Local and State Government

Transcription

1 Local and State Government Federalism The federal system Our nations government consists of two parts The power is divided between these two parts National government (federal / central) State government (North Carolina) National government is superior (supremacy clause) States have reserved powers (Amend. 10) 1

2 Ratification of the U.S. Constitution N.C. s major complaint was the lack of a bill of rights N.C. was the only state to vote against the ratification of the U.S. Constitution. In 1788 they voted not to ratify the U.S. constitution and called on the U.S. Congress to amend it to include a bill of rights. In 1789 when the U.S. Congress approved a set of bills that would eventually make up the Bill of Rights (amendments 1-10), 1 10), N.C. delegates ratified the U.S. Constitution. Basic Structure of N.C. State Government Has remained basically the same since the first NC Constitution. Separation of Powers Legislative, Executive, Judicial Checks and Balances Governor s s veto power (1996) General assembly can override the veto with 3/5 vote in both houses 2

3 Changes in the N.C. Constitution First constitution was in Took away the right to vote from African Americans and Native Americans As a result of the Civil War, mandated by the U.S. Congress (Legislative Branch) Promoted segregation by banning white and African American children from going to the same school As a result of the Civil Rights Movement Similarities and Differences in the N.C. Constitution and the U.S. Constitution The U.S. Constitution outlines the national or federal government. The N.C. constitution outlines the state and local government in North Carolina ONLY! The U.S. Constitution has a Bill of Rights that were added as amendments. The N.C. constitution has a declaration of rights in article 1. (not as amendments) Both include the ideas of a separation of powers (three branches), checks and balances, and the ability to make changes. (amend) N.C. Constitution s s preamble focuses on God U.S. Constitution has no mention of God 3

4 Sit in Movement Greensboro 4 freshman from N.C. A&T Joseph McNeil, Franklin McCain, Ezell Blair, Jr. (later known as Jibreel Khazan), and David Richmond Sat down at the Woolworth s lunch counter never got waited on, stayed until closing. Similar demonstrations sprang up throughout the nation Franklin McCain died January 9, He was 71 years old. North Carolina Government Legislative Branch (Legislature) General Assembly Senate and House of Representatives How old must you be to run for Senator and how old to run for Representative? What is the length of term for Senators and Representatives? 4

5 Two types of laws: Statutes: state laws Local specific laws Non Legislative Powers Redistricting Legislative Qualifications for House (120 members) Speaker of the House (chosen by members) Citizen, 21 years old, lived in district for 1 year Qualification for Senate (50 members) President of Senate (Lt. Governor) Citizen, 25 years old, lived in district for 1 year North Carolina Government Executive Leader (Chief Executive) Governor Pat McCrory 5

6 Governor Executive 4 year terms, 2 CONSECTIVE terms limit 30 years old, U.S. Citizen for 5 years, lived in state 2 years Lt. Governor Elected separately from Governor Criminals Commute, Reprieve, Pardon, Parole Powers and duties (chart on 385) Council of State 4 year term, no term limits Governors Cabinet North Carolina Government Judicial Branch Supreme Court of Appeals Superior Court First degree murder/death penalty cases District Court Magistrates Judges are ELECTED in North Carolina How is this different from the way it s s done at the Federal Level? 6

7 Three Purposes of Local Government Provide Services Water Fire Department Schools Parks Libraries Garbage Pickup 7

8 Three Purposes of Local Government Encourage Community improvement Encourage new Businesses Sponsoring festivals Sponsoring cleanup days Organizing human relations commissions Extra Credit: How many persons are employed at Dell Computers in Winston-Salem? Three Purposes of Local Government Protect people against harmful behavior Laws and Law Enforcement Zoning Planning for the worst Extra Credit: How are government agencies in Lansing Michigan planning to protect their town from a zombie attack? 8

9 North Western Counties Surry Stokes Rockingham Wilkes Yadkin Forsyth Guilford Davie Iredell Davidson Randolph Terms Legal Document that gives a town legal authority to act as a local government. Town Charter A town that has the authority to organize its own government and make laws. Municipality Term used to refer to a town that has received a charter from the state. Incorporated 9

10 Terms A town or area that has not received a town charter from the state. It cannot be sued, make laws, or collect taxes. Unincorporated Term used to refer to any law that has been created by a city/county. Ordinance Terms Process of a town extending its borders (boundaries), in order to bring more land under its jurisdiction (control). Annexation Process of determining what can be built in an area. Zoning 10

11 Local Government What types of governing bodies can local government have? Mayor City/Town Council Board of Directors In North Carolina Each county elects a board of County Commissioners, Sheriff, Register of Deeds, and Clerk of Court The board of County Commissioners in most counties elects a County Manager. Incorporation What are the steps that a town must take in order to become incorporated? What do they need from the state? Towns are usually incorporated after a settlement has developed in the area. The residents begin to want public services that can only be provided by a municipality. Incorporation also gives them the right to vote or attend town meetings, allowing them to participate in local decision making. Town Charter (approved by the General Assembly) May require approval of voters. Defining the geographic boundaries of the municipality. 11

12 Incorporated vs. Unincorporated Can Make Laws Collect Taxes Annex Land Provide Services Enter into Contracts Be Sued Can NOT Make Laws Collect Taxes Annex Land Provide Services Enter into Contracts Be Sued Zoning Three major types of zoning. Residential Commercial Industrial Zoning -Housing, Apartments -Stores, Offices -Factories, Warehouses R-11 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes. C-11 commercial zone might be zoned to permit only certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and businesses in another jurisdiction. estate-law.freeadvice.com/zoning/zoning_legalese.htm 12

13 Fill in the Blanks When a community wishes to become Incorporated, they will write and submit a Town Charter to the General Assembly. The General Assembly will review the request and if they approve, they will pass an act that turns the community into a municipality. They will then have the power to make laws, collect taxes and provide services. Re-Apportionment / Re-Districting When? Every ten years Why? That s s when we have a census What? Divide up the 435 members of the House of Representatives among the 50 states based on their relative populations. 13

14 Apportionment 2010 North Carolina Congressional Districts 14

15 The 12th District The 12th District

16 The 12th District Today 16