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North Carolina

North Carolina

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North Carolina

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  1. North Carolina • Civil Rights Movement • De facto segregation • Segregation by custom and tradition • North Carolina banned White and African America children from attending the same school, but required no discrimination of either race • Plessy v Ferguson (1896) • Supreme Court Case that affirmed • Separate but equal

  2. North Carolina • Civil Rights Movement • Brown v Board of Education of Topeka (1954) • Overturned Plessy v Ferguson • Court ruled that racial segregation violated the 14th Amendment equal protection clause • Ordered desegregation of schools “with all due haste” • Pearsall Plan • An attempt to ignore Supreme Court ruling • Proposed that local school boards take over supervisory roles for enrollment and busing • Why enrollment and busing? • Proposed that local school boards have the authority to close public schools • Proposed that the General Assembly provide payments for students who attend private schools because their parents did not want them to attend integrated schools

  3. North Carolina • Civil Rights Movement • 1966 • Pearsall Plan was declared unconstitutional • Swann v Charlotte-Mecklenburg Board of Education • Busing students and redrawing school boundaries are legal methods to desegregate schools • Sit-In Movement • February 1960 • Greensboro, NC • F.W. Woolworth’s lunch counter • Four students from North Carolina Agriculture and Technical College sit down and request service • Peaceful resistance to Jim Crow Laws

  4. North Carolina • Legislative Branch • The General Assembly – The Voice of the people • Makes laws • General Statutes • Laws that apply statewide • Sales tax is the same in Boone as it is in Cape Hatteras • Local or Special laws • Apply only to certain counties or cities • ½ cent local sales tax • Legislative oversight • Learn how well current laws are working and if new laws need to be made • Elects members of the University of North Carolina Board of Governors and the state community college system • Impeachment powers • Governor, council of state, judges

  5. North Carolina • Bicameral – Two Houses • Senate • 50 districts of roughly equal population • House of Representatives • 120 districts of roughly equal population • Members to both houses are elected to two year terms • No limit on the number of terms House of Representatives • Speaker • Presides over the house • key appointments • Senate • Lt. Governor is president of senate • Only votes to break a tie • President pro tempore • Leader of senate

  6. North Carolina • Executive Branch • Governor • Chief executive, four year term • 30 years old, U.S. citizen for 5 years, lived in NC for 2 years • Duties • Executive • Carries out state law, Prepares a budget, Appoints officials • Legislative • Approves or vetoes • Commander in Chief • In charge of military forces of the state (National Guard) • Judicial • Offers pardons; grants paroles • Ceremonial • Greets important visitors • Party Leader • Leads political party in the state

  7. North Carolina • Lieutenant Governor • Four year term • Same requirements as governor • Runs for office separate form the governor • State Cabinet • Administrators who oversee government departments • Department of Administration • Budget work • Department of Corrections • Runs the prison and parole system • Department of Crime Control and Public Safety • Emergency management and Highway Patrol • Department of Health and Human Services

  8. North Carolina • Council of State • Heads of state agencies, elected to a four year term • Attorney General • State Bureau of Investigation • Commissioner of Agriculture • Agriculture research and product safety • Commissioner of Insurance • Regulates insurance companies • Commissioner of Labor • Oversees worker safety and fair employment • Secretary of state • Registers corporations • Superintendent of Public Instruction • Oversees public school system • State Auditor • Reviews the actions of other state departments • State Treasurer • Manages the state money

  9. North Carolina • Judicial Branch • District Court • Counties grouped into districts by population • There is no jury • The judge who hears the case decides the verdict • Juvenile law, divorce and family law, traffic violations, civil cases involving less than $10,000, misdemeanors • Judges are elected for four year terms • Ashe, Alleghany, Wilkes, Yadkin

  10. North Carolina • Superior Court • Civil cases involving more than $10,000 and felonies • North Carolina Constitution guarantees all defendants trail by jury in criminal cases • Convictions from district court can appeal to superior court and get a jury trail • Judges are elected to eight year terms • Ashe, Alleghany, Wilkes, Yadkin

  11. North Carolina • Court Officers • Clerk of Superior Court • Establishing validity of wills • Conduct foreclosure sales • Magistrate • Issue search warrants • Issue arrest warrants • District Attorney • Represents the state in all criminal cases • Represents the state in juvenile delinquency proceedings • Public Defender • Represent extremely low income or indigent persons

  12. North Carolina • Appellate Courts • North Carolina Court of Appeals • Questions of law and procedure • Hear cases appealed from the trail courts • 15 judges that hear cases in groups of 3 (panels) • At least 2 judges must agree to reach a decision • Judges are elected statewide for a term of 8 years

  13. North Carolina • The North Carolina Supreme Court • Reviews cases a lower court has already decided • Interprets the state’s constitution and laws • Seven judges elected to an eight year term • Judges decide which cases they will hear • Hear appeals of all death sentence cases • Decisions are final unless there is an issue that involves the U.S. Constitution • Supervise all the other courts in North Carolina

  14. Local Government • County • The largest territorial and political subdivision of the state • 100 counties • County Seat • The center of county government • Wilkesboro • County office – tax, planning, finance, building inspectors • Municipalities • Are unities of government that have legal rights granted by the state • Cities, towns, and villages • Each municipality has been incorporated • Incorporated • The state has declared a specific geographic area is a municipality and given it a charter • Charter • Outlines the basic rules for municipal government • Changes made by the General Assembly or “home rule”

  15. Local Government • Home rule • Allows municipalities to write their own charters, create government and manage their own affairs • Unincorporated areas can ask the General Assembly to become municipalities if they decide they need services • Annexation • The process of bringing unincorporated areas into and existing municipality • Requested • The General Assembly has given municipalities authority to annex adjacent areas • Forced

  16. North Carolina • Each municipality elects its own government • City council, town council, board of commissioners, board of alderman • Local legislature – pass local laws called ordinances • Establish policy, approve budgets, set tax rates • Voters elect the governing board • At-large • All voters can vote for all members of the board or council • By district • Voters in a certain district choose that districts member on the board.

  17. Mayor • Presides over the meetings of the governing board • Not responsible for administering government • Manager • Professionally trained and educated • Hired to carry out the boards policies • Day to day operations of government • Executive (president)

  18. North Carolina • Counties • Act as an arm of the state • Education, elections, health, social services, ABC • Board of Commissioners • Governing body • Set county tax rate • Approve county budget • Establish county policies • Chairman – presides over the meetings • Clerk • keeps official records • Provide information to citizens • Publish notices

  19. Manager • Administers the policies and services the governing body has established • Professionally trained, MPA • Prepares a draft budget • Appoints people to head some departments • Oversees employees of departments • Independent departments that must work with manager • Sheriff, Register of Deeds,

  20. North Carolina • Budget • A governments spending priorities • A plan for managing and spending money • The State Budget Process • Year runs for July 1 to June 30 • Biennial – two year budget in odd years • Must be a balanced budget • Proposed by the governor • Estimates of revenue and expenditures • The General Assembly studies and revises • Approves and sends to governor

  21. North Carolina • Maintaining a balanced budget • Raise additional revenue to cover shortfall • Increase taxes, increase fees • Spend money from government savings accounts • Rainy day funds, reserve balance funds • Cut back on spending • Reduce or end services • Propose a combination of all three options • Minimize the impact of any one kind of change

  22. North Carolina • Expenditures • Public schools • Health and human services • Revenue • Individual income tax • Sales and use tax • Budget surplus • Government has extra money • Revenue is more than expenditures (2006)

  23. North Carolina • Borrowing money • North Carolina government cannot borrow money for operating cost (day to day cost) • Capital projects • Jails, schools, roads, • Bonds • A governments promise to repay debt • Revenue bonds • Revenue producing projects – toll bridges, parking structures • General Obligation • Finance public works projects and must be approved by voters

  24. North Carolina • Municipal and County Budgets • Required by the state to pass balanced budget • Budget years runs from July 1 to June 30 • Expenditures • Human services • Utilities – water, sewer • Education • Public safety – police and fire • Revenue • Property tax • Sales tax • Sales and services • Water, power, fees for services