Welcome to class… Welcome to class… What are the 3 branches of the What are the 3 branches of the national government? What is national government? What is the main job of each branch? the main job of each branch? What rights does the Declaration What rights does the Declaration of Independence think we all of Independence think we all have? have? What rights are listed in the What rights are listed in the Bill of Rights? Bill of Rights?
Transcript
Welcome to class…Welcome to class…What are the 3 branches of the What are the 3 branches of the
national government? What is national government? What is the main job of each branch?the main job of each branch?
What rights does the Declaration What rights does the Declaration of Independence think we all of Independence think we all
have?have?
What rights are listed in the Bill What rights are listed in the Bill of Rights?of Rights?
Sections of the NC ConstitutionSections of the NC Constitution PreamblePreamble Declaration of Rights Declaration of Rights Outline of the framework of governmentOutline of the framework of government Listing powers & responsibilities of the Listing powers & responsibilities of the
statestate Rules for local governmentsRules for local governments Details on how to amend the constitutionDetails on how to amend the constitution
NC ConstitutionNC Constitution US ConstitutionUS Constitution Preamble: “We the Preamble: “We the
people of the State people of the State of NC”of NC”
Declaration of Rights: Declaration of Rights: 25 guarantees of 25 guarantees of freedom & principles freedom & principles which the which the Constitution is based Constitution is based (life, liberty, (life, liberty, enjoyment of fruits of enjoyment of fruits of labor, & pursuit of labor, & pursuit of happiness)happiness)
• Preamble: “We the Preamble: “We the People of the US”People of the US”
• Bill of Rights: 10 Bill of Rights: 10 guarantees of guarantees of freedomfreedom
• Declaration of Declaration of Independence: Independence: principles which the principles which the Constitution is Constitution is based upon (life, based upon (life, liberty, and the liberty, and the pursuit of pursuit of happiness)happiness)
Key PrinciplesKey Principles
Popular sovereignty: the people have Popular sovereignty: the people have the right to rule & are the source of the right to rule & are the source of powerpower
Separation of powersSeparation of powers: divides : divides government power into 3 branchesgovernment power into 3 branches
Checks and balances: each branch has Checks and balances: each branch has some kind of control over the other some kind of control over the other branchbranch
Example?Example?
Purposes of the NC ConstitutionPurposes of the NC Constitution
1. to protect the 1. to protect the rights of the rights of the individualindividual from state power from state power
2. to provide a framework of 2. to provide a framework of government for the stategovernment for the state
Amendments: 1971 Constitution Prohibiting all poll taxes. Creating a state income tax to be
computed on the same basis as the federal income tax
Allowing the Governor to serve two consecutive terms (previously, office holders were limited to one term).
Requiring the state run a balanced budget.
Requiring judges to be lawyers. Giving the Governor the veto power
Equal ProtectionEqual Protection The 14The 14thth Amendment to the US Constitution Amendment to the US Constitution
defines a citizen as anyone born or naturalize in defines a citizen as anyone born or naturalize in the US (the US (ensured former slaves’ citizenshipensured former slaves’ citizenship))
It also requires every state to grant each citizen It also requires every state to grant each citizen “equal protection of the laws” (to be “equal protection of the laws” (to be treated treated the samethe same way under the law) way under the law)
Article I, Section 19 of the NC Constitution Article I, Section 19 of the NC Constitution guarantees this equal protection and outlaws guarantees this equal protection and outlaws discrimination based on race, color, religion, or discrimination based on race, color, religion, or national origin national origin
Which groups were left out of this equal Which groups were left out of this equal protection?protection?
NC Legislative BranchNC Legislative Branch
Official name is the Official name is the General General AssemblyAssembly
Bicameral (2 houses), made of both Bicameral (2 houses), made of both the House of the House of RepresentativesRepresentatives and and the the SenateSenate
How many members in each house?How many members in each house?• Senate: Senate: 5050 members members• House of Representatives: House of Representatives: 120120 members members
The General AssemblyThe General Assembly
Members of the General Assembly Members of the General Assembly are elected from are elected from legislative legislative districtsdistricts of relatively equal of relatively equal population. population.
Both state senators and state house Both state senators and state house members serve members serve 22 year terms year terms
There are no term limits for members There are no term limits for members of the General Assemblyof the General Assembly
QualificationsQualifications
Eligibility for the NC house: Eligibility for the NC house: 2121 years years old and must have lived in the old and must have lived in the district for at least district for at least 11 year year
Eligibility for the NC senate: Eligibility for the NC senate: 2525 years years old; must have lived in NC for at least old; must have lived in NC for at least 22 years and in the district for at least years and in the district for at least 11 year. year.
Leadership in the General AssemblyLeadership in the General Assembly
Leadership of the NC house: elects a Leadership of the NC house: elects a SpeakerSpeaker that presides over the that presides over the House and makes key appointmentsHouse and makes key appointments
Leadership of the NC senate: elects a Leadership of the NC senate: elects a president pro temporepresident pro tempore who who presides over the Senate and makes presides over the Senate and makes key appointmentskey appointments
Lieutenant Governor: Lieutenant Governor: presidentpresident of of the Senate, but only votes if there is the Senate, but only votes if there is a tiea tie
Legislative SessionsLegislative Sessions The General Assembly meets in the The General Assembly meets in the
legislative building in Raleighlegislative building in Raleigh In even-numbered years, they meet In even-numbered years, they meet
for a “for a “short sessionshort session”, which begins ”, which begins in May and usually only lasts 6 weeks in May and usually only lasts 6 weeks
In odd-numbered years, they meet In odd-numbered years, they meet for a “for a “long sessionlong session”, from Jan-June”, from Jan-June
They may also meet for special They may also meet for special sessions if called by the Governorsessions if called by the Governor
Lawmaking & Other DutiesLawmaking & Other Duties The General Assembly makes 2 types The General Assembly makes 2 types
of lawsof laws• general statutes: general statutes: laws that apply laws that apply
statewide statewide • special laws: apply only to specific special laws: apply only to specific
counties or citiescounties or cities The General Assembly also providesThe General Assembly also provides
• legislative oversight: reviewing legislative oversight: reviewing government operationsgovernment operations
• elect members of the elect members of the University of University of North Carolina Board of GovernorsNorth Carolina Board of Governors
• impeaching & trying judges and members impeaching & trying judges and members of the Council of Stateof the Council of State
How a Bill Becomes a LawHow a Bill Becomes a Law
Anyone can draft a bill, but a Anyone can draft a bill, but a member of the General Assemblymember of the General Assembly must introduce the bill. must introduce the bill.
After the bill is introduced, it is After the bill is introduced, it is assigned to a assigned to a committeecommittee to be to be studied and revisedstudied and revised
If it passes through the committee, it If it passes through the committee, it is recommended to the is recommended to the floorfloor of of either the Senate or the House for either the Senate or the House for debatedebate. .
If the bill is passed in one house, it If the bill is passed in one house, it goes to goes to the other housethe other house
If the other house changes the bill, If the other house changes the bill, then a then a conference committeeconference committee resolves the difference between the resolves the difference between the versions of the bill. versions of the bill.
Then, the bill must be signed by the Then, the bill must be signed by the Speaker of the HouseSpeaker of the House and the and the President pro temporePresident pro tempore of the of the Senate Senate
Finally, the bill must signed by the Finally, the bill must signed by the GovernorGovernor for it to become a law. for it to become a law.
The General Assembly can override The General Assembly can override the veto with a 60% vote for the billthe veto with a 60% vote for the bill
NC Executive BranchNC Executive Branch
Head/Chief Executive: the Head/Chief Executive: the GovernorGovernor Serves Serves 44 year termsyear terms Can serve only Can serve only 2 2 consecutive termsconsecutive terms After 2 terms, can sit out for a term, After 2 terms, can sit out for a term,
and then run againand then run again• Governor Jim Hunt served a total of 4 Governor Jim Hunt served a total of 4
termsterms
Governor’s ResponsibilitiesGovernor’s Responsibilities 1. appoints 1. appoints key state officialskey state officials 2. coordinates the work of most state 2. coordinates the work of most state
agenciesagencies 3. administers the 3. administers the state budgetstate budget 4. proposes a state budget and other 4. proposes a state budget and other
• What is this?What is this? 6. represents North Carolina when dealing 6. represents North Carolina when dealing
with other states and the federal with other states and the federal government government
Qualifications Qualifications Qualifications for Governor: Qualifications for Governor: 3030 years years
old, a US citizen for at least old, a US citizen for at least 55 years, years, and resident of NC for at least and resident of NC for at least 22 years (immediately prior to election)years (immediately prior to election)
Lieutenant Governor: 4 year terms; Lieutenant Governor: 4 year terms; same qualifications as Governor same qualifications as Governor because automatically succeeds because automatically succeeds governor if something happens to governor if something happens to the Governorthe Governor
Lieutenant GovernorLieutenant Governor Serves as president of the state Serves as president of the state
senate and serves on various senate and serves on various commissions or boardscommissions or boards
Sometimes works closely with the Sometimes works closely with the Governor, but not alwaysGovernor, but not always
The Governor & Lieutenant Governor The Governor & Lieutenant Governor run for office separately, so they can run for office separately, so they can be from be from different political partiesdifferent political parties• Unlike the President & VPUnlike the President & VP
Council of StateCouncil of State Voters of NC also elect the heads of Voters of NC also elect the heads of 8 state 8 state
agenciesagencies. These state executives are called . These state executives are called the Council of Statethe Council of State
4 year terms; unlimited # of terms 4 year terms; unlimited # of terms Each Council of State agency head is Each Council of State agency head is
responsible for deciding how to carry out the responsible for deciding how to carry out the programs of the General Assembly assigned programs of the General Assembly assigned to that department. to that department.
Each member has a specific area of Each member has a specific area of responsibility (almost like the President’s responsibility (almost like the President’s cabinet), but they are completely cabinet), but they are completely independentindependent of the governor of the governor
Governor & Council of State Governor & Council of State RelationshipRelationship
Positive effects: allows voters Positive effects: allows voters more more choicechoice; can elect people who may ; can elect people who may share their views on specific issues share their views on specific issues such as education, agriculture, etc, such as education, agriculture, etc, rather than having to elect 1 personrather than having to elect 1 person
Negative effects: can lead to an Negative effects: can lead to an uncoordinateduncoordinated state government; state government; voters may not know enough about voters may not know enough about the agencies to make an informed the agencies to make an informed choicechoice
NC Judicial BranchNC Judicial Branch Trial Courts:Trial Courts: closest to the people of NCclosest to the people of NC DistrictDistrict Courts: handle civil cases Courts: handle civil cases
(disputes) less than $10,000 and minor (disputes) less than $10,000 and minor crimes (crimes (misdemeanorsmisdemeanors))
SuperiorSuperior Courts: handle civil cases more Courts: handle civil cases more than $10,000 and major crimes (than $10,000 and major crimes (feloniesfelonies) )
Those found guilty of misdemeanors Those found guilty of misdemeanors (minor crimes) in a district court can (minor crimes) in a district court can request another trial in a Superior Court. request another trial in a Superior Court.
The voters of each district elect judges for The voters of each district elect judges for 4 year terms. 4 year terms.
Other Judicial OfficersOther Judicial Officers Clerk of superior court: establish Clerk of superior court: establish
validity of wills and conduct sale of validity of wills and conduct sale of property to pay an owner’s debts property to pay an owner’s debts (foreclosure)(foreclosure)
Magistrate: issue warrants Magistrate: issue warrants District Attorney: represent the state District Attorney: represent the state
in all criminal casesin all criminal cases Public Defender: lawyer appointed by Public Defender: lawyer appointed by
NC for people who cannot pay for NC for people who cannot pay for oneone
Higher NC CourtsHigher NC Courts
Appellate Courts:Appellate Courts: hear disputes hear disputes about whether the decision of a trial about whether the decision of a trial court should be overturnedcourt should be overturned
NC Court of AppealsNC Court of Appeals voters elect voters elect 15 appeals court judges. They hear 15 appeals court judges. They hear the cases in groups of three. 2 of the the cases in groups of three. 2 of the 3 judges must agree to the decision.3 judges must agree to the decision.
NC Supreme CourtNC Supreme Court: interprets the : interprets the NC Constitution and NC lawsNC Constitution and NC laws
NC Supreme CourtNC Supreme Court
Voters elect the chief justice and 6 Voters elect the chief justice and 6 associate justices for an 8-year term. associate justices for an 8-year term.
Also hears appeals of all cases Also hears appeals of all cases involving the involving the death penaltydeath penalty
A majority of the A majority of the 77 justices must justices must agree to a decision. agree to a decision.
Their decisions are final, unless there Their decisions are final, unless there is an issue is an issue involving the US involving the US ConstitutionConstitution, then it is appealed to , then it is appealed to the US Supreme Courtthe US Supreme Court
US GovtUS Govt NC GovtNC Govt Congress Congress
House of Reps House of Reps & Senate& Senate
PresidentPresident Federal Courts: Federal Courts: 1. district 1. district
