SateGovernmentNotes (1).ppt

Our Federal System of

Government

Federal System of

Government

• National government

= Federal

Government

– Very weak under Articles of

Confederation

• States gave up some

of their power to

have stronger

federal government

• Result: U.S.

Federalism

– System of government

where national

government and state

governments share

Supremacy Clause – U.S. Constitution

Article VI

• Laws made by Congress

outweigh state laws

• Established by Supreme

Court case McCulloch v.

Maryland

Constitutional protections for

states

• Federal government

Protections, Cont’d.

• Each state governs

itself

• Constitution only says

what states

cannot

do

– Make treaties w/ other

nations

– Declare war

– Issue their own money

– Tax imports from other

– Constitutional Amendments keep states from

denying its citizens their rights

Protections,

Cont’d.

• States can

maintain an

armed force

(National Guard)

– Controlled by

Reserved Powers – 10

Amendment

• All powers

not

given to

the federal

government

in the

Constitution

are

reserved

to

the states

– Marriage & divorce laws – Public

Reserved Powers, Cont’d.

• Each state is

responsible for

the

health/welfare

of its citizens

• Police, schools,

roads, local

Federal

Supremacy

• Federal laws override

state laws.

– If a state law conflicts

w/ federal law, the

Concurrent Powers

• Powers shared by the

federal government and

state governments

– Both may

• Collect taxes • Borrow money

• Constructing roads, etc.

• Spending for general welfare • If conflicts arise between a

Opposing Views: States’ Rights

vs. Nationalist View

• States’ Rights:

– Power of national

government should

be more limited since

states created it

– State governments

are closer to the

people, so they

Nationalist View

• Arguments For:

– The people, not the states, created the national government and the states

– Under Necessary & Proper Clause, Congress can do anything necessary to carry out its “expressed” powers.

– National government should use that power to solve social &

Cooperation between national

government and states

• Began in 1930s w/

FDR’s New Deal policies

– Purpose: Help pull U.S.

out of Great Depression

• Federal government

helps states w/ building

highways, education

Cooperation, Cont’d.

• Federal government gives

states “grants-in-aid”

– $$ to help states pay for

some programs

Cooperation Between Federal Government &

States, Cont’d.

• Full Faith and Credit Clause of Const.

– Guarantees all states will cooperate with each

other

Article IV of Const.

•Says all states must

have republican form of

government. In return,

the federal government

will defend states if:

•Invaded by foreign

nation

•In cases of

domestic violence if

Full Faith and Credit Clause,

Cont’d.

• Ex. Lyndon

Johnson

All State Const’s:

• Are modeled after U.S. Constitution w/

– Separation of powers among 3 branches

– How each branch is organized

– Powers and term limits of govt. offices

• Governors, judges, and state senators, etc.

– Bill of Rights

• Specifically for the state’s citizens

North Carolina Government

Whitewater Falls, Sapphire, North Carolina

Surfing at Hatteras

N.C. History

• In ancient times, eastern half of the state was underwater, & giant megalodon sharks

roamed the waters.

• It is believed that the first Native Americans inhabited the New World 10,000 to 12,000 years ago. Eventually,

• In the 1580s, the British established two colonies in North

Carolina, both of which failed. In the 1600s permanent settlers from Virginia began to move to North Carolina, and it

• Many people believe that in 1775 North

Carolina became the first colony to declare

independence from Great Britain. After the

American Revolution, North Carolina

• In 1861, North Carolina seceded from the

Union and joined the Confederacy in the Civil War. In 1865, North Carolina troops

History of N.C. Cont’d.

• N.C. became a state in 1789

• N.C. Constitution – written in 1776,

1868, 1971

N.C. Constitution

• Preamble of N.C. Constitution

– States purpose of the N.C. government

• We, the people of the State of North Carolina,

grateful to Almighty God, the Sovereign Ruler of

Nations, for the preservation of the American Union

and the existence of our civil, political and religious

liberties, and acknowledging our dependence upon

Him for the continuance of those blessings to us

N.C. Constitution

Cont’d.

• Written to be flexible

• May be amended

• Is open to interpretation

– N.C. Supreme Court

Original seat of N.C. Supreme Court,

N.C. Declaration of Rights

• Comes after the Preamble

• Says N.C. should maintain

some sovereignty

(independence) from the

federal government

N.C. Const., Cont’d.

• N.C. and Popular

Sovereignty

– Means people of N.C. make, and may change, the laws of the state

– In U.S. history, popular sovereignty referred to choice of a state to have slavery or not

N.C. Constitutin Cont’d.

• Limited Govt. Powers

– Restricted by law

N.C. Const., Cont.

– Government powers must be separated among

the 3 branches

• Leg., Jud., Exec.

– Checks & Balances

N.C.’s Three Branches of

Government

• Executive

• Legislative

N.C. Executive Branch – Governor

& State Agencies

• Function: Carries out laws made

by N.C. legislature

• Governor – N.C. chief executive

– Like the president of the state

• No state Electoral College – citizens of the state elect the governor directly

• Qualifications:

– American citizen

– At least 30 years old

– Resident of the state for at least 5 years

N.C. Executive Branch – the Gov.

and Exec. Agencies, Cont’d.

• Carries out the

laws

• Governor – Bev

Perdue – 4 year

terms w/ 2

N.C. Executive Branch,

Cont’d.

• Lieutenant Governor –

2nd highest office in N.C.

– Kind of like the vice president of the state

– Only elected official in N.C. with powers in both the executive and legislative branches

– Acts as president of the

How Governors are Elected

• A person running for

governor must gain a

nomination, usually by

winning a political party

primary.

• Then the nominee runs in

the general election.

• Can be removed from

office by impeachment or

by a recall election

initiated by voters.

Connecticut governor resigns June 21, 2004: Connecticut Gov. John Rowland, facing a corruption scandal and

Powers & Duties of Governors

• Governors suggest new bills and lobby the legislature to pass them.

• May veto bills.

– N.C. governor has Line Item Veto

• Can veto only one part of the bill

• While the president of the United States

may veto an entire bill only, governors may choose to veto only a specific part of a bill.

Powers and Duties Cont’d.

• Governors may also:

– Grant pardons (forgive person of crime)

– Commute (reduce) sentence

– Grant parole (early release from prison) with restrictions.

• Commander in Chief of National Guard for state.

• Political party leader on state level and serve as ceremonial leaders as well.

• No longer are governors always white males.

State Executive Depts.

• Officials in charge of executive departments

• Advise the governor & help her carry out the laws

State Executive Depts., Cont’d.

• Secretary of State -

State Executive Depts., Cont’d.

• Attorney General -

represents the state and

advises government

State Executive Depts., Cont’d.

State Executive Depts., Cont’d.

• Auditor - reviews the

state’s records.

Executive Depts., Cont’d.

• Most states have:

– State Welfare Board

• Provides services to low income families, help with finding jobs, etc.

– Board of Health

• Runs programs in disease prevention and health education

– Depts. of Public Works and Highways

N.C. Legislative Branch

• N.C. legislature = N.C.

General Assembly

• Makes N.C. state laws

– House of

Representatives

– 120 members

– Senate

N.C. General Assembly, Cont’d.

• Makeup of Legislature

– Bicameral (2 houses, like Congress)

• Lower House (N.C. State HOR)

– Different States have Different Sized

Legislatures:

• New Hampshire’s HOR has 400 members and 42 senators

N.C. Legislative Branch

• N.C. legislature makes N.C. laws

– All N.C. laws subject to Due Process

Clause of U.S. Constitution (14

N.C. Legislature, Cont’d.

• General Assembly

Committees

– Senate President and

Speaker of House appoint

members from each house

to serve on standing

committees

N.C. House Speaker Joe Hackney

Reynolds v. Simms (1964)

• U.S. Supreme Court said

state election districts

must be equal

– Goal:

• One person = one vote

State Legislative Sessions and

Leaders

• Like in the U.S. HOR and

Senate, state legislatures

choose their leaders for each

house

• Terms limits vary by state – 15

have limits, the rest do not

Passing a state bill into a

state law

• Just like in Congress for fed. laws:

– Bill is:

•Introduced

•Sent to committee. If it passes,

goes to . . .

•Floor for debate

How a State Bill Becomes State Law,

Cont’d.

• Goes to other house – goes through the same

process as before

• If it passes both houses, goes to the governor

• Governor signs bill into law or vetoes it

– If vetoed, state legislature can override veto with a 2/3 vote

State Judicial Branch

• Describe the organization

of state courts and how

the state court judges are

elected.

Wayne County

Courthouse

(8

Judicial

State Courts Cont’d.

• The 50 state court systems handle most of

the nation’s legal matters

• Interpret and apply state constitution and

laws

3 Levels of State Courts

• 1) Lower (Local) Courts:

Handle minor crimes &

lawsuits

– Justice Courts

• In rural areas & small towns

– Handle misdemeanors

(less serious crimes)

Lower State Courts, Cont’d.

– Magistrate courts

(a.k.a. police courts)

(found in larger

towns and small

cities)

•Handle minor

offenses & civil

Lower State Courts, Cont’d.

• Municipal courts

– Specialized lower courts in larger

cities

– Traffic, juvenile, small claims, etc.

courts

– Small claims courts

– No lawyers

– Plaintiff - party who files lawsuit

2) General Trial Courts

• Handle felonies

(serious crimes) &

lawsuits involving

large amts. of $$$

• Gen. Trial Courts in

N.C. are called:

– District or Superior Courts

– Other states call them:

• County

• Common Plea • Circuit

• Superior

Appeals Court Overturns Murder Conviction in DWI Case

Posted: Jan. 15, 2008

RALEIGH, N.C. — A man sentenced to at least 50 years in prison for killing a woman in a drunken-driving wreck will get a new trial, the North Carolina Court of Appeals ruled Tuesday. In a 2-1 decision, the court said Kenneth Wayne Maready is entitled to a new trial on the charge of second-degree murder because the trial court "allowed foregoing evidence to establish malice.”

“Although [Maready] had four convictions for driving while impaired within the 16 years prior to the date of the offense in the present case, the trial court allowed the introduction of several other convictions that were too remote in time,” the ruling stated.

3) N.C. Appellate Courts

• A.K.A. Appeals Court

– Review trial court decisions

Authorities in Charlotte, North Carolina have switched off their red light and speed camera units. The NC state appeals court ruled that 90% of proceeds should go to state schools, not to the city or the company that operates the cameras.

Peek Traffic Inc., the firm responsible for operating and monitoring the cameras had been receiving a whopping $35 out of every $50 for every ticket for blowing a red light, or $39 for those snapped speeding. The new ruling means that the city would have to shell out $30-$34 per ticket, something they obviously aren't keen to do. By this ruling, Charlotte now owes the school

(3. Cont’d.) N.C. Supreme Court =

Highest state court

–

_{Reviews N.C. Appeals Court}

decisions

–

_{Interprets state const. &}

laws

The N.C. Supreme Court has refused to hear convicted murderer Lee Wayne Hunt’s

appeal.

We don’t know the court’s reasoning yet; more on that when we do.

Hunt, who is from Fayetteville, was convicted of murdering Lisa and Roland “Tadpole” Williams in Eastover in 1984, but he has always proclaimed his innocence.

One of his co-defendants, Jerry Dale

Cashwell, allegedly said that was true — but Cashwell said that in secret to his lawyer, according to that lawyer, Staples Hughes.

Cashwell died in prison in 2002 and in 2003, in an unrelated case, the state Supreme

Court said lawyers can break attorney-client privilege in limited circumstances after the client dies. Hughes came forward with the information in 2004.

Hunt, who is 48, is eligible for parole in 2028.

How State Judges are

Selected

•

_{Varies by state.}

Some are chosen

by:

–

_{Popular vote –}

N.C. residents

elect judges

–

Election by the

state legis.

–

_{Appointed by}

state’s gov’r.

Judge Wynn is running for re-election to the North Carolina Court of Appeals.

How State Judges are Selected, Cont’d.

•

Some states select judges

through “Missouri Plan”

–

Gov’r. appoints judge from list

prepared by a commission

–

At next election, voters decide

if judge gets appointment

• Critics argue that judges who must

win election may be more concerned

with pleasing voters than

administering the law impartially.

Thomas Joseph Pendergast

How Judges are Elected, Cont’d.

• Also, voters may know

little or nothing about

the candidates.

• Others argue that

popular election of

judges ensures a

government “of the

How State Judges are Elected,

Cont’d.

• Judges usually have terms of 6 to 12 years.

• Longer terms are intended to make judges more independent of public opinion.

•

_{Judges may be removed by}

impeachment.

• Most states also have boards that investigate complaints about judges.