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What does this picture have to do with the relationship between the state and federal governments?

Federalism

-Federalism
Power is shared by federal AND state government -Enumerated Powers Powers given federal only -Reserved Powers Powers given to state only -Concurrent Powers Powers shared by federal and state -Supremacy Clause Federal government supreme to states/Article 6 of Constitution

Federalism -State Constitutions Highest law in the state Approved by federal government -Federal-State Cooperation Federal government gives money to states to help programs Full Faith and Credit Clause

The Declaration of Rights


This

is kind of like the Bill of Rights in the US Constitution. It guarantees the rights of citizens in North Carolina. The NC Constitution also ensures the right to a public education in the Declaration of Rights because it is a Reserved Power (10th Amendment to the US Constitution)

State Executive Branch

Nomination similar to president, but elected directly by the people


-Governor 4 year term, 2 consecutive term limit No limits on total number of years 30 years old -Lieutenant Governor Second in command in the state (like the Vice President)

State Executive Branch -Same Roles as President Executive Executive orders, budget Legislative

More veto power than President


Can line-item veto Commander
Most governors are given more legislative power than even the President because they have the power to line-item veto. This means that the governors can take a bill passed by the state legislature, and rather than accepting or rejecting the entire bill as it is, he or she can mark through certain parts of the bill (items), and then pass it. Some Presidents want this power, but during the Clinton administration, the Supreme Court ruled this unconstitutional. Why do some people want Presidents to have this power? Why not?

Of state National Guard


Party

Judicial
Pardon, commute, parole State

State Executive Branch

LIEUTENANT GOVERNOR Beverly Perdue 310 N. Blount Street, 27603 20401 Mail Service Center Raleigh, NC 27699-0401 (919) 733-7350 Fax: 733-6595

STATE TREASURER Richard H. Moore Albemarle Building 325 N. Salisbury Street Raleigh, NC 27603 (919) 508-5176 Fax: 508-5167

-State Executive Departments and Agencies -10 major Executive Departments (appointed)

STATE AUDITOR Les Merritt Old Revenue Building 2 S. Salisbury Street 20601 Mail Service Center Raleigh, NC 27699-0601 (919) 807-7500 Fax: 807-7647

COMMISSIONER OF LABOR Cherie K. Berry Labor Building 4 W. Edenton Street Raleigh, NC 27601 (919) 733-7166 Fax: 733-6197

ATTORNEY GENERAL Roy A. Cooper, III Old Education Building 114 W. Edenton Street Raleigh, NC 27602 (919) 716-6400 Fax: 716-6750

SECRETARY OF STATE Elaine F. Marshall Old Revenue Building 2 S. Salisbury Street Raleigh, NC 27601 (919) 807-2005 Fax: 807-2020

-8 Council of State Departments (elected) Operate like the departments and agencies that aid the President

COMMISSIONER OF INSURANCE James E. Long Dobbs Building 430 N. Salisbury Street, 27603 P.O. Box 2638 Raleigh, NC 27611 (919) 733-7343 Fax: 733-6495

SUPT. OF PUBLIC INSTRUCTION June Atkinson 301 N. Wilmington Street Raleigh, NC 27601 (919) 807-3430 Fax: 807-3445

State Legislative Branch -Very similar to Congress (called General Assembly in NC) NC Senate-50 NC House 120

2 year Terms, no limits


For ALL of the General Assembly -Legislatures can be based only on population Reynolds v. Sims State congressional districts must represent the same number of people (one person, one vote)
The legislature for North Carolina is called the General Assembly, and like our national Congress, it is bicameral. The two houses in the General Assembly are called the House of Representatives and the Senate. Each person serves for two years in the General Assembly. Like Congress, the General Assemblys job is to pass laws for the state, called statutes.

State Legislative Branch -State Congressmen Live in NC 2 years, district for 1 varying requirements, full time job
NC Speaker of the House Joe Hackney

NC House-21, NC Senate-25
Leadership = NC House Speaker, Lieutenant Gov. -Law Passing Process very similar to Congress State laws called statutes
NC Senate President Pro Tempore Marc Basnight

Types Of Statutes
By following proper procedures and observing Constitutional limitations, the General Assembly can create new law and can destroy old law. The kinds of laws which are enacted may be classified under five general heads:

(1) Laws regulating individual conduct. These laws prohibit certain acts or require certain acts by an individual in order to promote the interests of society generally. These laws frequently impose a penalty of a fine, imprisonment, or both, for violations, and in such cases are known as criminal laws. (2) Laws providing for services by the State. These laws include provisions for schools, hospital and health services, agricultural and industrial research, public recreation facilities, and many other types of services which the State may provide for its people. (3) Laws empowering or directing local governments to act. Cities, counties, and many other types of local governmental units are subject to State control. This control is generally exercised through the General Assembly by laws enabling or directing the local units to act in the manner desired by the State. (4) Laws determining how much money shall be raised by the State and for what purposes it shall be spent. When the General Assembly enacts the various tax and appropriations bills, it makes two determinations: (a) How much of the resources of the people of the State shall be taken for purposes of government, and (b) Which governmental services and purposes shall have priority in the competition for available funds. (5) Amendments to the State Constitution. In addition to the above four types of statutes, the General Assembly may propose amendments to the State Constitution. If an act to amend the Constitution is approved by at least three-fifths of the total membership of each house, the proposal is then submitted to the voters of the whole State. If a majority of the voters approve, the proposed amendment becomes part of the Constitution.

State Legislative Branch -Budget Problems are greatest concern Cannot adjourn until state budget balanced Cannot deficit spend -Leandro case involving school funding Schools paid for by property taxes More money = higher property tax
Filed in May 1994, the Leandro suit challenged the way North Carolina educates its public school students. After 11 years of litigation and two major North Carolina Supreme Court decisions one upholding the right of every student to a sound basic education, and the other defining what the state would have to providethe state's General Assembly is still struggling to determine how much money it should spend on low-wealth school districts as well as on urban districts that enroll large numbers of low-income students. Wake County Superior Court Judge Howard Manning is pushing state officials to respond adequately to the courts' requirement to provide qualified teachers in every classroom, a competent principal in every school and sufficient resources for every class. But, while he has kept the heat on them to perform, he has resisted telling them how much money to spend.

State Judicial Branch

-State Courts handle all cases not given to federal jurisdiction, which is most all cases -Most state judges are elected

officials

-elected in non-partisan elections No political parties listed (unbiased) -debate over election process

State Judicial Branch -Lower State Courts misdemeanor cases, family law and small civil suitsjudge only -Higher State Courts felony cases, large civil suitsjury trials -trial courts, county court,
North Carolina Supreme Court and Court of Appeals Harnett County Courthouse

district court

39 districts in NC -Appellate Courts Hears cases appealed from trial courts (appellate jurisdiction)

-State Supreme Courts


6 justices, decision final

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