understanding our state government. history of the north carolina constitution: 3 constitutions...
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Understanding our State Government
History of the North Carolina Constitution:
3 Constitutions (1776, 1868, 1971)
Why did NC replace its Constitution in 1971?
Language was updated and Segregation was outlawed after Swann v. CMS
Similar Principles
NC Constitutional PrinciplesPopular SovereigntyGovernment gets its power from the
peopleLimited GovernmentThe gov’ts power is restricted by the
NC Constitution and the people
What is this similar to?We, the people of the State of North
Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution.
Federalism
Qualifications Beverly PerdueGovernor/Lieutenant
GovernorAge: 30 years oldResidency: Citizen 5
yrs. and Resident of NC for 2 years
Length of Term: 4 yrs.
Term Limit: 2 terms
North Carolina’s Executive Branch found in Article III
Two Candidates running for Governor
Lt. Governor
Dan Forest Linda Coleman
Qualifications for State Officials House of Representatives (120 members)
Age: 21 years old Residency: Citizen and Resident of NC for 1 year
Length of Term: 2 yrs.Term Limit: None
Qualifications for State Officials: Senate
Senate (50 members) Age: Must be at least 25 years oldResidency: Citizen and Resident of NC for 2
years Length of Term: 2 yrs. Term Limit: Can serve an unlimited amount
of terms as long as you are reelected by the people.
Bicameral
State Level (N.C.)The General
AssemblySenate 50 SenatorsHOR120 Representatives
Make the laws, just like the federal legislative branch.
Judicial Branch
District Courts- Lowest level Hear Majority of casesNo JuryHear all types of cases
Civil Case: disputes involving less then $10,000
Minor Crimes: misdemeanorsMajor Crimes: felonies (initial)
Ex. Traffic court
Superior Courts- Second lowest levelHears civil cases over $10,000Feloniesany case that is requestedover 300,000 cases a year
The State has 8 districts
Judicial Branch
Elected officialsJudgesCounty Clerk for courts
AppointedMagistrate
Judicial Branch
Appellate CourtsNC Court of Appeals
14 Judges elected
NC Supreme CourtFinal LevelInteroperates state constitution
Landmark Cases State v. Mann 1830Leandro Case
Copy the Chart on Page 395
http://www.youtube.com/watch?v=W0HTb4fD95s http://www.youtube.com/watch?v=XVay9RP_sqYWalter Daltonhttp://www.youtube.com/watch?v=QeIgbJI_mIkhttp://www.youtube.com/watch?v=ZW-9p3Wf18M&feature=relmfuPat McCrory
Based upon the Political Advertisement s who would you all endorse for governor? With a partner take five minutes to discuss your opinions. Then we will share with the class why you would vote for the candidate of your choice.
Activities
Using the North Carolina Constitution, find five constitutional protections. Predict how life would be different without these protections.
Compare and Contrast the principles in the preamble to the N.C. Constitution with the preamble of the U.S. Constitution. Discuss why the similarities and differences exists. Graphic organizer
Venn Diagram
North Carolina Judicial System
Our Levels of Courts
District Courts
There are 39The judge hears the
case and makes ruling, no jury.
Misdemeanors ($10,000 or less)
Civil Cases Judges are elected
every 4 years.
Superior Courts
Handle civil cases involving more than $10,000.
More serious crimesTrial by Jury or Jury
trialsDeal with About
300,000 cases per year.
8 Superior Courts Elected every 8 years
Superior Court is divided into eight divisions and 46 districts across the state. Every six months, Superior Court judges rotate among the districts within their division. The rotation system helps avoid favoritism that might result from having a permanent judge in one district.
More on Superior Courts
The Governor also appoints about 15 special superior court judges who serve as needed.
Todd Burke youngest judge appointed to Superior Court by Jim Hunt 1995
http://www.nccourts.org/courts/appellate/appeal/biographies/Judges.asp Judge Biographies
2000 cases every year
Hears appeals from the District and Superior Courts
15 Judges, they hear cases in groups of three.
Elected every eight years
Court of Appeals
What do they do? Judges
Interprets the State Constitution
The Supreme Court of North Carolina is the state's highest court, and there is no further appeal in the state from their decisions. This court has a chief justice and six associate justices who sit together as a panel in Raleigh. The Supreme Court has no jury, and it makes no determination of fact; rather, it considers error in legal procedures or in judicial interpretation of the law.
There are 7 in allOne is the chief
Justice
North Carolina Supreme Court