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The NC Constitution and State and Local Government

Learn about the history and principles of the NC Constitution, the structure of state government, controversies in state government, and the revenue and expenditures of the state. Explore the roles and functions of different branches and levels of government in North Carolina.

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The NC Constitution and State and Local Government

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  1. Goal 3 State and Local Government and the NC Constitution

  2. The NC Constitution • First state constitution in 1776 created by constitutional convention in NC (2/3 of delegates voted for it) • Any proposed changes to the constitution are done by referendum (go to the people for a vote) • Amendments pass with 3/5 vote by the state legislators in NC General Assembly

  3. Historical Background of NC Constitution • 1776 – First draft • 1835 – Governors are popularly elected • 1862 – Secession from the union • 1868 – New Constitution drafted during Reconstruction (rejoining the union) • 1971 – New Constitution updating things

  4. Popular Sovereignty Limited Government Separation of Powers Checks and Balances through 3 branches 1) General Assembly – Congress 2) Governor and Council of State 3) NC Supreme Court Principles of the NC Constitution

  5. Structure – Articles in NC Constitution

  6. Legislative Branch General Assembly - Consists of a House and Senate - Makes laws (statutes) Executive Branch - Governor can veto, line-item veto, command national guard, prepares state budget, etc. - Council of State (including Lt. Gov) elected by people - Cabinet appointed by the Governor State Government

  7. Judicial Branch in State Government • Consists of District (misdemeanor case), Superior (felonies), Court of Appeals (appellate jurisdiction), and NC Supreme (highest in state) Courts • State v. Mann – state constitution is ultimate authority and says power of master is absolute • Leandro Case – state government is obligated to give all students a quality education

  8. Controversies in State Government • Annexation – city takes over outlying areas • Money – state must have balanced budget • Education – charter schools and public schools, as well as school busing • Disaster Relief – who should provide it? • Political Corruption – includes gerrymandering and other practices

  9. State Revenue and Expenditures • Taxes include: Income, Corporate, Property, Inheritance, Estate, Sales, Excise • Other revenue includes permits, licenses (driving), user and disposal (waste) fees, fines, municipal bonds, and intergovernmental revenue (comes from national government through grants-in-aid)

  10. County – commissioners (representatives), manager (head), sheriff (law head) Special District (education for example) Towns, Townships have town councils Cities – pass ordinances (laws) 1) Mayor-Council (mayor and city council with aldermen) 2) Council-Manager (manager appointed by city council, mayor is ceremonial role) Local Government

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