North Carolina State Government

SHARING OF POWER BETWEEN NATIONAL (FEDERAL) AND STATE GOVERNMENTS FEDERALISM SHARING OF POWER BETWEEN NATIONAL (FEDERAL) AND STATE GOVERNMENTS

THE TWO GOVERNMENTS FEDERAL: USA STATE: NORTH CAROLINA

SEPARATION OF POWERS LEGISLATIVE BRANCH EXECUTIVE BRANCH JUDICIAL BRANCH

SEPARATION OF POWERS Passes state budget Terms: 2 yrs for both houses Passes state laws House of Representatives Senate LEGISLATIVE BRANCH Has line item veto power Is chief of state national guard Lt governor Governor EXECUTIVE BRANCH NC District Court NC Superior Courts NC Court of Appeals NC State Supreme Court JUDICIAL BRANCH

SEPARATION OF POWERS LEGISLATIVE BRANCH EXECUTIVE BRANCH JUDICIAL BRANCH

NC STATE CONSTITUTION “FIRST IN FREEDOM” NC FREEDOM FOR ENGLAND NC CONSTITUTIONAL PRINCIPLES PREAMBLE: INTRODUCTION: WE THE PEOPLE PG 355 AMENDMENT PROCESS (2 TIERED) 3/5 VOTE OF PROPOSAL IN HOUSE & SENATE MAJORITY VOTE OF THE NC CITIZENS DECLARATION OF RIGHTS 25 GUARANTEES OF FREEDOM POPULAR SOVEREIGNTY PEOPLE ULTIMATE SOURCE OF POWER GIVEN TO THE GOVERNMENT LIMITED GOVERNMENT SEPARATION OF POWERS CHECKS AND BALANCES

NC LEGISLATIVE Called General Assembly 2 house legislature (bicameral)- Senate and House of Representatives

N.C. LEGISLATURE NC GENERAL ASSEMBLY SERVE 2 YR TERMS WTIHOUT LIMITS HOUSE OF REPRESENTATE 120 MEMBERS, SPEAKER SENATE 50 MEMBERS, LT. GOV & PRESIDENT PRO TEMP POWERS LONG SESSION (JAN-JUN) SHORT SESSION (MAY-6WK) NEW BUDGET YEAR OR FISCAL YEAR 6/1 US CONGRESS 2 YR TERMS HOUSE 6 YR TERMS SENATE HOUSE OF REPRESENATE 435 MEMBERS, SPEAKER SENATE 100 MEMBERS, V.P. & PRESIDENT PRO TEMP POWERS SESSION LAST 2 YRS NO LONG OR SHORT NEW BUDGET OR FISCAL YEAR: 10/1

Requirements To be a member of the General Assembly, you must be a citizen of the state, live in district they represent and meet an age requirement. (Senator-25 yrs old, Representative- 18 yrs. old) Elected every two years

Function of General Assembly Main job is to make laws Each house has a leader; Lieutenant governor resides over Senate and President Pro Tempore is in charge if Lt. Governor is not there. Introduce, sent to committee, study, revise, debate and pass or kill bills.

NC EXECUTIVE BRANCH NORTH CAROLINA UNITED STATES GOVERNOR 4 years 2 TERMS (RETURN) LT. GOVERNOR ELECTED BY POPULAR VOTE OF ST CONSTITUENCY GOVERNOR APPT CABINET OF 10 UNITED STATES PRESIDENT 2 TERMS VICE PRESIDENT ELECTED BY ELECTORAL COLLEGE PRESIDENT APPT CABINET OF 15

EXECUTIVE CABINET NC USA ADMINISTRATION COMMERCE CORRECTIONS CRIME CONTROL & PUBLIC SAFETY CULTURAL RESOURCES ENVIRONMENT & NATURAL RESOURCES HEALTH & HUMAN SERVICES JUVENILE JUSTICE & DELINQUENCY PRVENTION REVENUE TRANSPORTATION USA STATE TREASURY DEFENSE INTERIOR COMMERCE HUD USDA TRANSPORTATION VET AFFAIRS HOMELAND SECURITY HEALTH & HUMAN SERVICES EDUCATION ENERGY JUSTICE LABOR

NC COUNCIL OF STATE ELECTED OFFICIALS 8 YEAR TERMS COMMISSIONER OF AG STATE TREASURER SUPERINTENDENT OF PUBLIC INSTRUCTION SECRETARY OF STATE ATTORNEY GENERAL COMMISSIONER OF LABOR COMMISSIONER OF INSURANCE THIS DOES NOT EXIST AT FEDERAL LEVEL SOME OF THE POSITIONS DO BUT THEY ARE APPOINTED NOT ELECTED DUAL TO GOVERNOR OVERSEE HOW NC $ IS SPENT

NC Judicial Branch The North Carolina Judicial Branch interprets state laws and executive orders. NC has a three-tiered court system. 1. NC Supreme Court 2. NC Courts of Appeals 3. NC General Trials Courts

TYPES OF COURTS NC JUDICIAL BRANCH SUPREME COURT NC COURT OF APPEALS SUPERIOR COURT DISTRICT COURTS

JUDICIAL BRANCH NC SUPREME COURT 1 CHIEF JUSTICE & 6 ASSOCIATE JUSTICES 8YR TERMS 1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES

North Carolina Supreme Court The highest court in NC NC Supreme Court reviews cases appealed from the NC Appeals Court, if there is new evidence, unfair trial, or due process not followed. There is 1 chief justice and 6 associate justices that decide a case. They can remand, overturn, or uphold a decision. There is no jury.

JUDICIAL BRANCH COURT OF APPEALS 15 JUDGES – PANELS OF 3 THAT CIRCULATES 8 YEAR TERMS HEARS APPEALS FROM ALL DISTRICT COURTS HEARS ALL APPEALS FROM SUPERIOR BUT 1ST DEGREE MURDERERS WITH DEATH PENALTY APPEALS FROM AGENCIES

North Carolina Appellate Courts A defendant can appeal his or her case if their rights are violated, new evidence comes to light or unfair trial. Appellate court judges review the case and a panel of 3 judges will decide to either uphold the decision, overturn the decision or remand the case to a general trial court. There is no jury.

North Carolina Appellate Courts A defendant can appeal his or her case if their rights are violated, new evidence comes to light or unfair trial. Appellate court judges review the case and a panel of 3 judges will decide to either uphold the decision, overturn the decision or remand the case to a general trial court. There is no jury.

JUDICIAL BRANCH SUPERIOR COURTS 8 DIVISIONS AT LEAST 1 JUDGE/ DISTRICT 8 YEAR TERMS HEAR NEW JURY TRIALS FOR CONVICTED MISDEMEANORS CIVIL CASES OVER 10000 FELONIES

NC General Trials Courts Superior Court: cases involving serious crimes (felonies) or civil cases involving more than 10,000. There will be a jury of your peers to decide the case. The judge keeps order, sentences the defendant if guilty, and can overturn a verdict reached by the jury if he or she feels the jury has not been impartial.

JUDICIAL DISTRICT COURTS 39 DISTRICTS AT LEAST 1 JUDGE/ DISTRICT HAS A JURY TRIAL HEARS MISDEMEANORS CIVIL CASES UNDER 10000 DOMESTIC RELATIONS CASES FAMILY COURT, JUVENILE 16 & UNDER

NC General Trials Courts (con) District Courts criminal district court-misdemeanors civil cases involving less than 10,000 juvenile court magisterial -traffic tickets, fines, etc There is no jury for district courts only a judge.

Landmark Court Decisions Bayard v. Singleton State v. Mann The Leandro Case Pg 392