State and Local Government and the NC Constitution Goal 3 State and Local Government and the NC Constitution

The NC Constitution First state constitution in 1776 created by constitutional convention in NC (2/3 of delegates voted for it) Any proposed changes to the constitution are done by referendum (go to the people for a vote) Amendments pass with 3/5 vote by the state legislators in NC General Assembly

Historical Background of NC Constitution 1776 – First draft 1835 – Governors are popularly elected 1862 – Secession from the union 1868 – New Constitution drafted during Reconstruction (rejoining the union) 1971 – New Constitution updating things

Principles of the NC Constitution Popular Sovereignty Limited Government Separation of Powers Checks and Balances through 3 branches 1) General Assembly – Congress 2) Governor and Council of State 3) NC Supreme Court

Structure – Articles in NC Constitution I – Declaration of Rights II – Legislative Branch III – Executive Branch IV – Judicial Branch V – Finance VI – Suffrage and Eligibility VII – Local Government VIII – Corporations IX – Education X – Homesteads and Exemptions XI – Punishments, Corrections XII – Military Forces XIII – Convention, Amendments, Revisions XIV – Miscellaneous Know the first 4 Articles mostly

State Government Legislative Branch General Assembly - Consists of a House and Senate - Makes laws (statutes) Executive Branch - Governor can veto, line-item veto, command national guard, prepares state budget, etc. - Council of State (including Lt. Gov) elected by people - Cabinet appointed by the Governor

Judicial Branch in State Government Consists of District (misdemeanor case), Superior (felonies), Court of Appeals (appellate jurisdiction), and NC Supreme (highest in state) Courts State v. Mann – state constitution is ultimate authority and says power of master is absolute Leandro Case – state government is obligated to give all students a quality education

Controversies in State Government Annexation – city takes over outlying areas Money – state must have balanced budget Education – charter schools and public schools, as well as school busing Disaster Relief – who should provide it? Political Corruption – includes gerrymandering and other practices

State Revenue and Expenditures Taxes include: Income, Corporate, Property, Inheritance, Estate, Sales, Excise Other revenue includes permits, licenses (driving), user and disposal (waste) fees, fines, municipal bonds, and intergovernmental revenue (comes from national government through grants-in-aid)

Local Government County – commissioners (representatives), manager (head), sheriff (law head) Special District (education for example) Towns, Townships have town councils Cities – pass ordinances (laws) 1) Mayor-Council (mayor and city council with aldermen) 2) Council-Manager (manager appointed by city council, mayor is ceremonial role)