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Welcome to class… What are the 3 branches of the national government? What is the main job of each branch? What rights does the Declaration of Independence.

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Presentation on theme: "Welcome to class… What are the 3 branches of the national government? What is the main job of each branch? What rights does the Declaration of Independence."— Presentation transcript:

1 Welcome to class… What are the 3 branches of the national government? What is the main job of each branch? What rights does the Declaration of Independence think we all have? What rights are listed in the Bill of Rights?

2 Sections of the NC Constitution Preamble Preamble Declaration of Rights Declaration of Rights Outline of the framework of government Outline of the framework of government Listing powers & responsibilities of the state Listing powers & responsibilities of the state Rules for local governments Rules for local governments Details on how to amend the constitution Details on how to amend the constitution

3 NC Constitution US Constitution Preamble: “We the people of the State of NC” Preamble: “We the people of the State of NC” Declaration of Rights: 25 guarantees of freedom & principles which the Constitution is based (life, liberty, enjoyment of fruits of labor, & pursuit of happiness) Declaration of Rights: 25 guarantees of freedom & principles which the Constitution is based (life, liberty, enjoyment of fruits of labor, & pursuit of happiness) Preamble: “We the People of the US” Preamble: “We the People of the US” Bill of Rights: 10 guarantees of freedom Bill of Rights: 10 guarantees of freedom Declaration of Independence: principles which the Constitution is based upon (life, liberty, and the pursuit of happiness) Declaration of Independence: principles which the Constitution is based upon (life, liberty, and the pursuit of happiness)

4 Key Principles Popular sovereignty: the people have the right to rule & are the source of power Popular sovereignty: the people have the right to rule & are the source of power Separation of powers: divides government power into 3 branches Separation of powers: divides government power into 3 branches Checks and balances: each branch has some kind of control over the other branch Checks and balances: each branch has some kind of control over the other branchExample?

5 Purposes of the NC Constitution 1. to protect the rights of the individual from state power 1. to protect the rights of the individual from state power 2. to provide a framework of government for the state 2. to provide a framework of government for the state

6 Amendments: 1971 Constitution Prohibiting all poll taxes. Creating a state income tax to be computed on the same basis as the federal income tax Allowing the Governor to serve two consecutive terms (previously, office holders were limited to one term). Requiring the state run a balanced budget. Requiring judges to be lawyers. Giving the Governor the veto power

7 Equal Protection The 14 th Amendment to the US Constitution defines a citizen as anyone born or naturalize in the US (ensured former slaves’ citizenship) The 14 th Amendment to the US Constitution defines a citizen as anyone born or naturalize in the US (ensured former slaves’ citizenship) It also requires every state to grant each citizen “equal protection of the laws” (to be treated the same way under the law) It also requires every state to grant each citizen “equal protection of the laws” (to be treated the same way under the law) Article I, Section 19 of the NC Constitution guarantees this equal protection and outlaws discrimination based on race, color, religion, or national origin Article I, Section 19 of the NC Constitution guarantees this equal protection and outlaws discrimination based on race, color, religion, or national origin Which groups were left out of this equal protection?

8 NC Legislative Branch Official name is the General Assembly Official name is the General Assembly Bicameral (2 houses), made of both the House of Representatives and the Senate Bicameral (2 houses), made of both the House of Representatives and the Senate How many members in each house? How many members in each house? Senate: 50 membersSenate: 50 members House of Representatives: 120 membersHouse of Representatives: 120 members

9 The General Assembly Members of the General Assembly are elected from legislative districts of relatively equal population. Members of the General Assembly are elected from legislative districts of relatively equal population. Both state senators and state house members serve 2 year terms Both state senators and state house members serve 2 year terms There are no term limits for members of the General Assembly There are no term limits for members of the General Assembly

10 Qualifications Eligibility for the NC house: 21 years old and must have lived in the district for at least 1 year Eligibility for the NC house: 21 years old and must have lived in the district for at least 1 year Eligibility for the NC senate: 25 years old; must have lived in NC for at least 2 years and in the district for at least 1 year. Eligibility for the NC senate: 25 years old; must have lived in NC for at least 2 years and in the district for at least 1 year.

11 Leadership in the General Assembly Leadership of the NC house: elects a Speaker that presides over the House and makes key appointments Leadership of the NC house: elects a Speaker that presides over the House and makes key appointments Leadership of the NC senate: elects a president pro tempore who presides over the Senate and makes key appointments Leadership of the NC senate: elects a president pro tempore who presides over the Senate and makes key appointments Lieutenant Governor: president of the Senate, but only votes if there is a tie Lieutenant Governor: president of the Senate, but only votes if there is a tie

12 Legislative Sessions The General Assembly meets in the legislative building in Raleigh The General Assembly meets in the legislative building in Raleigh In even-numbered years, they meet for a “short session”, which begins in May and usually only lasts 6 weeks In even-numbered years, they meet for a “short session”, which begins in May and usually only lasts 6 weeks In odd-numbered years, they meet for a “long session”, from Jan-June In odd-numbered years, they meet for a “long session”, from Jan-June They may also meet for special sessions if called by the Governor They may also meet for special sessions if called by the Governor

13 Lawmaking & Other Duties The General Assembly makes 2 types of laws The General Assembly makes 2 types of laws general statutes: laws that apply statewidegeneral statutes: laws that apply statewide special laws: apply only to specific counties or citiesspecial laws: apply only to specific counties or cities The General Assembly also provides The General Assembly also provides legislative oversight: reviewing government operationslegislative oversight: reviewing government operations elect members of the University of North Carolina Board of Governorselect members of the University of North Carolina Board of Governors impeaching & trying judges and members of the Council of Stateimpeaching & trying judges and members of the Council of State

14 How a Bill Becomes a Law Anyone can draft a bill, but a member of the General Assembly must introduce the bill. Anyone can draft a bill, but a member of the General Assembly must introduce the bill. After the bill is introduced, it is assigned to a committee to be studied and revised After the bill is introduced, it is assigned to a committee to be studied and revised If it passes through the committee, it is recommended to the floor of either the Senate or the House for debate. If it passes through the committee, it is recommended to the floor of either the Senate or the House for debate. If the bill is passed in one house, it goes to the other house If the bill is passed in one house, it goes to the other house

15 If the other house changes the bill, then a conference committee resolves the difference between the versions of the bill. If the other house changes the bill, then a conference committee resolves the difference between the versions of the bill. Then, the bill must be signed by the Speaker of the House and the President pro tempore of the Senate Then, the bill must be signed by the Speaker of the House and the President pro tempore of the Senate Finally, the bill must signed by the Governor for it to become a law. Finally, the bill must signed by the Governor for it to become a law. The General Assembly can override the veto with a 60% vote for the bill The General Assembly can override the veto with a 60% vote for the bill

16 NC Executive Branch Head/Chief Executive: the Governor Head/Chief Executive: the Governor Serves 4 year terms Serves 4 year terms Can serve only 2 consecutive terms Can serve only 2 consecutive terms After 2 terms, can sit out for a term, and then run again After 2 terms, can sit out for a term, and then run again Governor Jim Hunt served a total of 4 termsGovernor Jim Hunt served a total of 4 terms

17 Governor’s Responsibilities 1. appoints key state officials 1. appoints key state officials 2. coordinates the work of most state agencies 2. coordinates the work of most state agencies 3. administers the state budget 3. administers the state budget 4. proposes a state budget and other legislation 4. proposes a state budget and other legislation 5. grants pardons 5. grants pardons What is this?What is this? 6. represents North Carolina when dealing with other states and the federal government 6. represents North Carolina when dealing with other states and the federal government

18 Qualifications Qualifications for Governor: 30 years old, a US citizen for at least 5 years, and resident of NC for at least 2 years (immediately prior to election) Qualifications for Governor: 30 years old, a US citizen for at least 5 years, and resident of NC for at least 2 years (immediately prior to election) Lieutenant Governor: 4 year terms; same qualifications as Governor because automatically succeeds governor if something happens to the Governor Lieutenant Governor: 4 year terms; same qualifications as Governor because automatically succeeds governor if something happens to the Governor

19 Lieutenant Governor Serves as president of the state senate and serves on various commissions or boards Serves as president of the state senate and serves on various commissions or boards Sometimes works closely with the Governor, but not always Sometimes works closely with the Governor, but not always The Governor & Lieutenant Governor run for office separately, so they can be from different political parties The Governor & Lieutenant Governor run for office separately, so they can be from different political parties Unlike the President & VPUnlike the President & VP

20 Council of State Voters of NC also elect the heads of 8 state agencies. These state executives are called the Council of State Voters of NC also elect the heads of 8 state agencies. These state executives are called the Council of State 4 year terms; unlimited # of terms 4 year terms; unlimited # of terms Each Council of State agency head is responsible for deciding how to carry out the programs of the General Assembly assigned to that department. Each Council of State agency head is responsible for deciding how to carry out the programs of the General Assembly assigned to that department. Each member has a specific area of responsibility (almost like the President’s cabinet), but they are completely independent of the governor Each member has a specific area of responsibility (almost like the President’s cabinet), but they are completely independent of the governor

21 Governor & Council of State Relationship Positive effects: allows voters more choice; can elect people who may share their views on specific issues such as education, agriculture, etc, rather than having to elect 1 person Positive effects: allows voters more choice; can elect people who may share their views on specific issues such as education, agriculture, etc, rather than having to elect 1 person Negative effects: can lead to an uncoordinated state government; voters may not know enough about the agencies to make an informed choice Negative effects: can lead to an uncoordinated state government; voters may not know enough about the agencies to make an informed choice

22 NC Judicial Branch Trial Courts: closest to the people of NC Trial Courts: closest to the people of NC District Courts: handle civil cases (disputes) less than $10,000 and minor crimes (misdemeanors) District Courts: handle civil cases (disputes) less than $10,000 and minor crimes (misdemeanors) Superior Courts: handle civil cases more than $10,000 and major crimes (felonies) Superior Courts: handle civil cases more than $10,000 and major crimes (felonies) Those found guilty of misdemeanors (minor crimes) in a district court can request another trial in a Superior Court. Those found guilty of misdemeanors (minor crimes) in a district court can request another trial in a Superior Court. The voters of each district elect judges for 4 year terms. The voters of each district elect judges for 4 year terms.

23 Other Judicial Officers Clerk of superior court: establish validity of wills and conduct sale of property to pay an owner’s debts (foreclosure) Clerk of superior court: establish validity of wills and conduct sale of property to pay an owner’s debts (foreclosure) Magistrate: issue warrants Magistrate: issue warrants District Attorney: represent the state in all criminal cases District Attorney: represent the state in all criminal cases Public Defender: lawyer appointed by NC for people who cannot pay for one Public Defender: lawyer appointed by NC for people who cannot pay for one

24 Higher NC Courts Appellate Courts: hear disputes about whether the decision of a trial court should be overturned Appellate Courts: hear disputes about whether the decision of a trial court should be overturned NC Court of Appeals voters elect 15 appeals court judges. They hear the cases in groups of three. 2 of the 3 judges must agree to the decision. NC Court of Appeals voters elect 15 appeals court judges. They hear the cases in groups of three. 2 of the 3 judges must agree to the decision. NC Supreme Court: interprets the NC Constitution and NC laws NC Supreme Court: interprets the NC Constitution and NC laws

25 NC Supreme Court Voters elect the chief justice and 6 associate justices for an 8-year term. Voters elect the chief justice and 6 associate justices for an 8-year term. Also hears appeals of all cases involving the death penalty Also hears appeals of all cases involving the death penalty A majority of the 7 justices must agree to a decision. A majority of the 7 justices must agree to a decision. Their decisions are final, unless there is an issue involving the US Constitution, then it is appealed to the US Supreme Court Their decisions are final, unless there is an issue involving the US Constitution, then it is appealed to the US Supreme Court

26 US Govt NC Govt Congress  House of Reps & Senate Congress  House of Reps & Senate President President Federal Courts: Federal Courts: 1. district  1. district  2. appeals  3. Supreme Court General Assembly  House of Reps & Senate General Assembly  House of Reps & Senate Governor & Council of State Governor & Council of State State Courts: State Courts: 1. district  2. superior  3. appeals  4. NC Supreme Court LEGISLATIVEEXECUTIVEJUDICIAL


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