1. Unit VI – State and Local Government Part I – North Carolina State Government

3. When did delegates first meet to write a constitution for North Carolina?  1776

4. What did the Halifax Resolves Declare?  April 12, 1776  Called for total independence from Great Britain

5. How many Constitutions has North Carolina had? 3333

6. When was the current NC Constitution adopted  1971

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

8. Constitution of 1868  Abolished slavery  All citizens 21 and older could vote

9. 1971  Present Constitution adopted  Guaranteed “all elections shall be free”

10. 1972 Amendment  Lowered the voting age to 18

11. 1977 Amendment  Governor permitted to serve two consecutive four year terms

12. 1996 Amendment  Gave the governor the power to veto legislation

13. 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,…….”

14. What is the Declaration of Rights?  Article I of NC Constitution  Lists 25 guaranteed freedoms

15. What rights is guaranteed to citizens in the NC Constitution that is not guaranteed in the US Constitution?  Education

16. What principle of American democracy does Article I Section II of NC’s Constitution support?  Popular Sovereignty

17. 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

18. 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

19. 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)

20. What is the structure of NC Government  Three Branches  The Legislative Branch – makes laws  The Executive Branch – enforces laws  The Judicial Branch – interprets laws

21. N.C. Legislative Branch  Called the General Assembly  Bicameral – two chambers  NC House of Representatives  NC Senate

22. 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

23. 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

24. 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

25. N.C. Executive Branch  Chief Executive =  Governor

26. Qualifications  30 years old  US Citizen 5 Years  NC Resident 2 Years

27. Term  4 Years  Term Limit =  Only 2 consecutive

28. James B. Hunt  1977-1985 and 1993-2001

29. 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

30. NC Council of State  8 Elected Officials that head state agencies  INDEPENDENT OF GOVERNOR

31. ATTORNEY GENERAL  Overseas the SBI (State Bureau of Investigation) – States lawyer

32. Superintendent of Public Instruction  Oversees the regulation of the state’s public school system

33. State Treasurer  Manages the states money

34. The Governors Cabinet  Appointed by governor and responsible to governor

35. Department of Administration  Shapes the state budget

36. Department of Corrections  Runs prison and parole system

37. Department of Crime Control and Public Safety  Administers emergency management and NC Highway Patrol

38. Department of Revenue  Responsible for state taxes, licenses and fees (how the state makes money)

39. Chief Executive  Carries out state laws  Appoints officials  Prepares state budget

40. Legislative Leader  Proposes legislation, approves or vetoes legislation

41. Commander in Chief  In charge of military forces of the state

42. Judicial Leader  Offers Pardons – forgiveness for crimes  Grants Parole – early release from prison

43. Chief of State  Symbolic leader who speaks for the state

44. Party Leader  Leads his/her party at the state level

45. The NC Judicial Branch

46. What is the primary role of the NC Judicial Brach  Resolve disputes that arise under NC state law

47. How many levels are there in the North Carolina court sytem?  Four

48. 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

49. How does one become a NC judge?  They are elected by the citizens

50. 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

51. What are the roles of the Supreme Court of NC?  Reviews lower court cases  Interprets the state’s constitution and laws

52. State v Mann (1830)  Decision:  A slaveholder could not be prosecuted for attacking the enslaved  Upheld the NC Constitution as highest law in state

53. 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

54. Leandro Decision  State does not require equal funding of education only an equal education  “At risk” children and schools require more resources

55. 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

56. Two Types of Cases  Neglect Juveniles whose caregivers neglect or abuse them  Delinquency Cases involving juveniles who commit crimes

57. 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

58. 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

59. 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

60. 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