State and local State and local GovernmentGovernment

Review for chapters 12-14Review for chapters 12-14

Colonial PeriodColonial Period

First Provincial CongressFirst Provincial Congress Selected delegates for the Continental CongressSelected delegates for the Continental Congress

Mecklenburg DeclarationMecklenburg Declaration Declared all offices appointed by the British Declared all offices appointed by the British

government to be vacantgovernment to be vacant Declared the Provincial Congress to be the only lawful Declared the Provincial Congress to be the only lawful

government in N.C.government in N.C.

Halifax ResolvesHalifax Resolves Called for complete independence from EnglandCalled for complete independence from England

Ratification of the U.S. ConstitutionRatification of the U.S. Constitution

N.C.’s major complaint was the lack of a bill of N.C.’s major complaint was the lack of a bill of rightsrights

N.C. was the only state to vote against the N.C. was the only state to vote against the ratification of the U.S. Constitution.ratification of the U.S. Constitution. In 1788 they voted not to ratify 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 and called on the U.S. Congress to amend it to include a bill of rights.include a bill of rights.

In 1789 when the U.S. Congress approved a set In 1789 when the U.S. Congress approved a set of bills that would eventually make up the “Bill of of bills that would eventually make up the “Bill of Rights” (amendments 1-10), N.C. delegates Rights” (amendments 1-10), N.C. delegates ratified the U.S. Constitution.ratified the U.S. Constitution.

Basic Structure of N.C. State Basic Structure of N.C. State GovernmentGovernment

Has remained basically the same since Has remained basically the same since the first NC Constitution.the first NC Constitution. Separation of PowersSeparation of Powers

• Legislative, Executive, JudicialLegislative, Executive, Judicial Checks and BalancesChecks and Balances

• Governor’s veto power (1996)Governor’s veto power (1996)• General assembly can override the veto with 3/5 General assembly can override the veto with 3/5

vote in both housesvote in both houses

Changes in the N.C. ConstitutionChanges in the N.C. Constitution

First constitution was in 1776First constitution was in 1776 1835- Took away the right to vote from African 1835- Took away the right to vote from African

Americans and Native AmericansAmericans and Native Americans 1868- As a result of the Civil War, mandated by 1868- As a result of the Civil War, mandated by

the U.S. Congress (Legislative Branch)the U.S. Congress (Legislative Branch) 1875- Promoted segregation by banning white 1875- Promoted segregation by banning white

and African American children from going to the and African American children from going to the same school.same school.

1971- As a result of the Civil Rights Movement1971- As a result of the Civil Rights Movement

Similarities and Differences in the N.C. Similarities and Differences in the N.C. Constitution and the U.S. ConstitutionConstitution and the U.S. Constitution

The U.S. Constitution outlines the national or federal The U.S. Constitution outlines the national or federal government.government.

The N.C. constitution outlines the state and local government in The N.C. constitution outlines the state and local government in North Carolina ONLY!North Carolina ONLY!

The U.S. Constitution has a “Bill of Rights” that were The U.S. Constitution has a “Bill of Rights” that were added as amendments.added as amendments.

The N.C. constitution has a declaration of rights in article 1. (not The N.C. constitution has a declaration of rights in article 1. (not as amendments)as amendments)

Both include the ideas of a separation of powers (three Both include the ideas of a separation of powers (three branches), checks and balances, and the ability to make branches), checks and balances, and the ability to make changes. (amend)changes. (amend)

N.C. Constitution’s preamble focuses on GodN.C. Constitution’s preamble focuses on God U.S. Constitution has no mention of GodU.S. Constitution has no mention of God

Civil RightsCivil Rights

Civil War AmendmentsCivil War Amendments 13- Ended slavery13- Ended slavery 14- Citizenship, equal protection under the law14- Citizenship, equal protection under the law 15- Removed race barrier to voting15- Removed race barrier to voting

19- Removed gender barrier to voting19- Removed gender barrier to voting 23- Electoral votes for District of Columbia23- Electoral votes for District of Columbia 24- Removed tax barrier to voting (poll tax)24- Removed tax barrier to voting (poll tax) 26- Removed age barrier (18+ yoa)26- Removed age barrier (18+ yoa)

Sit in MovementSit in Movement

Greensboro 4 from N.C. A&TGreensboro 4 from N.C. A&T Woolworth’s lunch counterWoolworth’s lunch counter Similar demonstrations sprang up throughout Similar demonstrations sprang up throughout

the nationthe 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)

Chapter 13Chapter 13

Three branches of N.C. GovThree branches of N.C. Gov Legislative, Executive, JudicialLegislative, Executive, Judicial

Division of PowersDivision of Powers LegislativeLegislative

Qualifications, structure, and powersQualifications, structure, and powers

ExecutiveExecutive Qualifications, structure, and powersQualifications, structure, and powers

JudicialJudicial Qualifications, structure, and powersQualifications, structure, and powers

LegislativeLegislative Two types of laws:Two types of laws:

Statutes: state laws Statutes: state laws Local specific laws (City/County Ordinance)Local specific laws (City/County Ordinance)

Non Legislative PowersNon Legislative Powers RedistrictingRedistricting Qualifications for House (120 members)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 yearCitizen, 21 years old, lived in district for 1 year

Qualification for Senate (50 members)Qualification for Senate (50 members) President of Senate (Lt. Governor)President of Senate (Lt. Governor) Citizen, 25 years old, lived in district for 2 yearCitizen, 25 years old, lived in district for 2 year

LegislativeLegislative

SessionsSessions LotteryLottery

2005: to fund education???2005: to fund education??? Census (national)Census (national)

Used to determine districts for State Used to determine districts for State governmentgovernment

What is it also used to determine?What is it also used to determine?

North Carolina GovernmentNorth Carolina Government

Legislative Branch (Legislature)Legislative Branch (Legislature) General AssemblyGeneral Assembly Senate and House of RepresentativesSenate and House of Representatives http://www.ncga.state.nc.us/http://www.ncga.state.nc.us/

Homework Question: (Web Search)Homework Question: (Web Search) How old must you be to run for Senator and how old How old must you be to run for Senator and how old

to run for Representative?to run for Representative? What is the length of term for Senators and What is the length of term for Senators and

Representatives?Representatives?

ExecutiveExecutive GovernorGovernor

4 year terms, 2 CONSECTIVE terms limit4 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. GovernorLt. Governor Elected separately from GovernorElected separately from Governor

CriminalsCriminals Commute, Reprieve, Pardon, ParoleCommute, Reprieve, Pardon, Parole

Powers and duties (chart on 385)Powers and duties (chart on 385) Council of StateCouncil of State

4 year term, no term limits4 year term, no term limits Governors CabinetGovernors Cabinet

North Carolina GovernmentNorth Carolina Government

Executive Leader (Chief Executive)Executive Leader (Chief Executive) GovernorGovernor Bev Perdue Bev Perdue http://www.governor.state.nc.us/http://www.governor.state.nc.us/

Homework Question: (Web Search)Homework Question: (Web Search) When was When was Bev Perdue Bev Perdue electedelected to the to the

office of Governor?office of Governor?

Council of StateCouncil of State

http://www.governor.state.nc.us/councilStahttp://www.governor.state.nc.us/councilState.aspxte.aspx

Fill out chart Fill out chart

JudicialJudicial

Civil suitsCivil suits MisdemeanorsMisdemeanors DefendantsDefendants Appealette CourtsAppealette Courts N.C. Supreme CourtN.C. Supreme Court

North Carolina GovernmentNorth Carolina Government

Judicial BranchJudicial Branch http://www.nccourts.org/http://www.nccourts.org/ Supreme

Court of Appeals

Superior Court

District Court

Magistrates

CasesCases

State v. MannState v. Mann Slavery: ruled that slave owners could not be Slavery: ruled that slave owners could not be

charged with beating their slaves.charged with beating their slaves. The Leandro CaseThe Leandro Case

Education (taxes, poor counties)Education (taxes, poor counties) ““The people have a right to the privilege of The people have a right to the privilege of

education, and it is the duty of the State to education, and it is the duty of the State to guard and maintain that right.” guard and maintain that right.” • N.C. ConstitutionN.C. Constitution

SummarySummary

Chart on page 395Chart on page 395 make-up of each branchmake-up of each branch How electedHow elected Term lengthsTerm lengths

Three Purposes of Local Three Purposes of Local GovernmentGovernment

Provide ServicesProvide Services WaterWater Fire DepartmentFire Department SchoolsSchools ParksParks LibrariesLibraries Garbage PickupGarbage Pickup

Three Purposes of Local Three Purposes of Local GovernmentGovernment

Encourage Community improvementEncourage Community improvement Encourage new BusinessesEncourage new Businesses Sponsoring festivalsSponsoring festivals Sponsoring cleanup daysSponsoring cleanup days Organizing human relations commissionsOrganizing human relations commissions

Extra Credit:Extra Credit:• How many persons are employed at Dell How many persons are employed at Dell

Computers in Winston-Salem?Computers in Winston-Salem?

Three Purposes of Local Three Purposes of Local GovernmentGovernment

Protect people against harmful behaviorProtect people against harmful behavior Laws and Law EnforcementLaws and Law Enforcement ZoningZoning Planning for the worstPlanning for the worst

Extra Credit:Extra Credit: How are government agencies in Lansing How are government agencies in Lansing

Michigan planning to protect their town from a Michigan planning to protect their town from a zombie attack? zombie attack?

North Western CountiesNorth Western Counties

ForsythYadkin

Surry Stokes Rockingham

Guilford

RandolphDavidson

Davie

Iredell

Wilkes

TermsTerms Legal Document that gives a town legal authority Legal Document that gives a town legal authority

to act as a local government.to act as a local government. Town CharterTown Charter

A town that has the authority to organize its own A town that has the authority to organize its own government and make laws.government and make laws. MunicipalityMunicipality

Term used to refer to a town that has received a Term used to refer to a town that has received a charter from the state.charter from the state. IncorporatedIncorporated

TermsTerms

A “town” or area that has not received a A “town” or area that has not received a town charter from the state. It cannot be town charter from the state. It cannot be sued, make laws, or collect taxes.sued, make laws, or collect taxes. UnincorporatedUnincorporated

Term used to refer to any law that has Term used to refer to any law that has been created by a city/county.been created by a city/county. OrdinanceOrdinance

TermsTerms

Process of a town extending its borders Process of a town extending its borders (boundaries), in order to bring more land (boundaries), in order to bring more land under its jurisdiction (control).under its jurisdiction (control). AnnexationAnnexation

Process of determining what can be built Process of determining what can be built in an area.in an area. ZoningZoning

Local GovernmentLocal Government

What types of governing bodies can local What types of governing bodies can local government have?government have? MayorMayor City/Town CouncilCity/Town Council Board of DirectorsBoard of Directors

In North CarolinaIn North Carolina Each county elects a board of County Each county elects a board of County

Commissioners, Sheriff, Register of Deeds, and Clerk Commissioners, Sheriff, Register of Deeds, and Clerk of Courtof Court

The board of County Commissioners in most counties The board of County Commissioners in most counties elects a County Manager.elects a County Manager.

IncorporationIncorporation

What are the steps that a town must take in order to What are the steps that a town must take in order to become incorporated? become incorporated?

What do they need from the state?What do they need from the state? Towns are usually incorporated after a settlement has Towns are usually incorporated after a settlement has

developed in the area. The residents begin to want developed in the area. The residents begin to want public services that can only be provided by a public services that can only be provided by a municipality. Incorporation also gives them the right to municipality. Incorporation also gives them the right to vote or attend town meetings, allowing them to vote or attend town meetings, allowing them to participate in local decision making.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.

Incorporated vs. UnincorporatedIncorporated vs. Unincorporated

Can Can Make LawsMake Laws Collect TaxesCollect Taxes Annex LandAnnex Land Provide ServicesProvide Services Enter into ContractsEnter into Contracts Be SuedBe Sued Have its own Have its own

governmentgovernment

Can NOTCan NOT Make LawsMake Laws Collect TaxesCollect Taxes Annex LandAnnex Land Provide ServicesProvide Services Enter into ContractsEnter into Contracts Be SuedBe Sued Have its own Have its own

governmentgovernment

ZoningZoning Three major types of zoning.Three major types of zoning.

ResidentialResidential -Housing, Apartments-Housing, Apartments CommercialCommercial -Stores, Offices-Stores, Offices IndustrialIndustrial -Factories, Warehouses-Factories, Warehouses

ZoningZoning ““R-1 residential zone might allow only single-family R-1 residential zone might allow only single-family

detached homes as opposed to duplexes or detached homes as opposed to duplexes or apartment complexes.” apartment complexes.”

“ “C-1 commercial zone might be zoned to permit only C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and jurisdiction, but permit a mix of housing and businesses in another jurisdiction.”businesses in another jurisdiction.”

http://real-estate-law.freeadvice.com/zoning/zoning_legalese.htmhttp://real-estate-law.freeadvice.com/zoning/zoning_legalese.htm

When a community wishes to become When a community wishes to become ____________ , they will write and submit ____________ , they will write and submit a ______ ________ to the General a ______ ________ to the General Assembly. The General Assembly will Assembly. The General Assembly will review the request and if they approve, review the request and if they approve, they will pass an act that turns the they will pass an act that turns the community into a _______________ . community into a _______________ . They will then have the power to make They will then have the power to make _____ , collect ______ and provide _____ , collect ______ and provide ___________ .___________ .

Fill in the BlanksFill in the Blanks

taxes

Town Charter

municipality

laws

Incorporated

services