 Amendment Lowered the voting age to 18
1977 Amendment Governor permitted to serve two consecutive four year terms
1996 Amendment Gave the governor the power to veto legislation
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,…….”
What is the Declaration of Rights? Article I of NC Constitution Lists 25 guaranteed freedoms
What rights is guaranteed to citizens in the NC Constitution that is not guaranteed in the US Constitution? Education
What principle of American democracy does Article I Section II of NC’s Constitution support? Popular Sovereignty
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
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
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)
What is the structure of NC Government Three Branches The Legislative Branch – makes laws The Executive Branch – enforces laws The Judicial Branch – interprets laws
N.C. Legislative Branch Called the General Assembly Bicameral – two chambers NC House of Representatives NC Senate
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
How a bill becomes a law in N.C. Put these in order: Bill is written Bill is sent to committee Bill is debated and voted on by entire chamber floor Bill is sent to other chamber Bill is sent to conference committee for final draft Sent back to both chambers for approval Sent to governor
How is the General Assembly Organized? NC House of Reps 120 Members Must be: 21 Years Old 21 Years Old US Citizen US Citizen Live in District 1 yr, Live in District 1 yr, Leadership: Speaker of the House 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
N.C. Executive Branch Chief Executive = Governor
Qualifications 30 years old US Citizen 5 Years NC Resident 2 Years
Term 4 Years Term Limit = Only 2 consecutive
James B. Hunt and
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
NC Council of State 8 Elected Officials that head state agencies INDEPENDENT OF GOVERNOR
ATTORNEY GENERAL Overseas the SBI (State Bureau of Investigation) – States lawyer
Superintendent of Public Instruction Oversees the regulation of the state’s public school system
State Treasurer Manages the states money
The Governors Cabinet Appointed by governor and responsible to governor
Department of Administration Shapes the state budget
Department of Corrections Runs prison and parole system
Department of Crime Control and Public Safety Administers emergency management and NC Highway Patrol
Department of Revenue Responsible for state taxes, licenses and fees (how the state makes money)
Chief Executive Carries out state laws Appoints officials Prepares state budget
Legislative Leader Proposes legislation, approves or vetoes legislation
Commander in Chief In charge of military forces of the state
Judicial Leader Offers Pardons – forgiveness for crimes Grants Parole – early release from prison
Chief of State Symbolic leader who speaks for the state
Party Leader Leads his/her party at the state level
The NC Judicial Branch
What is the primary role of the NC Judicial Brach Resolve disputes that arise under NC state law
How many levels are there in the North Carolina court sytem? Four
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 judge? They are elected by the citizens
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
What are the roles of the Supreme Court of NC? Reviews lower court cases Interprets the state’s constitution and laws
State v Mann (1830) Decision: A slaveholder could not be prosecuted for attacking the enslaved Upheld the NC Constitution as highest law in state
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
Leandro Decision State does not require equal funding of education only an equal education “At risk” children and schools require more resources
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
Two Types of Cases Neglect Juveniles whose caregivers neglect or abuse them Delinquency Cases involving juveniles who commit crimes
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
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
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
Diagram of NC Court System NC Supreme Court NC Courts of Appeals NC Superior Courts District Courts Civil, Traffic, Magistrate and Misdemeanors Appeals involving the Death Penalty (Capital Punishment) Appeals involving Civil or criminal decisions