1. Levels of Government Review

2. Federalism Principle that creates a separation of sovereignty between federal and state government Each level has its own powers, yet some are shared. – Expressed/Implied=federal powers – Reserved=state powers – Concurrent=Shared powers However, if the two levels conflict, according to the Constitution, Federal law is supreme. – Supremacy Clause

3. Distribution of Powers

4. Local Government Although the separation between State and Local government is not technically considered federalism, the idea is the same. Our Constitution delegates certain powers, functions, and revenue streams (taxes) to local government. A Charter establishes a local government and is like its consitution

5. Local Government Structure Cities – Five main forms Council Manager – City council oversees the general administration, makes policy, sets budget – Council appoints a professional city manager to carry out day-to-day administrative operations – Most Common Mayor-Council – Mayor is elected separately from the council, is often full-time and paid, with significant administrative and budgetary authority – Depending on the municipal charter, the mayor could have weak or strong powers – Council is elected and maintains legislative powers – Some cities appoint a professional manager who maintains limited administrative authority Other, less common forms, include: – Town meetings – Representative town meetings – Commissions – Managers and Mayors are like an executive, yet sometimes mayors have legislative powers – Councils and Commissions are like a legislative branch

6. Local Government Structure Counties – Commission The distinguishing feature of this type of structure is the fact that legislative authority (e.g., power to enact ordinances and adopt budgets) and executive powers (e.g., to administer policies and appoint county employees) are exercised jointly by an elected commission or board of supervisors. – Commission/Administrator Under this form, the county board of commissioners appoints an administrator who serves at its pleasure. That individual may be vested with a broad range of powers, including the authority to hire/fire department heads and formulate a budget. – Council-Executive The separation of powers principle undergirds this governance system. A county executive is the chief administrative officer of the jurisdiction. Typically, he or she has the authority to veto ordinances enacted by the county board (subject to their possible override) and hire/fire department heads.

7. Local Government Services Most of the services and laws we use or experience everyday are facilitated and funded to some degree by local government – Fire, EMT, and Police – LEA’s=local school boards and a central office that execute educational policy – Hospital – Include local agricultural, wildlife, ect. Commissions – Zoning Laws – Local speed limits – Pedestrian Laws

8. Local Government Budget and Revenue Streams Revenue – Intergovernmental Revenue-34.9 – Property Taxes-24% – Utilities (user fees)-7.6% – Sales Tax – Hospital Fees Expenditures – Education – Social Services – Public Safety – Transportation – Utility – Environment and Housing

9. State Government NC State government is structured similarly to federal government – Governor/Lt Governor=executive branch/has veto power Executive Departments, Commissions, and Agencies are part of the executive branch Remember Council of State are elected officials that are not beholden to the Governor but make the heads of major departments, commissions, and agencies – Other heads of state are appointed – Big Difference between state and federal structure – General Assembly=legislative branch/two house – Judicial Branch Has more levels Each branch similarly check and balance each other. State government has reserved powers because of the 10 th amendment to the Constitution. They also have concurrent powers, such as power to tax

10. Appellate Courts: Panel of judges hears appeals General Trial Courts: Judges or Judge and Jury hear criminal and civil cases Lower courts: Justice Courts-rural and small towns Magistrate Courts-larger towns, small cities Municipal Ct-larger cities-traffic, juvenile, misdemeanors State Supreme Court: Panel of judges hear appeals from lower courts

11. State Government: Budget is done every two years (biannual) Revenue Income tax-53% Sales and User Tax-28% Corporate Income Tax-6% Other Tax-4% Other Non-Tax (entry fees)- 9% Expenditure Public Education-40% Health and Human Service- 23% University System-13% Justice and Public Safety- 10% Community Colleges-5% General/Natural and Econ Resources-5% Debt Service-4%

12. Federal Budget Process Process Budget year runs from Oct. 1 st to Sept. 30 th the following year Prepared by the Office of Management and Budget within the Executive Branch It is formally sent to Congress by the President Congress passes a resolution that outlines and sets targets for how much will be spent in various categories Two types: – Mandatory=does not require annual approval; ex’s social security and interest payments – Discretionary=money spent that must be approved every year; ex’s military, infrastructure Appropriation bills are laws that approve specific spending/must begin in the House

13. Federal Budget (FY 2007) Revenues Income Tax-45.4 Payroll Taxes (S.S./Medicare/Medicaid- also called entitlements)- 36.6% Corporate Tax/Capital Gains-10.8% Excises/Estate/Gift/and User Fees-7.2% Expenditures Social Security-21.2% Defense-17.4% Income Security (Welfare/Food stamps/Unemployment/Pensions /Gov. Housing/Child Nutrition)- 14% Medicare-13.5% Health/Medicaid-10.5% Interest on debt-8.2% Other(grants to states, infrastructure, parks, education, ect.)-15.2%

14. Evaluate the authority of government over your life. Constitution and Bill of Rights establishes what government can and cannot do: – Due Process Amendments – 1 st Amendment – 3 rd Amendment=Privacy – Writ of Habeas Corpus – Bills of Attainder – No expost facto laws Elastic Clause, Commerce Clause, and General Welfare Clause expand federal authority over states, local government, and your rights – Civil Rights Acts – Grants to states Speed limits National Drinking Age Private Property