North Carolina’s Constitution and

Government

• What is the purpose of the North Carolina Constitution?

• Why do we need one when we have a U.S. Constitution?

– Take a few minutes to think about your answer…and we will discuss.

What does the N.C. Constitution do?

– • It gives our citizens political rights such as the right to vote.

– • It establishes organization and structure.– • It allows government to provide certain public

services. (schools, public safety)– • It allows government to tax. (to pay for public

services)– • It requires government to respect the citizens of

the state and their opinions. – • It gives government and citizens the right to

amend it.

Why is the Preamble to the NC Constitution important?

– • It acknowledges the state’s purpose in “the preservation of the American union.”

– • It recognizes “civil, political, and religious liberties.”

What is the Declaration of Rights?

• Unlike the Constitution of the United States, whose Article I discusses legislative power, the NC Constitution’s Article I is a Declaration of Rights.

• Adopted in 1776• This Declaration of Rights has 37

sections and provides for such things as “the equality and rights of persons,” “the sovereignty of the people,” and “rights of the accused.”

NC GOVERNMENT

• EXECUTIVE BRANCH: CARRIES OUT THE LAWS.

• GOVERNOR: THE CHIEF EXECUTIVE OF THE STATE AND ELECTED BY THE PEOPLE OF N.C. TO A 4 YEAR TERM.

• LIEUTENANT GOVERNOR: STATE’S SECOND HIGHEST EXECUTIVE OFFICE.

» ONLY ELECTED OFFICIAL WHO HAS POWERS IN BOTH LEGISLATIVE AND EXECUTIVE BRANCHES OF STATE GOVERNMENT.

» Has power to break a tie vote in Senate

Pat McCrory– GOVERNOR OF NORTH CAROLINA

LT. GOVERNOR OF N.C.Dan Forest

LEGISLATIVE BRANCH

• The legislative branch creates laws or (statutes).

• The legislative branch has two houses (the senate and the house of representatives) called the

GENERAL ASSEMBLY• Each legislator represents a district

What is the Legislative Branch in the Federal Government referred to as?

LOCAL GOVERNMENT

• The state is divided into counties• Each county has a county board of

commissioners.• The residents in that county elect the commissioners.

• They may serve up to two four year terms. (who else can serve up to 2 – 4 year terms?)

• Example: handle requests to change zoning regulations.

Another level of local government

• City Government• 2 types

– 1. Council-Manager: an elected city council is responsible for making policy, adopting ordinances and approving a budget

– 2. Mayor-Council: The mayor represents the city and is not a member of the city council. The city council makes the laws for the city.

**In both systems the city council sets policy, enacts laws and adopts the city’s yearly budget.

Terms…• Alderman: represents city districts and works with the Mayor to run the

city government.

• Township: Subdivision of a county

• Metropolis: set of adjacent municipalities that function together as one• Example: Charlotte and surrounding towns form a metropolis.

• Charter: A document that gives a city or town authority to act as a local government and explains how a city or town will be governed

• Incorporation: The creation of a new town or city by act of the General Assembly.

• Ordinance: regulation enacted by a city government.

Examples: noise control, human rights matter

Law Enforcement

•Sheriff: county’s highest elected law enforcement officer. Oversee jail, provide courthouse security and transporting prisoners.

•Chief of Police: commanding officer of the city’s police department. This is an appointed position.

Things to remember…

• N.C. became a state in 1789

• The Constitution sets up a structure of state and local government.

• Has many features as the Federal Constitution, such as separation of powers, preamble and checks and balances.

THE GOVERNOR & STATE

ADMINISTRATION

What does the Governor do?

– Elected to a 4 year term (NC Constitution limits the Governor to two consecutive terms)

– He/she appoints key state officials and works with state agencies and administers the state budget.

– The Governor has an appointed cabinet (Who else has an appointed cabinet?)

– The Governor can grant clemency and pardons and has sole authority in this process.

– The Governor can veto legislation passed by the General Assembly.

– The Governor represents North Carolina.

What does the Lt. Governor do?

– • North Carolina elects a Lieutenant Governor for a four-year term.

– • The Lt. Governor succeeds the Governor if necessary.

– • The Lt. Governor presides as President of the Senate.

– • This individual may or may not work closely with the Governor.

– Elected separately from the governor

Council of State (Please draw this graph)

PositionPosition DutiesDuties

What is the Council of State?

The Council of State is composed of the Governor, the Lt. Governor, and eight other individuals elected by NC voters at the state level.

-This is different than the governor’s cabinet. Cabinet is appointed, Council of the state is elected.

Council of State

– o Attorney General: Oversees the Department of Justice, which provides legal advice and representation to state government departments and agencies, protects consumers, and runs the State Bureau of Investigation.

– o Commissioner of Agriculture: Oversees agricultural research and the safety of agricultural products.

Council of State

– o Commissioner of Insurance: Regulates the state’s insurance companies

– o Commissioner of Labor: Regulates worker safety and employment

– o Secretary of State: Facilitates the state’s business activities and manages the state’s official records

Council of State Continued…

– o Superintendent of Public Instruction: Oversees NC’s public school system

– o State Auditor: Reviews (audits) the performance of other state departments

– o State Treasurer: Manages NC’s money $$$$

• All of these individuals serve four-year terms and appoint staff within their own agencies.

• • Each of these individuals acts under policies and procedures decided by the General Assembly and decides how to carry out these practices.

• • The Council of State acts independently of the Governor, the Lt. Governor, and one another, so conflict is possible.

Structure of City Government of Charlotte

Mayor – Patsy KinseyCity Council- 11 Member

CourtsRemember,

CharlotteCharlotte is a Weak mayor council system

• COUNCIL OF STATE – ELECTED BY THE PEOPLE

• GOVERNOR’S CABINET – APPOINTED BY GOVERNOR (ex. Secretary of Correction/Prisons, Secretary of Transportation, Secretary of Health & Human Services)

Important Terms…

• Incorporation: The process by which a state establishes a new city.

• Charters give cities a license to be a city

• When a community is not incorporated, it is governed by the county.

Important Terms…

• Gerrymandering: The deliberate redrawing of district lines to the advantage/disadvantage of a party or group.– Concentrate the opponent’s voters– Spread opponent’s voters as thinly as possible

**The word "gerrymander" is named for the Governor of Massachusetts Elbridge Gerry and is a blend of his name with the word "salamander” which was used to describe the appearance of a tortuous electoral district pressed through the Massachusetts legislature in 1812.

• Annexation: taking possession of territory if. (in N.C. the state allows municipalities to annex w/o voter approval)

• Political Corruption: the use of public office for private gain.

–Examples: bribery, corruption

Cities & Metro Areas

• America’s Rural –Urban Shift– A. 1790: 5% of Americans lived in cities;

today over 80% of people live in metropolitan areas.

– B. Caused by the Industrial Revolution– C. Inventions lessened the need for labor on

farms

Examples: Textile Machinery, Seed Drill

City Planning

–A. Most American cities developed in a haphazard way.

–B. Many cities form a planning commission to make order out of the mess

–C. Zoning: A process where cities assign specific areas of the city (residential, commercial and industrial)

Suburbs• Cars & Freeways had the effect of

allowing people to move outside the city limits.

• Businesses and money followed them leaving poorer city districts

Structure of Local Government

Strong Mayor

Council-Manager

Weak Mayor

Commission

Forms of City Government

4 Different Structures

• 1. Mayor-Council (Weak Mayor): The mayor has equal voting power with all members of council. Their vote may act as a tie breaker.

*Earliest structure of American City Government from Colonists

2. Mayor-Council (Strong Mayor): Mayor has veto power on the decisions of the Council. They also appoint city officials and have power over the city budge.

When cities changed from weak to strong mayor it led to corruption in some places.

Most famous case in NY – Tammany Hall from 1850’s – 1930’s.

3. Commission: Each council member is in charge of a different city department. The mayor’s vote carries the same weight as each of the Commissioners’ votes.

4. Council-Manager: In cities with a council manager plan, a manager is appointed by the city council to run city departments. The mayor leads the city politically and the manager directs the city’s daily operations.

Ex: Oklahoma City, OK.

Writing Prompt

*In your opinion, which structure of local Government is most efficient? Please explain your answer.

* Please describe one advantage/disadvantage for each type of city government.

State & Local Services

Department of Health & Human Services

• 20% of state’s budget

–Handle aging, child development, mental health and social services

Parks & Recreation

• Part of N.C. Department of Environment & Natural Resources

–Preserves all state parks & recreation areas

Department of Transportation

• Plans, constructs, maintains & operates the N.C. transportation system.

• Includes aviation, ferries, buses, railroads & highways

• Also, driver’s licenses & registration

Other State & Local Services

• Education (public schools)– Largest part of the state budget

• Public Safety • Public Welfare (financial assistance)• Consumer Protection (commercials)• Regulate Business & commerce w/in

the State

State & Local Services

Parks &Recreation

Education

Public Welfare Public Safety

Highways(DOT)

Consumer Protection

Regulate Business

State &Local

Services

Registrar of Deeds

• Elected by citizens of the county for a 4 year term.

• Serves as manager of public records– Examples: deeds, powers of attorney,

maps, issues marriage licenses & birth & death certificates

N.C. Landmark Supreme Court Cases

• State v. Mann (1829)

• A lower court convicted a slave owner, John Mann of killing one of his slaves. The N.C. Supreme Court overruled the conviction.

Supreme Court Decision

– Slave owners could not be guilty of murder for killing their slaves, because slaves were considered property.

N.C. Landmark Supreme Court Cases

• Leandro v. North Carolina: 1997– This case considered whether the state’s

distribution of funds among school districts was sufficient and fair.

– Families from five poorer, largely African American counties originally filed suit.

Supreme Court Decision

All North Carolina children have a right to the “equal opportunity to receive a sound basic education”.

N.C. Landmark Supreme Court Cases

• Swann v. Charlotte-Mecklenburg

– About the CMS school district and subject of school busing.

SUPREME COURT DECISION

– 1971- CMS district became the first to undergo court-ordered busing to desegregate classrooms.

Reforming & Amending

• Local act: law limited in application to a particular county or city

• Example: Ordinance

• Initiative: A process by which a certain number of qualified voters sign petitions in favor of a proposal, which goes directly to the ballot.

• Citizens in 17 States can use an initiative to propose amendments to State constitution.

• This could be anything from Marriage laws to Alcohol laws.

• Referendum: A process by which a legislative measure (law or bill) is referred to the State’s voters for final approval or rejection, put forth by the Governor or General Assembly. *** (direct popular vote)– 1. Two types

– A. Mandatory: requires the legislature refer the measure to the voters (people).

» Example: Amendments to the State Constitution, Borrowing Money

– B. Optional: Legislature voluntarily offers measure to voters. Issues are usually “hot potato” issues. These are issues that politicians themselves would rather not take responsibility for deciding themselves

» Example: School Bonds

Which box does not have a characteristic of a Referendum?

Direct Popular vote on an issue of Public Policy.

Often used at the National level.

Vote on constitutional amendments put forth by the General Assembly or Governor.

Review…

Which state agency is the largest in the state of North Carolina?A. Department of Health & Human Services

B. Division of Parks and Recreation

C. Registrar of Deeds

D. Department of Transportation