NC IN COLONIAL TIMES CH 12

COLONIAL GOVERNMENT  1689: GOVERNOR APPOINTED BY KING: ROYAL COLONY  GOVNOR APPOINTED MANY KEY GOVERNMENT OFFICIALS  GENERAL ASSEMBLY WAS ELECTED BY THE PEOPLE OF NC  THREE BRANCHES OF GOVERNMENT EXISTED IN COLONIAL TIMES  GOVERNOR:  GENERAL ASSEMBLY:  COURTS:  BY 1776 NC HAD 35 COUNTIES UNDER ENGLISH LAW

“FIRST IN FREEDOM”  REPUBLICAN FORM OF GOVERNMENT  ALWAYS STRUGGLE BETWEEN ROYAL GOVERNOR AND ELECTED GENERAL ASSEMBLY  GOVERNOR WOULD DISMISS ASSEMLBY  WOULD HAVE TO CALL BACK BECAUSE ASSEMBLY HAD POWER OF THE PURSE

TOWARD INDEPENDENCE:  NOV : GOVENOR DISMISSED ASSEMBLY: ABOUT TO VOTE TO BOYCOTT BRITISH GOODS  ASSEMBLY MET WITHOUT THE CONSENT OF GOVERNOR: “FIRST IN FREEDOM”  AUG 25, 1774: 71 DELEGATES CREATED FIRST WILMINGTON PROVINCIAL CONGRESS PLEDGE SUPPORT TO CONTINENTAL CONGRESS-POLITICAL BODY REPRESENTED THE COLONIES  MAY 1775: “MECHLENBERG DECLARATION” GOVERNORS APPOINTED POSITION IN BRITHISH GOVERNMEMT VACANT & VOTE TO REPLACE, BUT DID NOT CALL FOR INDEPENDENCE FROM ENGLAND  APRIL 1776: 4 TH PROVINICIAL CONGRESS: “HALIFAX RESOLVES” NC BECAME THE FIRST COLONY TO CALL FOR TOTAL INDEPENDENCE  JULY 4, 1776, DECLARATION OF INDEPENDENCE WAS SIGNED

CONSTITUTION AND DELCARATION OF RIGHTS  DEC 18 TH 1776: VOTERS OF NC APPROVED THE FIRST CONSTITUTION OF NC THE DOCUMENT EMPHASIS WAS ON:  FREEDOM  SEPARATION OF POWERS  SAFETY OF THE CITIZENS  ACHIEVEMENT: PUBLIC SCHOOLS  EQUALITY  RIGHT TO RULE THROUGH VOTING: POPULAR SOVEREIGNTY

CHANGES TO CONSTITUTION OF NC  1 ST : 1835:  VOTERS GAIN POWER TO ELECT GOVERNOR  LIMITED VOTING RIGHTS OF FREE AFRICAN AMERICANS  2 ND : 1868:  CIVIL WAR AMENDMENTS NEEDED TO CHANGE NC’S CONSTITUTION TO PROVIDE FOR 14 TH AMENDMENT’S EQUAL PROTECTION UNDER THE LAW- 21 OR OLDER VOTE REGARDLESS OF RACE, COLOR,  3 RD : 1970:  APPROVED RATIFIED BY VOTERS  MADE DOCUMENT EASIER TO READ  CHANGED SCHOOL YEARS

NC DECLARATION OF RIGHTS TODAY  YOU HAVE RIGHTS AND RESPONSIBILITIES IN NC AS WELL AS FEDERAL  NC’S DECLARATIONS OF RIGHTS EXTENDS THE UNITED STATE’S BILL OF RIGHTS  EDUCATION:  NC CONTITUTION ARTICLE 1 SECT 15: RIGHT TO EDUCATION  LEANDRO V STATE OF NC: LOW WEALTH SCHOOLS NEED MORE MONEY FROM STATE THEN HIGH WEALTH TO BE EQUAL (Hoke, Halifax, Robeson, Vance and Cumberland)  NC SUPREME COURT RULED TO SOUND BASIC EDUCATION BUT RULED STATES DOES NOT REQUIRE EQUAL FUNDING JUST ADEQUATE EDUCATION.

OTHER IMPORTANT NC CASES  SWANN V CHARLOTTE MECH: END SEGREGATION BY BUSING STUDENTS TO SCHOOLS  STATE V MANN: UPHELD INSTITUTION OF SLAVERY IN NC  THE CASE MANN BEAT AND KILLED SLAVE LYDIA  CHOWAN CO COURT CONVICTED  STATE SUPREME COURT OVERRULED

RIGHTS TO CITIZENS  14 TH AMENDMENT EQUAL PROTECTION UNDER THE LAW, STATE REQUIRED TO UPHOLD EQUAP TREATMENT TO ALL CITIZENS  EXTENDING RIGHT TO VOTE  1868 & 1870 US AMENDMENTS OPEN WAY FOR AFRICAN AMERICAN, BUT WHEN RECONTRUCTION ENDED SO DID THEIR RIGHTS “JIM CROW” LAWS- RACIAL SEGREGATION PUBLIC AREAS AND SCHOOLS  1920: WOMEN GAINED RIGHT TO VOTE  WHO CAN VOTE  18YRS OLD, CITIZEN OF US, LIVED IN PRECINCT FOR 30 DAYS PRIOR TO ELECTION, NO CONVICTION OF FELONY, BE REGISTERED TO VOTE

CIVIL RIGHTS IN NC  MOVEMENT FOR ALL PEOPLE TO BE TREATED FAIRLY AND EQUALLY  LEGALIZATION OF SEGREGATION: ADOPTION OF JIM CROW LAWS AND SEGREGATION WAS UPHELD BY PLESSY V FERGUSON RULING-PG 365  STRUGGLE FOR RIGHTS  NC AND THE BROWN RULING: AVOIDED UNTIL MADE TO COMPLY IN 1971 WHEN SUPREME COURT UPHELD SWANN RULING  SIT INS: GREENSBORO FOUR AT WOOLWORTH’S STORE COUNTER TO EAT WITH WHITE PEOPLE BEGAN PUSH FOR EQUALITY AND FIGHT FOR EQUALITY HERE IN 1960

Chapter 14: Local Governments

Two Types of Local Government in NC Counties: 100 largest territorial & political subdivision of a state largest form of local government county seat – head/center of government in county Municipalities: 1000s cities, towns & villages all three have same legal status smaller local government within the county size does not matter

All Local Governments are Created by the State “Creatures of the State” North Carolina: General Assembly creates local government decide the authority and responsibilities the local government will have Service provided chart page 408

How Local Government is Created in NC? People living in an area ask for a charter or local plan for government from the state general assembly They ask for the type of local government they want to be called: city, county, town, village Charter created by General Assembly & can be changed by the General Assembly but this group can award the local government with “home rule” power where they can make their own policy and rules In recent years state legislatures have begun to grant home rules, which allows cities to write their own charters, choose own type of government and manage their own affairs.

Local Expansion Cities, towns, & villages can always expand Annexation- process of bringing unincorporated land an its residents into an existing area Why would they want to do so? Take in rich section more what? Take in poor section they get better services For municipal services

Municipal Government Branches  Legislature: governing council passes ordinances or local laws elected by municipal constituents members at large district/ward members  Executive branch carry out local public policy of board mayor council: voters elect a mayor to carry out policy council manager: manager is hired by council to carry out policy  Judicial branch is controlled by the states local courts are paid by the state and are run by state officials they are state employees

THE GENERAL ASSEMBLY HAS DIVIDED NC INTO 100 COUNTIES  LOCAL GOVERNMENT THAT SETS POLICY LOCALLY  EACH COUNTY HAS A BRANCH OFFICE FOR THE STATE: SO THAT THEY CAN CARRY OUT THE STATE LAWS AT THE LOCAL LEVEL  GOVERNING BODIES OF COUNTIES: BOARD OF COMMISSIONERS (ELECTED BY THE COUNTY CONSTITUENTS)

WHAT DOES THE COUNTY COMMISSIONER BOARD DO?  SET LOCAL POLICY  APPROVE COUNTY BUDGETS  SET COUNTY TAX RATES  ZONES AREAS WITHIN THE COUNTY  HIRES COUNTY CHAIRPERSON TO KEEP COUNTY BOARDS RECORDS  SERVE 2-4 YR TERMS  CHAIRPERSON- IMPORTANT MEMBER  RESPONSIBILITIES: COUNTY POLICIES

OTHER COUNTY OFFICIALS THE GENERAL ASSEMBLY HAS CREATED A GROUP OF INDEPENDENT BOARDS TO OVERSEE SPECIFIC SERVICES THE STATE REQUIRES THE COUNTIES TO PROVIDE: THESE GROUPS HAVE THEIR OWN POLITICS AND SET THEIR OWN POLICY FOR THEIR SPECIALIZED AREAS

INDEPENDENT BOARDS BOARD OF EDUCATION: LEAS: SET EDUCATON POLICY: ELECTED BOARD - HIRES BOARD OF MENTAL HEALTH BOARD OF PUBLIC HEALTH BOARD OF SOCIAL SERVICES ABC BOARD SOIL AND WATER CONSERVATION BOARD

COUNTY OFFICIALS COUNTY MANAGER: JOB IS TO ADMINISTER THE COUNTY POLICIES AND BUDGET SHERIFF: HEAD SHERIFF DEPT. LEAD LOCAL LAW ENFORCEMENT: HEADS JAILS REGISTER OF DEEDS: KEEPS RECORDS:DEEDS, MARRIAGES, BIRTHS, DEATHS HEALTH DIRECTOR: COUNTY HEALTH BOARD SCHOOL SUPERINTENDENT: OVERSEES COUNTY SCHOOL

STATE & LOCAL BUDGET PROCESS IS DIFFERENT REVENUES – INCOME—indicates how much money is expected from each sources EXPENDITURES – the amount it plans to spend on each item

STATE REVEUNE SOURCES INTERGOVERNMENTAL REVENUE—money from the federal government STATE SALES TAXES CONTRIBUTIONS INDIVIDUAL INCOME TAXES

REVENUE SOURCES: LOCAL GOVERNMENT INTERGOVERNMENTAL REVENUE PROPERTY TAXES OTHER SOURCES Electric & water utility services Sales taxes Local income taxes (possibility) Fines fees

Expenditures: State level Health Higher education institutions Public welfare

Expenditure: Local level Secondary & elementary education Police Fire Water supply Sewage Sanitation

Adopting a State Budget Similar to federal adoption policy NCFY: begins July 1 st and ends June 30 th It is approved biannually in each odd numbered year

The Process: State Budget Governor: his staff prepares estimate of revenues and add up request for expenditures from state government agencies Governor proposes a balanced budget: Fix it if it is not balanced where revenues = expenditures Add revenue taxes Spend $ from state government savings Cut back on spending All are negative in some way

The Process: State Budget General assembly approves the budget set up and created by the governor after they have studied and revised it to their standards: Sometime arguments occur and the budget does not get passed on time: Pass temporary spending authority

State Borrowing Money Cannot borrow money for operational expenses: (to run the government with) Can borrow money for capital investment projects like building roads, brides and schools. Bonds– issue promises to repay the dept Advantage- permits the government to make purchases without waiting to save the full amount needed. Disadvantage- must pay interest to the lender

County & Municipal Budgets Adopt a budget every year just like federal and state governments. Mayor/manager have similar roles and responsibilities as governor City/county council have similar roles to the general assembly Must be a balanced budget just like the state

County and Municipal Revenue chart page 414 Intergovernmental revenue Property taxes Charges and miscellaneous revenue Other Sales Other taxes

County & Municipal Expenditures pg 414 Education services Other Utility expenditures Police and fire Hospitals and health