NC State GovernmentNC State Government

• 3 Branches and a Declaration of Rights

-Federalism-

• _____________ between the

national and state governments

• These powers are listed below:

-ENumerated Powers:

• National gov’t powers

-ReServed Powers-

• ______ powers

-CONcurrent Powers- ___________...

-Supremacy Clause-ntl law and st law conflict... National is supreme!

-State Constitutions-yes, we have one

-Federal-State Cooperation-must work together to have order and protection of citizens!

State Executive Branch

-Governor– (P)

• ___ year term

• ___ consecutive term limit

• at least 30 years old

-Lieutenant Governor (VP)

• must meet same requirements

• In place to take over if need be

• Few duties

• ** ___________________

• Some states the Lt. Governor and Gov run as a team

State Executive Branch

-Same Roles as President

• Executive

•Most Important role

•Responsible for carrying out laws of the state

• Legislative

•State’s chief legislator

•Gets to play a part in the Legislative process

•Suggest new bills

•Try to persuade the Gen. Assembly to pass them

•Power to veto

•Commander•Commander in chief•In charge of National Guard (State militia)

•Party •Leads the political party in the state

•Judicial•Offers pardons, reprieves, grants paroles

•State•Chief of State•Ceremonial•Greets important visitors•Represents the state

State Executive Branch

-State Executive Departments and Agencies

• Governors have a ______ (like the pres)

• Top officials in charge of executive departments for state

• Some are ______/some are appointed

-10 major Executive Departments(appointed)

-8 __________Departments(elected)

Examples:

•_________- manage elections

•Attorney General- represents the state in lawsuits. Gives legal advice to governor, state agencies and L branch

•__________- collects taxes, invests state funds

•___________-responsible for building and maintaining roads, bridges, public buildings...

Council of StateCouncil of StateElected; Works with not for Governor• Lt. Governor: Dan Forest• Sec. of State: Elaine Marshal; ensures

businesses follow regulations and tries to entice business to state

• ________: Beth Wood; reviews use of tax money

• State Treasure: Janet Cowell; oversees retirement fund and state deposits

• ______________: Jane Atkinson; in charge of education; DPI

• Attorney General: Roy Cooper; represents state; lead prosecutor

• ______________: Steve Trexler; ag. policy• Labor Commissioner: Cherie Berry; labor

policy and trends• Insurance Commissioner: Wayne Goodwin;

ensure compliance and helps create policy

Questions• How is this different

then the Federal Executive Branch

• Why would you elect these officials?

• What does it say about the role of State government in your life?

State Legislative Branch

-Very similar to Congress

• (called _____________in NC)

• NC Senate-50 NC House 120

• 2 year Terms

• no limits

-Legislatures can be based only on Population

• Reynolds v. Sims

• “One man, One vote”

What the heck is a Gift List?What the heck is a Gift List?• This "No Gifts List" is maintained for Members

who indicate their desire that no gift items be delivered to their offices located in the Legislative Building or Legislative Office Building.

Currently gifts from lobbyist or lobbyist principals will now be covered in the new ethics law –

• G.S. 138A-32 (c) No public servant, legislator, or legislative employee shall knowingly accept a gift, directly or indirectly, from a lobbyist or lobbyist principal as defined in G.S. 120C-100.

Committee SystemCommittee System• Similar system• For Full list:

http://www.ncleg.net/gascripts/Committees/Committees.asp

• Speaker of House: Thom Thillis• Leadership system same as Fed.

State Legislative Branch

-State Congressmen/women

varying requirements, full time job

NC House-21, NC Senate 25

-Law Passing Process very similar to Congress

-Budget Problems are greatest concerns

-Leandro case involving school funding(1995) Is there a baseline level of education to which all children in North Carolina are constitutionally entitled, and if so, what is it?

Who is responsible for providing this baseline level of education? and

Upon answering the former two questions, what are the parameters that the constitutionally responsible party must respect in providing the baseline level of education?

•

p. 652

Leandro v. State of NCLeandro v. State of NC• **The constitution does not require

equal funding but requires that every child have an opportunity to receive a sound basic education.

DistrictsDistricts

_____________ • Practice of

redrawing districts in order to favor one party

• How does gerrymandering impact the power of your vote?

State Judicial Branch

-State Courts handle all cases not given to federal jurisdiction, which is most all cases

-Most state judges are ______ officials

-elected in ___________ elections

-debate over election process

•Some people feel that judges who must run campaigns may be too concerned about the effect of their rulings on the public.

•More people pleasing than administering the law impartially!

Judges can be removed from office by impeachment or committee votes or state supreme court can suspend or remove judge!

Appellate Courts:

Panel of judges hears appeals

General Trial Courts:Judges or Judge and Jury hear criminal and civil

cases

Lower courts:Justice Courts-rural and small towns

Magistrate Courts-larger towns, small cities

Municipal Ct-larger cities-traffic, juvenile, misdemeanors

State Supreme Court: Panel of judges hear appeals from lower courts.

State Judicial Branch-Lower State Courts–

misdemeanor cases, family law and small civil suits—judge only

-Higher State Courts– felony cases, large civil suits—jury trials

-trial courts, county court, district court

-Appellate Courts

-State Supreme Courts

http://www.nccourts.org/

NC District CourtsNC District Courts• Trial Court aka District Courts: 4 categories,

1. civil, 2. criminal, 3. Juvenile4. Magistrate

• Civil cases such as divorce, custody, child support and cases involving less than $10,000 are heard in District Court

• And criminal cases involving misdemeanors and infractions. • The trial of a criminal case in District Court is always without a

jury. • The District Court also hears juvenile cases involving children

under the age of 16 who are delinquent and children under the age of 18 who are undisciplined, dependent, neglected or abused.

• Magistrates accept guilty pleas for minor misdemeanors, accept guilty pleas for traffic violations and accept waivers of trial for worthless-check cases etc…

• In civil cases, the magistrate is authorized to try small claims involving up to $5,000 including landlord eviction cases.     

Court of Appeals of NCCourt of Appeals of NC• The Court of Appeals is this state’s only

intermediate appellate court. • 15 judges sit in rotating panels of 3, deciding only

questions of law on every case appealed from the Superior and District courts except death penalty cases.

• Appeals can range from a parking ticket case to murder case.

• In fiscal year 2003-2004, more than 1,750 cases were filed with the Court of Appeals.

• Cases in which there is a dissent in the Court of Appeals go to the Supreme Court as well as to those that the Supreme Court accepts for review through petition.

• Court of Appeals judges serve eight-year terms

Supreme Court of NCSupreme Court of NC• The Supreme Court of North Carolina is

the state's highest court• There is no further appeal in the state

from their decisions. • This court has a chief justice and six

associate justices who sit together as a panel in Raleigh.

• The Supreme Court has no jury, and it makes no determination of fact

• What does it do?– It considers error in legal procedures or in

judicial interpretation of the law.

QuestionsQuestions• Should judges be elected? Why or

Why Not.• How are you impacted by state

government?