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State and local Government Review for chapters 12-14.

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1 State and local Government Review for chapters 12-14

2 Colonial Period  First Provincial Congress Selected delegates for the Continental Congress Selected delegates for the Continental Congress  Mecklenburg Declaration Declared all offices appointed by the British government to be vacant Declared all offices appointed by the British government to be vacant Declared the Provincial Congress to be the only lawful government in N.C. Declared the Provincial Congress to be the only lawful government in N.C.  Halifax Resolves Called for complete independence from England Called for complete independence from England

3 Ratification of the U.S. Constitution  N.C.’s major complaint was the lack of a bill of rights  N.C. was the only state to vote against the ratification of the U.S. Constitution. In 1788 they voted not to ratify the U.S. constitution and called on the U.S. Congress to amend it to include a bill of rights. In 1788 they voted not to ratify the U.S. constitution and called on the U.S. Congress to amend it to include a bill of rights.  In 1789 when the U.S. Congress approved a set of bills that would eventually make up the “Bill of Rights” (amendments 1-10), N.C. delegates ratified the U.S. Constitution.

4 Basic Structure of N.C. State Government  Has remained basically the same since the first NC Constitution. Separation of Powers Separation of Powers Legislative, Executive, JudicialLegislative, Executive, Judicial Checks and Balances Checks and Balances Governor’s veto power (1996)Governor’s veto power (1996) General assembly can override the veto with 3/5 vote in both housesGeneral assembly can override the veto with 3/5 vote in both houses

5 Changes in the N.C. Constitution  First constitution was in 1776  1835- Took away the right to vote from African Americans and Native Americans  1868- As a result of the Civil War, mandated by the U.S. Congress (Legislative Branch)  1875- Promoted segregation by banning white and African American children from going to the same school.  1971- As a result of the Civil Rights Movement

6 Similarities and Differences in the N.C. Constitution and the U.S. Constitution  The U.S. Constitution outlines the national or federal government. The N.C. constitution outlines the state and local government in North Carolina ONLY! The N.C. constitution outlines the state and local government in North Carolina ONLY!  The U.S. Constitution has a “Bill of Rights” that were added as amendments. The N.C. constitution has a declaration of rights in article 1. (not as amendments) The N.C. constitution has a declaration of rights in article 1. (not as amendments)  Both include the ideas of a separation of powers (three branches), checks and balances, and the ability to make changes. (amend)  N.C. Constitution’s preamble focuses on God U.S. Constitution has no mention of God U.S. Constitution has no mention of God

7 Civil Rights  Civil War Amendments 13- Ended slavery 13- Ended slavery 14- Citizenship, equal protection under the law 14- Citizenship, equal protection under the law 15- Removed race barrier to voting 15- Removed race barrier to voting  19- Removed gender barrier to voting  23- Electoral votes for District of Columbia  24- Removed tax barrier to voting (poll tax)  26- Removed age barrier (18+ yoa)

8 Sit in Movement  Greensboro 4 from N.C. A&T Woolworth’s lunch counter Woolworth’s lunch counter Similar demonstrations sprang up throughout the nation Similar demonstrations sprang up throughout the nation Klopfer v. N.C. Klopfer v. N.C. Right to a speedy trial (applies to state courts)Right to a speedy trial (applies to state courts)

9 Chapter 13  Three branches of N.C. Gov Legislative, Executive, Judicial Legislative, Executive, Judicial  Division of Powers  Legislative Qualifications, structure, and powers Qualifications, structure, and powers  Executive Qualifications, structure, and powers Qualifications, structure, and powers  Judicial Qualifications, structure, and powers Qualifications, structure, and powers

10 Legislative  Two types of laws: Statutes: state laws Statutes: state laws Local specific laws (City/County Ordinance) Local specific laws (City/County Ordinance)  Non Legislative Powers  Redistricting  Qualifications for House (120 members) Speaker of the House (chosen by members) Speaker of the House (chosen by members) Citizen, 21 years old, lived in district for 1 year Citizen, 21 years old, lived in district for 1 year  Qualification for Senate (50 members) President of Senate (Lt. Governor) President of Senate (Lt. Governor) Citizen, 25 years old, lived in district for 2 year Citizen, 25 years old, lived in district for 2 year

11 Legislative  Sessions  Lottery 2005: to fund education??? 2005: to fund education???  Census (national) Used to determine districts for State government Used to determine districts for State government What is it also used to determine? What is it also used to determine?

12 North Carolina Government  Legislative Branch (Legislature) General Assembly General Assembly Senate and House of Representatives Senate and House of Representatives http://www.ncga.state.nc.us/ http://www.ncga.state.nc.us/ http://www.ncga.state.nc.us/  Homework Question: (Web Search) How old must you be to run for Senator and how old to run for Representative? How old must you be to run for Senator and how old to run for Representative? What is the length of term for Senators and Representatives? What is the length of term for Senators and Representatives?

13 Executive  Governor 4 year terms, 2 CONSECTIVE terms limit 4 year terms, 2 CONSECTIVE terms limit 30 years old, U.S. Citizen for 5 years, lived in state 2 years30 years old, U.S. Citizen for 5 years, lived in state 2 years  Lt. Governor Elected separately from Governor Elected separately from Governor  Criminals Commute, Reprieve, Pardon, Parole Commute, Reprieve, Pardon, Parole  Powers and duties (chart on 385)  Council of State 4 year term, no term limits 4 year term, no term limits  Governors Cabinet

14 North Carolina Government  Executive Leader (Chief Executive) Governor Governor Bev Perdue Bev Perdue http://www.governor.state.nc.us/ http://www.governor.state.nc.us/ http://www.governor.state.nc.us/  Homework Question: (Web Search) When was Bev Perdue elected to the office of Governor? When was Bev Perdue elected to the office of Governor?

15 Council of State  http://www.governor.state.nc.us/councilSta te.aspx http://www.governor.state.nc.us/councilSta te.aspx http://www.governor.state.nc.us/councilSta te.aspx  Fill out chart

16 Judicial  Civil suits  Misdemeanors  Defendants  Appealette Courts  N.C. Supreme Court

17 North Carolina Government  Judicial Branch http://www.nccourts.org/ http://www.nccourts.org/ http://www.nccourts.org/ Supreme Court of Appeals Superior Court District Court Magistrates

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19 Cases  State v. Mann Slavery: ruled that slave owners could not be charged with beating their slaves. Slavery: ruled that slave owners could not be charged with beating their slaves.  The Leandro Case Education (taxes, poor counties) Education (taxes, poor counties) “The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.” “The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.” N.C. ConstitutionN.C. Constitution

20 Summary  Chart on page 395 make-up of each branch make-up of each branch How elected How elected Term lengths Term lengths

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22 Three Purposes of Local Government  Provide Services Water Water Fire Department Fire Department Schools Schools Parks Parks Libraries Libraries Garbage Pickup Garbage Pickup

23 Three Purposes of Local Government  Encourage Community improvement Encourage new Businesses Encourage new Businesses Sponsoring festivals Sponsoring festivals Sponsoring cleanup days Sponsoring cleanup days Organizing human relations commissions Organizing human relations commissions Extra Credit: How many persons are employed at Dell Computers in Winston-Salem? How many persons are employed at Dell Computers in Winston-Salem?

24 Three Purposes of Local Government  Protect people against harmful behavior Laws and Law Enforcement Laws and Law Enforcement Zoning Zoning Planning for the worst Planning for the worst Extra Credit: How are government agencies in Lansing Michigan planning to protect their town from a zombie attack? How are government agencies in Lansing Michigan planning to protect their town from a zombie attack?

25 North Western Counties Forsyth Yadkin Surry StokesRockingham Guilford Randolph Davidson Davie Iredell Wilkes

26 Terms  Legal Document that gives a town legal authority to act as a local government. Town Charter Town Charter  A town that has the authority to organize its own government and make laws. Municipality Municipality  Term used to refer to a town that has received a charter from the state. Incorporated Incorporated

27 Terms  A “town” or area that has not received a town charter from the state. It cannot be sued, make laws, or collect taxes. Unincorporated Unincorporated  Term used to refer to any law that has been created by a city/county. Ordinance Ordinance

28 Terms  Process of a town extending its borders (boundaries), in order to bring more land under its jurisdiction (control). Annexation Annexation  Process of determining what can be built in an area. Zoning Zoning

29 Local Government  What types of governing bodies can local government have? Mayor Mayor City/Town Council City/Town Council Board of Directors Board of Directors  In North Carolina Each county elects a board of County Commissioners, Sheriff, Register of Deeds, and Clerk of Court Each county elects a board of County Commissioners, Sheriff, Register of Deeds, and Clerk of Court The board of County Commissioners in most counties elects a County Manager. The board of County Commissioners in most counties elects a County Manager.

30 Incorporation  What are the steps that a town must take in order to become incorporated?  What do they need from the state?  Towns are usually incorporated after a settlement has developed in the area. The residents begin to want public services that can only be provided by a municipality. Incorporation also gives them the right to vote or attend town meetings, allowing them to participate in local decision making. Town Charter (approved by the General Assembly) Town Charter (approved by the General Assembly) May require approval of voters. May require approval of voters. Defining the geographic boundaries of the municipality. Defining the geographic boundaries of the municipality.

31 Incorporated vs. Unincorporated  Can Make Laws Make Laws Collect Taxes Collect Taxes Annex Land Annex Land Provide Services Provide Services Enter into Contracts Enter into Contracts Be Sued Be Sued Have its own government Have its own government  Can NOT Make Laws Make Laws Collect Taxes Collect Taxes Annex Land Annex Land Provide Services Provide Services Enter into Contracts Enter into Contracts Be Sued Be Sued Have its own government Have its own government

32 Zoning  Three major types of zoning. Residential-Housing, Apartments Residential-Housing, Apartments Commercial-Stores, Offices Commercial-Stores, Offices Industrial-Factories, Warehouses Industrial-Factories, Warehouses  Zoning “R-1 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes.” “R-1 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes.” “C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and businesses in another jurisdiction.” “C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and businesses in another jurisdiction.” http://real-estate-law.freeadvice.com/zoning/zoning_legalese.htm http://real-estate-law.freeadvice.com/zoning/zoning_legalese.htm http://real-estate-law.freeadvice.com/zoning/zoning_legalese.htm

33  When a community wishes to become ____________, they will write and submit a ______ ________ to the General Assembly. The General Assembly will review the request and if they approve, they will pass an act that turns the community into a _______________. They will then have the power to make _____, collect ______ and provide ___________. Fill in the Blanks taxes TownCharter municipality laws Incorporated services


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