North Carolina Government Roots of Government NC State

North Carolina Government Roots of Government NC State Government Local Government and Finances

Roots of NC Government First in Freedom • 1663→ King Charles II grants allies territory south of Va. • Officially became 2 territories in 1729 • NC consists of representative gov’t, general assembly to pass laws & levy taxes→ Charter of Carolina • NC legislature bicameral→ governor and council-upper house; elected reps- lower house (borrowed from the House of Burgesses) • Lower house had “power of purse”→ control money

Roots of NC Government Independence • French and Indian War had created huge debt for GB→ levy taxes on colonists to pay war debts • NC held congress in Wilmington to elect representatives to attend the Continental Congress The Mecklenburg Declaration • All GB offices vacant, the NC gov. was only lawful gov. in colony (disputed) The Halifax Resolves • 1 st Colonial gov’t to call for total independence from GB • Articles of Confederation are failing, Constitutional Convention meets to create US Constitution→ Federal System

Roots of NC Government Constitution of NC • Preamble- similar to US Const. • Declaration of Rights- civil liberties and basic rights • Popular Sovereignty • Ultimate power lies with the people • Legislative, Executive, and Judicial Branch • Separation of Powers; Checks and Balances

Roots of NC Government Changes to the Constitution • Constitution of 1776 • Meet in Halifax to create state const. • Two house legislature→called the General Assembly; Executive branch with governor and Council of State; court system • 1835 - voters gain power to elect the governor and approve or reject constitutional amendments; voting rights taken from African Americans and Native Americans • Constitution of 1868 • New const. must be written after Civil War→Abolish slavery, males over 21 could vote • Constitution of 1971 • lower voting age from 21 to 18; gov. serves 2 four year terms; gov. can veto legislation

Roots of NC Government Rights of Citizens • Colonial times: only free, male, property owning citizens at least 21 could vote • AA’s could not vote, even free AA, until after Civil War • 13 th Amendment: Abolish Slavery • 14 th Amendment: defines US citizenship→ equal protection under law • 15 th Amendment: all male citizens over 21 could vote, regardless of color • Voting restrictions remained through Jim Crow laws (segregation)- poll tax, literacy test, grandfather clause Women’s Suffrage • In early days, women could not vote, own property • 1920: 19 th A. gives women right to vote • Most AA and NA women still did not vote • Civil Rights Act of 1964; Voting Rights Act of 1965 enforced voting rights • 1971: 26 th Amendment lowers voting age to 18 • To vote in NC you must: be citizen of US; 18 yo; lived in precinct 30 days; not be serving felony sentence; be registered to vote

Roots of NC Government The Civil Rights Movement • For almost 100 years, 14 th A. was not upheld in US • De facto segregation a problem→ segregation by custom and habit • 1875 - NC bans white and black children from attending same school • Plessy v. Ferguson: upheld separate but equal clause in society • Brown v. BOE: overturned Plessy, violates 14 th A. • Pearsall Plan in NC provides ways to avoid integration in schools • By 50 s and 60 s, school begin to mix • Swann vs. Charlotte-Mecklenburg: busing students to desegregate schools is ok • Greensboro Sit-In • 4 AA freshman from NCA&T sat at segregated lunch counter, Woolworths • Were refused service, sparked sit ins across nation→ Jesse Jackson

Swann vs. Charlotte Meck Plessy vs. Ferguson Greensboro Sit In

NC State Government The Legislative Branch • AKA- The General Assembly • Makes 2 kinds of laws • General statutes that apply statewide • Enact local/special laws to specific counties or cities • General Assembly examines gov’t operations→ oversight • allows legislatures to learn how well current laws are working • General Assembly elects members to sit on University of NC Board of Governors

NC State Government Organization of General Assembly • Bicameral→ senate (50 members) and house of reps (120 members) • Members are elected from districts, whose lines are redrawn after every census • Senate and house members are elected for 2 years, with no limit on terms • Member of General Assembly rules: • House→ 21 years old, Live in the district for a year before election • Senate→ 25 years old, live in district for a year before election • Speaker of the House, Lieutenant Governor are leaders of house and senate; also elects president pro-tem

Sessions Two types of sessions: Long sessions begin in January of odd-numbered years Short sessions begin in May of even-numbered years

North Carolina State Government The Executive Branch • The Governor is NC’s chief of state, chief executive • Governors roles: • leader of state agencies • administers state budget • grants pardons to criminals or commutes (reduces) sentences • Gov. serves for 4 years, 2 consecutive term limit, can serve more than 2 nonconsecutively • 30 years old • US citizens for at least 5 years • live in NC for 2 years • Lieutenant Governor is like VP→ president of senate • Gov. and L. Gov. run for office on separate tickets

NC State Government Executive Officers • Gov. appoints 10 department chairs to head various administrations→ cabinet • Some officers are appointed by Gov. , other officers are elected by voters→ Council of State ( attorney general) • Council of State operates independently of governor

NC State Government The Judicial Branch • NC courts resolve disputes under NC law • 2 types of trial courts to hear cases and issue decisions • District Courts: Judge who hears case, decides case→ juvenile law, divorce, civil cases, misdemeanors→ voters in districts elect judges • Superior Courts: handle civil cases involving more than $10, 000, and felonies; 8 judicial divisions; voters elect superior court judges • Other judicial officers • Clerk of court- handle paperwork • Magistrate - issues search warrants and sets bail • District attorney- represents the state in all criminal cases

NC State Government Appellate Courts • Hear disputes about whether the decision of a trial court should be overturned→ Question laws and procedures, not facts of case • NC has 2 appellate courts • NC Court of Appeals- 15 appeals judges hear cases in groups of 3; at least 2 of 3 must agree to reach a decision • NC Supreme Court- 7 justices review cases from lower court and interprets state constitution • • Voters elect chief justice and 6 other justices Justices decide which cases to hear, majority wins Supreme Court hears all appeals on death sentences Unless case involves US constitution, all decisions are final

Local Government and Finances Municipal Government • Two basic types of local government: • Counties: largest territorial and political subdivision • 100 Counties→. governing body is board of commissioners • Voters elect county commissioner • Commissioners set public policy, hire administrators (education, social services) • County hires a professional to run day to day operations→ county manager • Manager hires/fires for various depts. , drafts budget

Local Government and Finances • Municipality: cities, towns, villages • Every county/municipality has a legislative and executive branch, • • sometimes judicial Local gov’t does not decide cases involving ordinances, state courts do that. Municipalities provide services to meet needs of its citizens Each has been incorporated (officially given a charter)→ basic rules for gov’t Cities can expand by annexation→ bringing unincorporated land into an existing municipality (Midway, Davidson County) All municipalities elect their own governing board→ city/town council Most towns use “at-large” elections (all voters can vote), but some vote by district (ward) Citizens elect a mayor, but city council hires a “professional” to run the city→ council-manager form of gov’t

Local Government and Finances Government Finances • Two parts to budget: revenues and expenditures • Fiscal budget year begins July 1 for state as well as for local gov’t • NC adopts a biennial budget they use for 2 years, with revisions halfway through • Budgeting begins in governor’s office→ she must present a balanced budget • General Assembly studies and revises budget proposed by governor • Health and Human Services, plus education, account for more than half of gov’t spending • More than half of all revenue comes from individual income tax • NC gov’t cannot borrow money for their operating expenses, but can for major projects • Gov’t gets the borrowed money through bonds→ revenue bonds, General Obligation bonds

Local Government and Finances Municipal and County Budgets • Most expenditures from cities go to utilities (water, sewage) and schools→ LEA’s (Local Education Authority) • Revenue comes from utility user fees, property taxes • Property taxes increase or decrease depending on fiscal budget and value of the property