State Government of North Carolina Goals C&G.2.1 – Analyze the structure of state and local governments. C&G.2.2 – Summarize the functions of NC state and local governments within the federal system of government. C&G.2.4 – Identify the principles in the North Carolina Constitution.

V. North Carolina State Government A. The N.C. Constitution- N.C. has had three constitutions (1776, 1868, & 1971) 1. Principles- many principles found in the N.C. Constitution are also included in the U.S. Constitution: a. Popular sovereignty b. Separation of powers c. Checks and balances d. States’ rights e. Limited government f. Civil liberties 2. Amendment Process- can be changed by 3/5’s vote of General Assembly & majority of votes of citizens (i.e. Finance Amendment- ratified in 1970; impacted the financing of local governments & further separated powers between the judicial and legislative branches)

3. Structure and Organization a. Longer than the U.S. Constitution and includes a preamble, 14 articles and 29 amendments  actually added into the body of the NC Constitution b. Article I Declaration of Rights is similar to the Bill of Rights; it lists the rights of the people and limits the powers of the state government (ex. Article I, Section 2 establishes popular sovereignty) c. Articles II through IV outline the three branches of government d. Remaining Articles deal with finance, suffrage, local government, corporations, education, property, punishments & military forces

B. The Three Branches of N.C. State Government 1. The Legislative Branch - primary duty is to make laws (statutes); known as the NC General Assembly & consists of a bicameral legislature (NC House & NC Senate) a. NC House of Representatives i. Also known as the Lower House ii. Qualifications: 1. at least 21 years old, 2. registered voter, 3. must live in district elected at least 1 year prior to the election iii. 120 members elected every two years; each represents a district b. NC Senate i. Also known as the Upper House ii. Qualifications: 1. at least 25 years old, 2. registered voter, 3. must live in district elected at least 1 year prior to the election, 4. a resident of the state for 2 years before election iii. 50 members elected every two years; each represents a district

c. Presiding Officers i. Speaker of House - presides over the NC House of Representatives ii. Lieutenant Governor - President of the NC Senate iii. President Pro Tempore - presides in absence of the Lt. Governor d. Sessions i. General Assembly meets in regular session from January to end of summer of odd-numbered years (long session); shorter sessions last from May until end of summer of even- numbered years (short session) ii. Extra sessions can be held if 3/5 of General Assembly make the request or if the Governor makes the request

e. Organization/Powers i. General Assembly operates much like the U.S. Congress ii. Both houses have committees to research, analyze & debate bills; bills that make it through the committee are then presented to the entire Assembly for a vote iii. 60% vote of the General Assembly is needed in order to override a governor’s veto iv. Approves the budget proposed by the governor v. Also has the power to impeach executive branch officials & judges f. Salary/Benefits- $13,951 yearly plus $6,708 for expenses and a $104 per diem g. Role of Citizens- citizens have a greater voice in what laws are made through: i. Initiative- allows citizens to propose laws ii. Referendum- law proposed by state legislature is referred to voters iii. Recalls- removing elected officials out of office

2. The Executive Branch- responsible for enforcing laws; consists of elected officials and several different departments, offices & agencies a. NC Governor i. Head of executive branch & plays various roles (Chief Executive) ii. Qualifications: 1. at least 30 years old, 2. U.S. citizen for at least 5 years, 3. resident of state 2 years immediately preceding election, 4. registered voter iii. Elected every four years; may not hold more than two consecutive terms of office iv. Duties & powers include creating a budget for N.C., executing laws, giving a State of the State address, vetoing legislation (also has line-item veto)*, serving as Commander in Chief of National Guard, granting pardons & reprieves, & appointing officials (with approval of N.C. Senate) v. Has an Office of the Governor to assist & advise him vi. May be impeached by the General Assembly vii. Salary/benefits- $130,000 yearly plus an allowance of $12.000; lives in executive mansion in Raleigh

b. Lieutenant Governor i. Same qualifications & terms as the Governor ii. Succeeds if the Governor has to leave office or dies iii. Serves as President of the NC Senate iv. Has an office of the Lieutenant Governor c. Departments- organized like a bureaucracy; responsible for helping the Governor enforce laws & provide many services for the citizens of the state i. 19 executive departments; 8 are headed by the Council of State (who are elected), 10 are headed by the Cabinet (who are appointed by the Governor), & 1 is elected by the Board of Governors (who heads the N.C. Community College System) ii. The departments under the Council of State include – Agriculture and Consumer Services, Insurance, Labor – each is headed by a Commissioner; Justice – headed by the Attorney General; Secretary of State, State Treasurer, Office of the State Auditor & Public Instruction - headed by the Superintendent iii. The remaining departments are each headed by a “secretary;” the secretaries make up the governor’s Cabinet – Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, & Environment and Natural Resources

3. The Judicial Branch- responsible for interpreting the laws; consists of five levels of courts beginning with the magistrate and ending with the Supreme Court a. Magistrate i. A magistrate is a judicial officer of the district court who handles certain criminal & civil cases (i.e. issue warrants, set bail, accept guilty pleas for minor misdemeanors) ii. Magistrates are appointed by the senior resident judge of the Superior Court for two year terms b. District Courts i. These trial courts can be divided into four categories: civil, criminal, juvenile & magistrate ii. Criminal cases in a District Court are always tried without a jury & District Courts hear civil cases involving child custody or cases involving up to $10,000 iii. Small claims court is a branch of the District Court; handles civil cases involving less than $4,000 iv. District Court judges are elected for four year terms

c. Superior Court i. All felony cases, civil cases involving more than $10,000 & certain appeals from the District Courts are heard in the Superior Courts ii. A 12 person jury hears the criminal cases; in civil cases, juries are often waived iii. Structured into eight divisions & 46 districts; every six months, superior court judges rotate among the districts within their division iv. Superior Court judges are elected for eight year terms d. NC Court of Appeals i. Hear all cases appealed from the Superior Court except death penalty cases (appeals range from parking ticket cases to murder cases) ii. Consists of 15 judges who sit in a rotating panel of three judges iii. Court of Appeals judges are elected for eight year terms e. NC Supreme Court i. Highest court in N.C.; its decisions cannot be appealed to any other court in the state ii. Consists of one Chief Justice & six Associate Justices; justices are elected for eight year terms iii. Chief Justice presides over the impeachment hearings of the Governor and Lt. Governor f. Other courts- N.C. is developing new courts to handle certain issues (i.e. Business Court, Drug Treatment Courts, Family Courts & Divorce Court) Appellate Division

4. Services - state government provides many goods & services including but not limited to: a. Education b. Public Safety i. State Bureau of Investigation (SBI) 1. Primary role is to provide investigative assistance to city & county law enforcement agencies when requested 2. Statewide jurisdiction 3. Does not have general law enforcement jurisdiction; but has limited original jurisdiction in certain areas of criminal law 4. Operates the forensics crime laboratory ii. State Highway Patrol - responsible for patrolling state highways, enforcing motor vehicle laws & assisting the motoring public c. Prison System d. Social Services e. Cultural Events

5. Revenue - state governments need money to provide goods & services; legislators & executive branch officials often face difficulties in determining what to provide or cut when funding becomes an issue; possible sources of state government revenue include: a. Taxes i. General sales tax - charge on almost all goods sold in a state For NC = 6.75% currently (4.75% for state gov’t and 2% for local gov’t) ii. Excise tax - charge on certain goods such as cigarettes or (aka “sin taxes”) alcohol iii. State income tax - percentage of annual earnings of individuals & businesses b. Federal Grants (intergovernmental revenue) i. Categorical grants - grants given for a specific purpose ii. Block grants - grants given for general purposes c. Other Sources i. Bonds ii. Lotteries