North Carolina’s Constitution and Government Comp. Goal #3: Analyze how state and local government is established by the North Carolina Constitution

North Carolina’s Constitution and Government

Comp. Goal #3: Analyze how state and local government is established by the

North Carolina Constitution

Comp. Goal #3: 3.01 & 3.02

• Objective 3.01: Identify the principles in the North Carolina Constitution and local charters.

• Objective 3.02: Explain how the North Carolina Constitution and local charters define the framework, organizations, and structure of government in the state and local level

Lesson 13: North Carolina and Government

• The North Carolina Constitution– Constitutions establish a framework that

the state uses to guide the government into the future as well as in the present.

– The authors of the NC Constitution gave it flexibility.

• Constitutional language is open to interpretation.• The Constitution may be changed by an

amendment

Lesson 13: North Carolina’s Constitution and Government

– NC Constitution can be amended in two ways

• By a majority vote of a “convention of the people.”

• By a proposal that has passed by a 3/5 vote in both houses of the General Assembly & then received a majority of votes from the people.


– The Declaration of Rights in the NC Constitution comes after the preamble and before the articles.

• Makes clear that the state should retain some sovereignty.– Declares that the “essential principles of liberty

and free government be recognized & established”

– Also says that the relation of the state to the United States be ‘defined and affirmed” by the constitution that follows


– Popular Sovereignty: The government’s created by and subject to the will of the people.

• People have the ability to adopt their own basic law, or constitution, and propose and adopt amendments to the basic law.

• In United States history, the term popular sovereignty refers to the rights claimed by states to make their own laws, especially about whether the territory would rejects the practice of slavery.


– Limited Government is one of the philosophies that shaped the U.S. Constitution & other state Constitutions.

• Government is limited to preserve the liberty of citizens.

• Limited govt. is a govt. where powers exerted by that government are restricted by law.– Comes from the idea of popular sovereignty is the

citizens are sovereign, then the powers they allow their government detracts from their own Freedom.


– Govt. is limited as well by the separation of powers.

• The N.C. Constitution divided the authorities & responsibilities of govt. among the legislative branch, executive branch, and judicial branch.– The officials of each branch are selected by

election or appointment.– They serve different terms of office – Gov. serves a four-year term

» Each branch may choose to block the actions of the other branches through a system of Checks and Balances


» This system makes sure that no single branch of government is too powerful.

» Each branch of government can limit the power of the other branches.

NORTH CAROLINA GOVERNMENT

– The Executive Branch of government carries out laws.

• The Governor is the Chief executive of the state and is elected by the people of North Carolina to a four-year term. – He or She may be elected to one additional,

consecutive four-year term


» The lieutenant governor is the state’s second-highest executive office.

» Lieutenant Governor is the only elected official who has powers in both the legislative and executive branches of state government

» Lieutenant governor is the president of the state senate and directs the debate of bills on the senate floor.


• The Legislative Branch– Creates laws (statutes @ state level)

• All laws passed by the state legislature (General Assembly) are subject to the due process clause in the Federal Constitution’s (U.S. Constitution) 14th Amendment and the Bill of Rights.

– Provide protections for all citizens


• The General Assembly– 2 Houses

• Senate = 50 Members– The President of the Senate directs the Senate and is

elected from its membership

• House of Reps = 120 Members– A speaker of the house, who is elected from its

membership, directs the House of Reps

• Each legislator represents a district.• At the beginning of each session, the president of the

senate & the Speaker appoint members to serve on standing committees of each body, covering such areas as the budget and the environment

Local Government

• NC has many forms of local govt.• State is divided into counties (100), and 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– The county board of commissioners is comprised of two to

seven commissioners, depending on the county.– The board of commissioners acts as an agent of the state by

administering statewide programs and makes rules to meet the needs of the citizens of the county.

Local Government

• Another level of local government is the city government.

• NC has two types of city governments;– Council-manager: an elected city council is

responsible for making policy, adopting ordinances (local laws), and approving a budget

– The mayor acts as a member and presiding officer of the council

Local Government

– 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 city policy, enacts laws, and adopts the city budget each year.

Local Government

• Aldermen represent city districts and work with the mayor to run the city government.

• Counties and cities may contain Special Districts.– They provide specialized services within the

special districts, usually paid for by taxes from it residents.

Local Government

• A township is another form of local government.– It is a subdivision of a county

• A metropolis is a set of adjacent municipalities that function together as one.– Charlotte and its surrounding towns form a

Metropolis

Local Government

• An Ordinance is a regulation enacted by a city government.– Ordinances may cover quality of life issues like noise control,

or fundamental matters like human rights

• A school board is a council of a local school district.– Some districts elect school board members, while other

appoint them. – The council helps determine educational policy in a city or

county. – Most school boards in NC have five to twelve elected

members.

Law Enforcement

• The Sheriff is a county’s highest elected law-enforcement officer.– Duties depend on the size of the county eh or she has

jurisdiction over.• In some, a sheriff’s powers are limited to such duties as

overseeing the jail, providing courthouse security, and transporting prisoners.

• In others, the sheriff is the most powerful law enforcement figure.

• In cities, the chief of police is the commanding officer of the city’s police department.

• The chief of police is an appointed position.

Checks and Balances in North Carolina’s Constitution

• Objective 3.03= Explain how the state constitution grants and limits the authority of public officials and government agencies.

• Objective 3.04= Describe how the state constitution and local charters may be changed, and analyze the impact of specific changes.

• Objective 3.05= Analyze court cases that illustrate that the N.C. Constitution is the law of the state.

State and County Agencies

• State agencies are the boards, commissions, departments, and offices in the executive branch of the state government.– Responsible for:

• Execution of the laws created by the General Assembly.

• The heads of the various state agencies are either elected statewide or appointed by the governor, the state’s chief executive.


• Each state agency has its own area of jurisdiction, budget, and employees.– State agencies help set up and carry out

policy, some have regulatory and enforcement duties.

– Actions of these agencies are subject to administrative and judicial review.


• NC Department of Health and Human Services: – Largest state agency– Annual budget is +20% of the state’s total

budget.– Secretary appointed by the governor– Divided into 24 divisions and offices

• Division of aging, child development, mental health, and social services.


• Division of Parks and Recreation:– Large part of NC Department of Environmental and

Natural Resources.– Maintains and preserves all of NC state parks and

recreation areas.• NC Dept of Transportation:

– Plans, constructs, maintains, and operates the NC transportation system

– System includes aviation, ferries, buses, railroads, and highways.

– Also, licenses drivers and registrars motor vehicles


• Citizens of each county in NC elect a registrar of deeds for a four-year term.– The registrar of deeds serves as manager of

a large number of public records.• Legal documents such as;

– Deeds of trust, powers of attorney, and maps.

– Also issues marriage and birth and death certificates.

The Authority of Public Officials

• Public officials have different powers.– As presiding officer of the senate, the Lt.

Governor has the power to break a tie vote in the senate.

– The Sheriff is the county’s highest elected law-enforcement official.

– Judges decide cases brought before the courts of justice.


• Article IV (4) of the North Carolina Constitution establishes the General Court of Justice.– “Shall constitute a unified judicial system for

purposes of jurisdiction, operation, and administration and shall consist of an Appellate Division, a Superior Court Division, and a District Court Division”


• The 15-judge NC Court of Appeals hears most of the appeals coming from the state’s trial courts.– These judges are elected by statewide vote for eight-

year terms.• The superior courts are trial courts for the state.

– Superior court is divided into eight divisions and 46 districts.

– Judges are elected to eight-year terms.• The district court handle most of the trial level cases

THE NORTH CAROLINA SUPREME COURT

• The NC Supreme Court is the state’s highest court.– Has a chief justice and six associate justices,

elected to eight-year terms.– They hear and rule on oral arguments in

cases appealed from lower courts.


• One of the more important decisions form this court is STATE V MANN (1829)– A lower court had convicted a slave owner,

John Mann, of killing one of his slaves.– The NC Supreme Court overruled the

conviction, stating that slaves were the property of their owners.


• LEANDRO V NORTH CAROLINA – Considered whether that state’s distribution

of funds among school districts was sufficient and fair.

– Families and boards of education from five poorer, largely African American counties originally filled the suit.


– In 1997, the NC Supreme Court issued a unanimous decision stating that all children in NC have a constitutional right to the “equal opportunity to receive a sound basic education”

– A superior court judge ruled in 2002, that many children in NC were not, in fact, receiving a “sound basic education.”

– The General Assembly and the governor are now charged with ensuring that the state’s educational system follows this ruling.

Landmark NC Supreme Court Cases

• State V Mann

• Slave owners could not be guilty of murder for killing their slaves because slaves were property

• Leandro V North

Carolina

All NC children have a right to the “equal opportunity to received a sound basic education”

Reforming and Amending

• A local act is a law limited in application to a particular county or city.– Include ordinances and municipal codes passed by a

board of county commissioners or a city council • Referendum is a direct popular vote on an

issue, such as taxation.– Referendums are common at the state and local

levels. – NC uses legislative referendum, which allows the

citizens to vote on propositions put forth by the general assembly or governor

Essential Questions

1. What role does the NC government play in the creation of local governments?

2. What basic principles do the NC and US Constitutions have in common?

3. Should local government decisions always be subordinate to the will of the state government?

4. How does the NC Constitution structure state government?

5. What are the ways in which city governments can be organized?

Essential Questions

6. Should a person be forced to pay taxes on personal property?

7. How does the NC Constitution limit the authority of public officials?

8. What public offices are created by the NC Constitution?

9. Should all public offices be elected by the people?

Essential Questions

10. How can the NC Constitution be amended?11. Can governments be changed by the will of the

people?12. What kinds of issues are most suitable for a

referendum?13. Why must all local governments submit to the

authority of the NC Constitution?14. What role does the NC Supreme Court play in

protecting the rights of individuals?15. How should funding be dispersed to school

districts to reflect the needs of all students in NC?

State and Federal Authority

• Objective 3.06 = Analyze how the Fourteenth Amendment extends the Bill of Rights’ protection to citizens of a state.

• Objective 3.07= Identify modern controversies related to powers of the state government.

Citizenship

• Both Bill of Rights and the Fourteenth Amendment protect citizenship (membership in a political community)

• Citizenship carries with it the rights to political participation.– Vote in political elections upon reaching the

age of 18.– May serve on a jury, run for political office,

and enlist in the armed services

Citizenship

• Civil Rights belong to an individual because of citizenship.– Include civil liberties such as freedom of speech and

freedom from discrimination

• Many basic civil rights are found in the fundamental freedoms and privileges guaranteed by the First, Fourteenth, and Fifteenth Amendment to the U.S. Constitution– Also protected by government acts.– These acts may be federal, state, and/or local

Citizenship

• Voting Rights refer to a person’s power to participate in elections by voting.– 14th Amendment declares that all persons born or

naturalized in the US are American citizens, and so have a right to vote under certain conditions

– The 15th Amendment says that voting rights cannot be denied based on race or having been a slave.

• Despite these federal protections, NC denied African Americans their voting rights after the Civil War.

– Created the national civil rights movement.– One of its major victories was the Voting Rights Act of

1965.

Citizenship

• Only after the Voting Rights Act 1965 did African Americans start to enjoy their full voting rights in NC.

• Federal Authority has also furthered women’s rights.

• 19th Amendment to the US Constitution gave women the right to vote in 1920.– Like all states, NC must follow what the amendment

says.

Citizenship

• Municipal governments extend their legal control over surrounding areas through annexation.

• In NC, state law allows municipalities to annex areas without voter approval.

Services and Resources

• NC Division of Emergency Management handles disaster relief in the state.– It coordinates state assistance to victims of

hurricanes.– This agency often partners with federal agencies such

as FEMA.

• Since 9/11, law enforcement agencies has also partnered with the federal government to combat terrorism and maintain security.

Services and Resources

• NC has a legislatively mandated balanced budget.– The state is required not to spend more

money than it takes in.– State law also requires local government to

maintain and operate a balanced budget.

Education

• A Charter School is an independent public school relatively free from state and local regulations.– Student attend charter schools by choice.– A board of directors governs each charter school.– Like all public schools, charter schools are supported

by public revenues.– Many states use lottery revenues to support public

education.

Education

• One of the landmark US Supreme Court cases on the subject of school busing, Swann V. Charlotte-Mecklenburg was about the Charlotte-Mecklenburg school system.

• In 1971, the Charlotte-Mecklenburg School District became the first to undergo court-ordered busing to desegregate classrooms.

Education

• Redistricting redraws the boundaries of districts from which public officials are elected.

• Gerrymandering is a form of redistricting that many consider controversial.– Districts are manipulated for a specific political party.– Gerrymandering may also be used to disadvantage a

particular group.– It is illegal !!!!!!!!!!!

Education

• Political corruption is the use of public office for private gain.– It is a violation of public integrity.– All forms of government can be susceptible

to political corruption.– Degrees of corruption range from minor uses

of influence to kickbacks and bribery.

North Carolina’s Taxation and Government

• Objective 3.08 = Examine taxation and other revenue sources at the state and local levels.

State and Local Taxes

• NC has a state income tax.– The personal income tax is on the earnings of state

residents.– In NC, the tax is progressive, the tax rate rises as

earnings grow higher.

• Corporations and companies that operate also pay to the state a 6.9% corporate income tax on their profits.

• The majority of the state’s operating budget comes from the state income tax.


• Sales Tax is charged on the sale of goods and services.– It is calculated as a percentage of the selling price.– NC’s sales tax is 4.5%.

• An Excise Tax is charged on the production or sale of some goods and services.– Beer and Wine, Gasoline, Soft Drinks, and cigarettes

all are subject to a NC excise tax.


• NC imposes an estate tax on an individual’s property at the time of death.

• An Estate Tax is a charge upon the decedent’s entire estate, regardless of how it is disbursed.

• This tax does not apply on the death of a spouse.


• Local Governments assess a property tax on real estate based on the value of the property.

• This money helps fund municipal services such as police and fire protection and schools.

• Most vehicles and real estate owned by citizens are valued for the purposes of taxation.

• This process is called a tax assessment.• Each county has a tax office that is responsible for the

appraisal and assessment of property for taxation• Assessments often pay for public improvements within a

specific area.

Non-Tax Sources of Revenue

• NC has a number of smaller sources of revenue to pay its expenses.

• Fines are money paid to the state or local government as punishment for certain violations.

• Licenses grant permission to perform an action• A permit also grants permission to perform an

action


• A User Fee is a payment for the use of a public service.– Residents are charged disposal fees for leaving trash

at public dumps.– Impact fees are imposed to charge the owners of

newly developed properties for the effects the development will have on the community.

– Putting more demands on the water supply.– Impact fees are not used to maintain existing facilities,

but instead are used to create new facilities, like new school buildings


• All states receive economic aid from the federal government.

• Usually in the form of a federal grant, which does not need to be repaid.

• Federal grants contribute money for things like health care, transportation, housing, homeland security, and education.


• Intergovernmental Revenue is money received from federal, state, and local government sources.

State Budget Process

• The State’s finances are its monetary resources.

• Public finances is the management of revenues, expenditures, and debts.

• Finances are regulated by a budget, or an itemized summary of spending for a given period, often one year, along with proposals for financing it.

State Budget Process

• The state’s annual budget is proposed by the governor and must be approved by the legislature.

• State or municipal bonds are one important form of financing.

• Voters approve the government’s borrowing money and promising to pay it back when the bond matures.

Essential Questions

• Answer the following questions.1. What does equal protection under the law mean?2. How does the 14th Amendment extend rights to all

citizens?3. Should citizens ever be denied their civil rights?4. Why is the education of citizens a primary responsibility

of a state?5. What alternatives to traditional schooling are available

to citizens of NC?6. Should NC continue to raise revenue through a lottery?

Essential Questions

7. What are the different sources of revenue for NC government?

8. How do state prioritize funding for various programs?

9. On what should NC spend a budget surplus?

Documents

North Carolina’s Constitution and Government Comp. Goal #3: Analyze how state and local government is established by the North Carolina Constitution