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State and local Government

State and local Government. Review for chapters 12-14. Colonial Period. First Provincial Congress Selected delegates for the Continental Congress Mecklenburg Declaration Declared all offices appointed by the British government to be vacant

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State and local Government

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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 • Mecklenburg Declaration • Declared all offices appointed by the British government to be vacant • Declared the Provincial Congress to be the only lawful government in N.C. • Halifax Resolves • 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 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 • Legislative, Executive, Judicial • Checks and Balances • Governor’s veto power (1996) • General 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 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) • 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

  7. Civil Rights • Civil War Amendments • 13- Ended slavery • 14- Citizenship, equal protection under the law • 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 • Similar demonstrations sprang up throughout the nation • Klopfer v. N.C. • Right to a speedy trial (applies to state courts)

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

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

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

  12. North Carolina Government • Legislative Branch (Legislature) • General Assembly • Senate and House of Representatives • 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? • What is the length of term for Senators and Representatives?

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

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

  15. Council of State • http://www.governor.state.nc.us/councilState.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/

  18. Cases • State v. Mann • Slavery: ruled that slave owners could not be charged with beating their slaves. • The Leandro Case • 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.” • N.C. Constitution

  19. Summary • Chart on page 395 • make-up of each branch • How elected • Term lengths

  20. Three Purposes of Local Government • Provide Services • Water • Fire Department • Schools • Parks • Libraries • Garbage Pickup

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

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

  23. North Western Counties Surry Stokes Rockingham Wilkes Yadkin Forsyth Guilford Davie Iredell Davidson Randolph

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

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

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

  27. Local Government • What types of governing bodies can local government have? • Mayor • City/Town Council • Board of Directors • In North Carolina • 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.

  28. 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) • May require approval of voters. • Defining the geographic boundaries of the municipality.

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

  30. Zoning • Three major types of zoning. • Residential -Housing, Apartments • Commercial -Stores, Offices • Industrial -Factories, Warehouses • Zoning • “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.” • http://real-estate-law.freeadvice.com/zoning/zoning_legalese.htm

  31. Fill in the Blanks • 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 ___________ . Incorporated Town Charter municipality laws taxes services

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