Goal 3State Government

Principles and Breakdown of the N.C. Constitution

Similar Principles

• Copy the Explanations for – Popular Sovereignty

• The people are the source of governmental power (We the People)

– Limited Government• The gov’ts power is restricted by the Constitution

and the Bill of Rights– Separation of Powers

• Dividing the powers of the government between 3 branches so no branch has too much power

– Checks and Balances • When each branch of government restricts

another branch from doing something wrong (keeping a watch over each branch)

Which Principle is this?

“All political power is vested in and derived from the people…”

• Popular Sovereignty• Article 1, Section 2

Which Principle is this?

“The people of this State have the inherent, sole, and exclusive right of regulating the government…and of altering or abolishing their Constitution…whenever it may be necessary to their safety and happiness.”

• Limited Government• Article 1, Section 3

Which Principle is this?

“The legislative, executive, and supreme judicial powers of the State government shall be forever separate and distinct from each other.”

• Separation of Powers & Checks and Balances

• Article 1, Section 6

Find the Locations

• Of the Preamble• Bill of Rights/Declaration of

Rights• Legislative Branch• Executive Branch• Judicial Branch• Amendments

The Preamble

• U.S. Constitution–Beginning of Document

• N.C. Constitution–Beginning of Document

Bill of Rights/Declaration of Rights

• U.S. Constitution–Amendments

1-10

• N.C. Constitution–Article I

Legislative Branch

• U.S. Constitution–Article I

• N.C. Constitution–Article II

Executive Branch

• U.S. Constitution–Article II

• N.C. Constitution–Article III

Judicial Branch

• U.S. Constitution–Article III

• N.C. Constitution–Article IV

Amendments

• U.S. Constitution–Added to end of document

• N.C. Constitution–Written into document

The 3 Branches of the N.C. and Local Governments

Legislative (makes the laws)

• State Level (N.C.)– The General

Assembly• Senate• HoR

• County (Mecklenburg County)– Board of

Commissioners

Mecklenburg Board of County Commissioners (pictured left to right)Front row: Vilma Leake (District 2), Harold Cogdell, Jr. (Vice-Chairman, At-Large), Jennifer Roberts (Chairman, At-Large), Dan Murrey (At-Large), Karen Bentley (District 1).Back Row: George Dunlap (District 3), Dumont Clarke (District 4),Bill James (District 6), Neil Cooksey (District 5).

• City/Town (City of Charlotte)

– City Council / Town Council

Executive Branch (carries out the Laws)

• State (N.C.)–Governor & Lieutenant Governor

Governor Bev Purdue

• County (Mecklenburg County)–County Manager Harry Jones – County Manager

• City/ Town (City of Charlotte)–Mayor

Mayor Anthony Foxx

Judicial Branch (interprets the laws)

• State (N.C.)–State Supreme Court

Goodson Brady Martin Chief Justice Sarah Parker

Edmunds Newby Hudson

• County (Mecklenburg County)–District Court

• City/Town (City of Charlotte)–District Court

Qualifications for State Officials

• House of Representatives (120 members)–Age: 21–Residency: Citizen and Resident of NC for 1 year

–Length of Term: 2 yrs.–Term Limit: None

Qualifications for State Officials

• Senate (50 members)–Age: 25–Residency: Citizen and Resident of NC for 2 year

–Length of Term: 2 yrs.–Term Limit: None

DISCUSS:

• Do you think it is more prestigious to be a N.C. Senator or N.C. House Representative? Why?

Qualifications for State Officials

• Governor/Lieutenant Governor–Age: 30–Residency: Citizen 5 yrs. and Resident of NC for 2 years

–Length of Term: 4 yrs.–Term Limit: 2 terms

Qualifications for State Officials

• State Supreme Court–Age: 21–Residency: Citizen and Resident of NC

–Length of Term: 8 yrs.–Term Limit: unlimited

The NC Executive Branch

Enforce the Laws

Governor President

30 yrs./ Citizen for 5 yrs Age/Citizenship 35 yrs/ Natural Born Citizen

4 yrs/ 2 terms consecutively Term Length/Term Limit 4 yrs./ 2 terms

Legislative LeaderCommander-in-chiefChief of StateChief ExecutiveJudicial Leader

Roles Legislative LeaderCommander-in-chiefChief of stateChief executiveJudicial LeaderParty LeaderChief Diplomat

Line-item Veto Veto Powers Veto (all or nothing)

Characteristics of the Weak Mayor Council

• Mayor is selected by the city council rather than elected by the people

• Mayor’s powers are usually limited

• City councils generally possess both legislative and executive authority

• Executive department heads are elected by the citizens not appointed by the mayor

• There is no single administrative head for the city

• Designed for smaller cities with simple governments

• Poorly suited for large cities where political and administrative leadership is vital.

Characteristics of the Strong Mayor Council

• Mayor is elected directly by the people and given broad powers.

• City councils generally possess only legislative powers

• Department heads are appointed by the mayor

• The mayor is the administrative head of the city.

• The system calls for a mayor to be both a good political leader and an effective administrator.

The NC Judicial Branch

Interpret the Laws

Why do we need a Judicial Branch?

• DISCUSS: What does freedom of speech mean?– Does it protect verbal threats?– Does it protect governmental protest?– Does it protect student protest?– Does it mean you can lie about somebody to harm

them?

• How do we know if freedom of speech allow these things?– Answer: The Judicial Branch

The “Supremacy Clause”

“This Constitution, and the Laws of the United States…shall be the supreme Law of the Land…”-Article VI, Section 2

• No other law or constitution is more important than the U.S. Constitution

• The Constitution is the supreme law of the land.

THE U.S. Constitution

Federal Laws

State Constitutions

State Statutes (Laws)

County/City Ordinances

According to the chart DISCUSS:

• If the North Carolina makes a law declaring war on Canada and the U.S. Constitution says it is a federal power to declare war, who would win? (N.C. law or Constitution?)

• Who would win if Charlotte creates a law allowing convicted felons to be bought and sold as slaves and the 13th Amendment abolished slavery? (Charlotte law or 13th Amendment?)

Line-Item Veto V. Presidential Veto

• Line-Item Veto:The ability of a Governor to veto parts of a bill he/she disagrees with and keep the parts he/she agrees with

• Presidential Veto:an “all or nothing” decision. The president must approve or reject the entire bill

Strong Mayor V. Weak Mayor

• Strong Mayor: can choose who will head various city departments on his or her own

• Weak Mayor: needs the approval of the city council to appoint department heads Pat McCrory

Former Mayor of Charlotte

State Government Agencies

• Government agencies belong to the Executive Branch

• Exist to assist the Governor in carrying out the laws created by the General Assembly

• Examples of Agencies:– Department of Transportation (DOT): oversees most

transportation issues like speed limits and road repairs– Department of Public Instruction (DPI): ensures that all

students receive an equal and fair education– Board of Election (BOE): makes sure all elections are

fairly conducted

Initiative V. Referendum

• Initiative: when the people start an action in an effort to propose a new law

• Referendum: a way for citizens to approve or reject a state or local law.

Amending the NC Constitution

• To Propose an Amendment: 3/5 of the General Assembly must approve of it

• To Ratify an amendment: a majority (51%) of the citizens of NC must approve of the amendment in a vote

Gerrymandering

• Redrawing district lines in a state to favor a particular political party– A way

politicians cheat in order to be elected!

12th District of Mel Watt

Annexation

• Annexing land means that one city gains the territory of another town or city

• Annexation benefits local government by increases the amount of revenue (taxes) the city or town collects

constitutionality

• Deciding if a law or act of government goes with or against the Constitution.

judicial review

• Supreme Court’s power to determine constitutionality (Marbury v. Madison)

unconstitutional

• When a law or act of gov’t goes against the Constitution

Ex:–Segregation–Prayer in school–Poll tax–Unreasonable searches

constitutional

• When a law or act of gov’t is in line with the constitution

Ex:–Search with probable cause–Take private land if paid for and for

public use–Deny the right to vote to 16 year olds

Basic Structure

of the NC Judicial

Branch

Supreme Court

Appellate Courts

Superior Courts

District Courts

To be continued…