Chapter 13 North Carolina State Government North Carolina

Chapter 13 North Carolina State Government

North Carolina General Assembly • NC’s law making body = NC’s Legislative Branch • Bicameral: – House of Representatives – Senate

Powers of the General Assembly 1) Pass statutes (laws that apply to the whole state) 2) May pass laws specific to a certain part of the state 3) Pass budget for the state 4) Reviews all state operations and agencies (government oversight) 5) Elects members to the University of North Carolina Board of Directors 6) May impeach state government officials

How a Bill Becomes a Law (see p. 379)

Organization of the General Assembly • Senate has 50 members • House has 120 • Each house has its own districts that are divided up among the state • Each district is based on district that are roughly equal in population based on census results • There are several areas where two districts are combined into multimember districts with 2 representatives • Members from both houses are elected to 2 year terms with no term limits

Organization of NC General Assembly Senate House of Representatives Rick Gunn (District 24) (Republican) Dennis Riddell Stephen M. Ross (District 64) (District 63) (Republican)

Qualifications of the General Assembly • 1) 2) 3) House: U. S citizen 21 years old Lived in the district for a year before the election • 1) 2) 3) Senate: U. S. citizen for at least 2 years 25 years old Lived in the district for a year before the election

Leadership of the General Assembly • House Leader: Leader the Speaker of the House • Official Senate Leader: Leader Lieutenant Governoronly votes to break a tie vote • Unofficial Senate Leader: Leader President Pro Tempore Thom Tillis (Republican) Dan Forest (Republican) Phil Berger (Republican)

Legislative Sessions • In odd numbered years: years meets in its “long session” session which runs from January to June • In even numbered years: years meets in “short session” session starting in May and lasting about 6 weeks

The Governor • Head of the Executive Branch of the state • Serves a 4 year term • Limited to 2 consecutive terms, may run Pat Mc. Crory again after a 4 year lay-off (Republican) • Qualifications: – Must be 30 years old – a U. S. citizen for at least 5 years – lived in North Carolina for the 2 years immediately before the lection to run for the office

Powers of the Governor 1) Executive Leader: Leader carries out state laws, appoints officials, prepares a budget 2) Legislative Leader: Leader proposes legislation, approves or vetoes legislation 3) Commander-in-Chief: Commander-in-Chief in charge of the state militia 4) Judicial Leader: Leader Offers pardons, grants parole 5) Ceremonial Leader: Leader Greets important visitors, represents the state 6) Party Leader: Leader Leads the party in the state

The Lieutenant Governor Dan Forest (Republican) • Takes office if governor’s office becomes vacant for any reason • Serves a 4 year term with the same qualifications needed as the governor • Head of the Senate and serves on other various commissions and boards • Voted on a separate ticket than the governor (don’t have be from the same party)

North Carolina Cabinet • Made up of 10 departments: ex. Dept. of Administration, Dept. of Corrections, and Dept. of Crime Control and Public Safety (see next slide & page 395) • All Department heads are appointed by the governor • answer directly to the governor

The Council of State • Made up of 8 state agencies in which the heads of each department are directly elected by the voters of the state to 4 year terms with no term limits • Made up mostly of “career employees” who earned jobs based on their skills, not their politics

Divided Authority • The heads of the Council of State answer to the State Assembly, not the governor • creates a divided executive branch • Pros: Pros gives voters greater say in the running of the state, less corruption as investigative agencies in the state are dependent on the governor for their jobs • Cons: Cons Few voters are informed enough to make good choices, more confusion in the running of the government

North Carolina’s Court System • Designed to handle only state laws • Handle both civil and criminal cases • The bulk of trials are handled at the state level • Cases start at the trial court level • There are 2 types of trial courts in North Carolina: – District courts – Superior courts

District Courts • Large counties have their own districts, smaller counties may be combined with others to create a district • Handle civil cases under $10, 000 and misdemeanor criminal cases • No juries • Judge decides verdict • Each district has 1 or more judges that are elected by the people for 4 year terms • Judges must live in the district they work in

Superior Courts Handle civil cases over $10, 000 and felonies Use juries to determine the verdict Handle 300, 000 cases a year Judges are elected by the people for 8 year terms • Governor may also appoint 15 special Superior Court judges as needed • •

Other Court Officials • Clerks: Clerks one each district-establish validity of wills and handle paperwork for the sale of all property • Magistrates: Magistrates issue warrants (both search and arrest) • District Attorney: Attorney elected by the people to be the state’s representative in court • Public Defenders: Defenders court appointed attorneys for people who can’t afford an attorney

The North Carolina Court of Appeals • Handle appeals from the trial courts • Don’t decide guilt or innocence, but determine if the defendant had a fair trial • There are 15 judges that serve the whole state and are elected to 8 year terms • Look at cases in groups of 3, with 2 judges needing to agree for a verdict

North Carolina Supreme Court • Highest court in the state • Has 7 judges (1 chief justice and 6 associate judges) who are elected to 8 year terms • decide which cases they hear • Need a majority of judges to reach a verdict

Bayard v. Singleton (1787) • Dealt with land confiscated by the government in the Revolutionary War • State Supreme Court struck down the law which allowed this action • This was the first time judicial review was used, and it served as the example for Marbury v. Madison 16 years later

State v. Mann (1830) • John Mann was a slaveholder accused of beating his slave • His conviction was overturned on the grounds that slaves were property that the slave owners could whatever they wanted to • This case legalized slavery in North Carolina

The Leandro Case (1994) • People sued the state of North Carolina claiming that the state did not provide an adequate level of education • Wanted the state to supplement the tax base of poorer counties • Court ruled that the state constitution did not require the state to do this • However, later in the same year, the court ruled in Hoke v. State that the state did have an obligation to help “at risk students” in poorer counties