FEDERALISM

							NORTH CAROLINA
STATE GOVERNMENT
    FEDERALISM
SHARING OF POWER BETWEEN
 NATIONAL (FEDERAL) AND
   STATE GOVERNMENTS
 THE TWO GOVERNMENTS


• FEDERAL: USA
• STATE: NORTH CAROLINA
   SEPARATION OF POWERS




LEGISLATIVE   EXECUTIVE
                          JUDICIAL
BRANCH        BRANCH
                          BRANCH
    SEPARATION OF POWERS

LEGISLATIVE
                                       JUDICIAL
BRANCH
                                       BRANCH
Senate
                                       NC State
House of           EXECUTIVE
                                       Supreme Court
Representatives    BRANCH
                                       NC Court of
Passes state       Governor
                                       Appeals
laws               Lt governor
                                       NC Superior
Passes state       Is chief of state   Courts
budget             national guard
                                       NC District
Terms: 2 yrs for   Has line item       Court
both houses        veto power
SEPARATION OF POWERS
    NC STATE CONSTITUTION
•   “FIRST IN FREEDOM”
     – NC FREEDOM FOR ENGLAND
•   NC CONSTITUTIONAL PRINCIPLES
     – PREAMBLE: INTRODUCTION: WE THE PEOPLE
         • PG 355
     – AMENDMENT PROCESS (2 TIERED)
         • 3/5 VOTE OF PROPOSAL IN HOUSE & SENATE
         • MAJORITY VOTE OF THE NC CITIZENS
     – DECLARATION OF RIGHTS
         • 25 GUARANTEES OF FREEDOM
     – POPULAR SOVEREIGNTY
         • PEOPLE ULTIMATE SOURCE OF POWER GIVEN TO THE
            GOVERNMENT
         • LIMITED GOVERNMENT
     – SEPARATION OF POWERS
         • CHECKS AND BALANCES
        NC LEGISLATIVE
• Called General Assembly
• 2 house legislature (bicameral)- Senate
  and House of Representatives
           N.C. LEGISLATURE
•   NC GENERAL ASSEMBLY         •   US CONGRESS
     – SERVE 2 YR TERMS              – 2 YR TERMS HOUSE
       WTIHOUT LIMITS                – 6 YR TERMS SENATE
     – HOUSE OF                      – HOUSE OF
       REPRESENTATE                    REPRESENATE
        • 120 MEMBERS,                  • 435 MEMBERS,
          SPEAKER                         SPEAKER
     – SENATE                        – SENATE
        • 50 MEMBERS, LT. GOV           • 100 MEMBERS, V.P. &
          & PRESIDENT PRO                 PRESIDENT PRO
          TEMP                            TEMP
     – POWERS                        – POWERS
     – LONG SESSION (JAN-            – SESSION LAST 2 YRS
       JUN)                          – NO LONG OR SHORT
     – SHORT SESSION (MAY-
       6WK)                          – NEW BUDGET OR FISCAL
                                      YEAR: 10/1
     – NEW BUDGET YEAR OR
       FISCAL YEAR 6/1
           Requirements
• To be a member of the General
  Assembly, you must be a citizen of the
  state, live in district they represent and
  meet an age requirement. (Senator-25 yrs
  old, Representative- 18 yrs. old)
• Elected every two years
      Function of General
          Assembly
• Main job is to make laws
• Each house has a leader;
  Lieutenant governor resides over
  Senate and President Pro Tempore is in
  charge if Lt. Governor is not there.
• Introduce, sent to committee, study,
  revise, debate and pass or kill bills.
  NC EXECUTIVE BRANCH
• NORTH CAROLINA         • UNITED STATES
  – GOVERNOR               – PRESIDENT
    • 4 years                • 2 TERMS
    • 2 TERMS (RETURN)       • VICE PRESIDENT
    • LT. GOVERNOR         – ELECTED BY
  – ELECTED BY               ELECTORAL
    POPULAR VOTE OF          COLLEGE
    ST CONSTITUENCY        – PRESIDENT APPT
  – GOVERNOR APPT            CABINET OF 15
    CABINET OF 10
         EXECUTIVE CABINET
• NC                            • USA
  –    ADMINISTRATION             –   STATE
  –    COMMERCE                   –   TREASURY
  –    CORRECTIONS                –   DEFENSE
  –    CRIME CONTROL & PUBLIC     –   INTERIOR
       SAFETY                     –   COMMERCE
  –    CULTURAL RESOURCES         –   HUD
  –    ENVIRONMENT & NATURAL      –   USDA
       RESOURCES                  –   TRANSPORTATION
  –    HEALTH & HUMAN             –   VET AFFAIRS
       SERVICES
  –    JUVENILE JUSTICE &         –   HOMELAND SECURITY
       DELINQUENCY PRVENTION      –   HEALTH & HUMAN
  –    REVENUE                        SERVICES
  –    TRANSPORTATION             –   EDUCATION
                                  –   ENERGY
                                  –   JUSTICE
                                  –   LABOR
    NC COUNCIL OF STATE
• ELECTED OFFICIALS      • THIS DOES NOT
  – 8 YEAR TERMS           EXIST AT FEDERAL
  – COMMISSIONER OF        LEVEL
    AG                   • SOME OF THE
  – STATE TREASURER        POSITIONS DO BUT
  – SUPERINTENDENT OF      THEY ARE
    PUBLIC INSTRUCTION     APPOINTED NOT
  – SECRETARY OF STATE     ELECTED
  – ATTORNEY GENERAL     • DUAL TO GOVERNOR
  – COMMISSIONER OF
    LABOR                • OVERSEE HOW NC $
  – COMMISSIONER OF        IS SPENT
    INSURANCE
       NC Judicial Branch
• The North Carolina Judicial Branch
  interprets state laws and executive
  orders. NC has a three-tiered court
  system.
   1. NC Supreme Court
   2. NC Courts of Appeals
   3. NC General Trials Courts
                    • TYPES OF COURTS
NC JUDICIAL
BRANCH
•SUPREME COURT NC
•COURT OF APPEALS
•SUPERIOR COURT
•DISTRICT COURTS
   JUDICIAL BRANCH NC
• SUPREME   • 1 CHIEF JUSTICE & 6
  COURT       ASSOCIATE JUSTICES 8YR
              TERMS
              – 1ST DEGREE MURDER,
                APPEALS, REQUEST FROM
                STATE IN CRIMINAL CASES
    North Carolina Supreme Court

•    The highest court in NC
•    NC Supreme Court reviews cases
     appealed from the NC Appeals Court,
     if there is new evidence, unfair trial,
     or due process not followed.
•    There is 1 chief justice and 6
     associate justices that decide a case.
     They can remand, overturn, or uphold
     a decision. There is no jury.
      JUDICIAL BRANCH
• COURT     • 15 JUDGES – PANELS OF 3
  OF          THAT CIRCULATES
  APPEALS   • 8 YEAR TERMS
              – HEARS APPEALS FROM ALL
                DISTRICT COURTS
              – HEARS ALL APPEALS FROM
                SUPERIOR BUT 1ST DEGREE
                MURDERERS WITH DEATH
                PENALTY
              – APPEALS FROM AGENCIES
North Carolina Appellate Courts

•   A defendant can appeal his or her
    case if their rights are violated, new
    evidence comes to light or unfair
    trial.
•   Appellate court judges review the
    case and a panel of 3 judges will
    decide to either uphold the decision,
    overturn the decision or remand the
    case to a general trial court. There is
    no jury.
North Carolina Appellate Courts

•   A defendant can appeal his or her
    case if their rights are violated, new
    evidence comes to light or unfair
    trial.
•   Appellate court judges review the
    case and a panel of 3 judges will
    decide to either uphold the decision,
    overturn the decision or remand the
    case to a general trial court. There is
    no jury.
      JUDICIAL BRANCH
• SUPERIOR • 8 DIVISIONS AT LEAST 1
  COURTS     JUDGE/ DISTRICT
           • 8 YEAR TERMS
              – HEAR NEW JURY TRIALS FOR
                CONVICTED MISDEMEANORS
              – CIVIL CASES OVER 10000
              – FELONIES
    NC General Trials Courts
•   Superior Court: cases involving
    serious crimes (felonies) or civil
    cases involving more than 10,000.
•   There will be a jury of your peers to
    decide the case.
•   The judge keeps order, sentences the
    defendant if guilty, and can overturn
    a verdict reached by the jury if he or
    she feels the jury has not been
    impartial.
             JUDICIAL
• DISTRICT   • 39 DISTRICTS
  COURTS     • AT LEAST 1 JUDGE/
               DISTRICT
             • HAS A JURY TRIAL
               –   HEARS MISDEMEANORS
               –   CIVIL CASES UNDER 10000
               –   DOMESTIC RELATIONS CASES
               –   FAMILY COURT, JUVENILE 16 &
                   UNDER
   NC General Trials Courts
           (con)
District Courts
• criminal district court-misdemeanors
• civil cases involving less than 10,000
• juvenile court
• magisterial -traffic tickets, fines, etc
• There is no jury for district courts
   only a judge.
Landmark Court Decisions

          Bayard v. Singleton
            State v. Mann
          The Leandro Case


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