State and local Government Review for chapters 12-14 14
Colonial Period First Provincial Congress Selected delegates for the Continental Congress Mecklenburg Declaration Declared all offices appointed by the British government to be vacant Declared the Provincial Congress to be the only lawful government in N.C. Halifax Resolves Called for complete independence from England
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
Changes in the N.C. Constitution First constitution was in 1776 1835- Took away the right to vote from African Americans and Native Americans 1868- As a result of the Civil War, mandated by the U.S. Congress (Legislative Branch) 1875- Promoted segregation by banning white and African American children from going to the same school. 1971- 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
Civil Rights Civil War Amendments 13- Ended slavery 14- Citizenship, equal protection under the law 15- Removed race barrier to voting 19- Removed gender barrier to voting 23- Electoral votes for District of Columbia 24- Removed tax barrier to voting (poll tax) 26- Removed age barrier (18+ yoa)
Sit in Movement Greensboro 4 from N.C. A&T Woolworth s s lunch counter Similar demonstrations sprang up throughout the nation Klopfer v. N.C. Right to a speedy trial (applies to state courts)
Chapter 13 Three branches of N.C. Gov Legislative, Executive, Judicial Division of Powers Legislative Qualifications, structure, and powers Executive Qualifications, structure, and powers Judicial Qualifications, structure, and powers
Two types of laws: Statutes: state laws Local specific laws Legislative Non Legislative Powers Redistricting 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 2 year
Legislative Sessions Lottery 2005: to fund education??? Census (national) Used to determine districts for State government What is it also used to determine?
North Carolina Government Legislative Branch (Legislature) General Assembly Senate and House of Representatives http://www.ncga.state.nc.us/ Homework Question: (Web Search) 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?
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 Executive Leader (Chief Executive) Governor Bev Perdue http://www.governor.state.nc.us/ Homework Question: (Web Search) When was Bev Perdue office of Governor? elected to the Bev Perdue elected
Council of State http://www.governor.state.nc.us/councilsta te.aspx Fill out chart
Judicial Civil suits Misdemeanors Defendants Appealette Courts N.C. Supreme Court
North Carolina Government Judicial Branch http://www.nccourts.org/ Supreme Court of Appeals Superior Court District Court Magistrates
State v. Mann Slavery The Leandro Case Cases Education (taxes, poor counties) The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right. N.C. Constitution
Chart on page 395 Summary make-up of each branch How elected Term lengths
Three Purposes of Local Provide Services Water Fire Department Schools Parks Libraries Garbage Pickup Government
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?
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
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
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.
Incorporated vs. Unincorporated Can Make Laws Collect Taxes Annex Land Provide Services Enter into Contracts Be Sued Have its own government Can NOT Make Laws Collect Taxes Annex Land Provide Services Enter into Contracts Be Sued Have its own government
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. http://real-estate estate-law.freeadvice.com/zoning/zoning_legalese.htm
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.