North Carolina’s Government

Goal 3

What do you know? True or False:

The NC Constitution was written before the United States Constitution.

The school year used to be six months instead of 9.

The governor has no veto power. Governors may serve more than 2 consecutive

terms. Any amendment to the state constitution must

come from the government, not the people.

The North Carolina Constitution The document was first drawn up in 1776

in Halifax, North Carolina. It has been replaced twice – once in 1868,

and again in 1971. Important changes made:

-The language was simplified-The school year was extended to 9 months-Racial segregation in schools was eliminated.

Amendments After 1971, three key amendments

(changes) were made:1. 1972 – the voting age was lowered from

21 to 182. 1977 – Governors were allowed to serve

2 consecutive terms.3. 1996 – Governors were given the right to

veto legislation.

Purposes of the Constitution Gives citizens political rights (like the right to

vote). Establishes the basic offices and procedures of

state government. Allows government to provide public services. Allows government to levy taxes. Requires respect between citizens and state

government. Gives government and citizens the right to amend

the Constitution.

Ideas Found in the Constitution Separation of Powers: The NC Constitution

calls for three separate branches – Executive, Legislative and Judicial.

Checks and Balances: Much like our Federal branches of government, the branches of state government are able to keep each other from gaining too much power.

Popular Sovereignty: The idea that government is derived from the will of the people.

Parts of the Constitution The Preamble: Acknowledges the state’s

purpose in the Union and guarantees “civil, political, and religious liberties” for citizens.

Article I: The Declaration of Rights, which ensures the freedom of citizens.

Articles II – XIV: Establish procedures for government.

The Declaration of Rights Changes that have been made:1. 1868 – Amended to pledge loyalty to the

Union; also grants the right of education to everyone.

2. 1971 – A non-discrimination clause is added.

3. 1996 – A section protecting the rights of victims of crimes was added.

How can the Constitution be Amended? There are two methods of amending the

Constitution, and both require public approval.

1. General Assembly – The General Assembly writes the amendment, votes on it, then sends it to the public for approval.

2. Convention of the People – This takes place if 2/3 of the General Assembly agrees to it. Each voting district sends a representative to the Convention to vote.

The Executive Branch The Executive Branch consists of the

Governor, Lt. Governor and Council of State and Cabinet.

Governors and Lt. Governors are elected to 4 year terms, with a maximum 2-term service.

The Council of State serve as advisors to the governor. There are 8 offices in the Council.

Council of State Eight heads of state are elected to 4-year

terms. Each head then appoints members of his

or her department. The Council of State is independent from

the Governor and Lt. Governor. This means that they all may not agree on everything.

The Legislative Branch North Carolina’s Legislative branch

consists of the General Assembly. The General Assembly includes:1. The Senate

-50 districts (50 senators)2. The House of Representatives

-120 districts (120 representatives)

The North Carolina Senate The head of the Senate is the Lieutenant

Governor. The Lt. Governor votes only when there is

a tie. North Carolina Senators vote on pieces of

legislation that affect North Carolina residents.

Each Senator votes on behalf of his/her district.

Legislative Committees Purpose: To hear ideas for legislation in a

timely and efficient manner. Committee chairs are chosen based on

seniority. Committee chairs can decide to approve

legislation they are in favor of, or they can reject legislation they oppose.

The General Assembly Three types of sessions:

Long Session: Occurs every odd-numbered year from January until they are finished.

Short Session: Occurs every even-numbered year from May until they are finished.

Special Session: Can be called by the Governor, Lt. Governor or Speaker of the House and may last for an undetermined amount of time.

The Judicial Branch The Court System of North Carolina

Court Jurisdiction Judges’ Terms

District Misdemeanor criminal cases, civil cases involving smaller amounts of money

4 years

Superior Original – Felony criminal cases, serious civil cases.Appellate – Appeals from

District Courts

8 years

Court of Appeals

Appellate – Cases heard in lower state courts.

8 years

NC Supreme Court

Appellate – Cases heard in lower state courts (including appeals)

Power of Judicial Review.

8 years

Court Cases State v. Mann

A lower state court convicted a slave owner (Mann) of killing one of his slaves.

The State Supreme Court ruled, however, that since slaves were property, Mann was not guilty of murder.

Leandro v. North Carolina The Supreme Court agreed with families from

lower-income districts that all children must have a sound education, but not equal funding.

Local Government Local governments are established by

charter, which sets up the basic government and gives authority to a city or town.

When an area is established as part of a city or town, it is said to be incorporated.

Municipal (city or town) charters can be changed by the General Assembly or by home rule amendments which are adopted by local governments.

Types of Local Government Mayor-Council

Cities are usually run under a Mayor-Council system. A mayor is elected, and consults with elected council members in order to make decisions about city government.

Strong Mayor-Council Weak Mayor-Council

Council-Manager Counties are usually run under a Council-

Manager system. A county council is elected, and they then hire a manager to run the business affairs of the county.

Statutes & Ordinances Statute: A law passed by a legislative

body. A state law.

Ordinance: A city or local law.

What is a special district, a township, a metropolis?

Special District: A unit of government that controls a specific function of government.

Example – The School Board

Township: A part of a county that has its own government (same as a city)

Metropolis: An area composed of a larger city and its suburbs

Annexation The process by which a city expands by

taking over outlying and previously independent areas.

Controversy: Those living in annexed areas are often forced

to pay new city taxes and fees, and are subject to different city laws.

North Carolina Revenues

Type of Revenue Percent of Budget

Taxes (Income, Sales, Corporate, “other”) 93%

Non-Tax Revenue 4%

Special Funds 3%

Taxes Income

Personal income tax: Tax on individual earnings

Corporate income tax: Tax on the profits of business

Sales Tax on the sale of most goods and services

Property Tax on real estate based on its value

Taxes (Contd.) Estate

Tax on the estate of someone who has died Excise

Tax on the production or sale of certain goods and services

Inheritance Tax on property when it is inherited

Non-Tax Revenue Fines

Money paid as punishment for violations Licenses

Grant permission for a fee (ex: hunting, marriage)

Permit Grants permission to perform an action (ex:

Construction) User Fee

Payment for use of a public service