Goal 3 State and Local Government and the NC Constitution
The NC Constitution • First state constitution in 1776 created by constitutional convention in NC (2/3 of delegates voted for it) • Any proposed changes to the constitution are done by referendum (go to the people for a vote) • Amendments pass with 3/5 vote by the state legislators in NC General Assembly
Historical Background of NC Constitution • • 1776 – First draft 1835 – Governors are popularly elected 1862 – Secession from the union 1868 – New Constitution drafted during Reconstruction (rejoining the union) • 1971 – New Constitution updating things
Principles of the NC Constitution • • Popular Sovereignty Limited Government Separation of Powers Checks and Balances through 3 branches 1) General Assembly – Congress 2) Governor and Council of State 3) NC Supreme Court
Structure – Articles in NC Constitution I– Declaration of Rights II – Legislative Branch III – Executive Branch IV – Judicial V – Finance Branch VI – VII – Local Suffrage and Government Eligibility VIII – IX – Corporations Education X– Homesteads and Exemptions XI – XII – Punishments, Military Corrections Forces XIII – XIV – Convention, Miscellaneou Amendments, s Revisions Know the first 4 Articles mostly
State Government • Executive Branch • Legislative Branch - Governor can veto, line • General Assembly item veto, command - Consists of a House national guard, prepares and Senate state budget, etc. - Council of State - Makes laws (statutes) (including Lt. Gov) elected by people - Cabinet appointed by the Governor
Judicial Branch in State Government • Consists of District (misdemeanor case), Superior (felonies), Court of Appeals (appellate jurisdiction), and NC Supreme (highest in state) Courts • State v. Mann – state constitution is ultimate authority and says power of master is absolute • Leandro Case – state government is obligated to give all students a quality education
Controversies in State Government • Annexation – city takes over outlying areas • Money – state must have balanced budget • Education – charter schools and public schools, as well as school busing • Disaster Relief – who should provide it? • Political Corruption – includes gerrymandering and other practices
State Revenue and Expenditures • Taxes include: Income, Corporate, Property, Inheritance, Estate, Sales, Excise • Other revenue includes permits, licenses (driving), user and disposal (waste) fees, fines, municipal bonds, and intergovernmental revenue (comes from national government through grants-in-aid)
Local Government • County – commissioners (representatives), manager (head), sheriff (law head) • Special District (education for example) • Towns, Townships have town councils • Cities – pass ordinances (laws) 1) Mayor-Council (mayor and city council with aldermen) 2) Council-Manager (manager appointed by city council, mayor is ceremonial role)