Understanding our State Government. History of the North Carolina Constitution: 3 Constitutions (1776, 1868, 1971) Why did NC replace its Constitution.

Understanding our State Government

History of the North Carolina Constitution:

3 Constitutions (1776, 1868, 1971)

Why did NC replace its Constitution in 1971?

Language was updated and Segregation was outlawed after Swann v. CMS

Similar Principles

NC Constitutional PrinciplesPopular SovereigntyGovernment gets its power from the

peopleLimited GovernmentThe gov’ts power is restricted by the

NC Constitution and the people

What is this similar to?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 and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution.

Federalism

Qualifications Beverly PerdueGovernor/Lieutenant

GovernorAge: 30 years oldResidency: Citizen 5

yrs. and Resident of NC for 2 years

Length of Term: 4 yrs.

Term Limit: 2 terms

North Carolina’s Executive Branch found in Article III

Two Candidates running for Governor

Lt. Governor

Dan Forest Linda Coleman

Qualifications for State Officials House of Representatives (120 members)

Age: 21 years old Residency: Citizen and Resident of NC for 1 year

Length of Term: 2 yrs.Term Limit: None

Qualifications for State Officials: Senate

Senate (50 members) Age: Must be at least 25 years oldResidency: Citizen and Resident of NC for 2

years Length of Term: 2 yrs. Term Limit: Can serve an unlimited amount

of terms as long as you are reelected by the people.

Bicameral

State Level (N.C.)The General

AssemblySenate 50 SenatorsHOR120 Representatives

Make the laws, just like the federal legislative branch.

Click to view NC General Assembly

http://www.ncleg.net/

Judicial Branch

District Courts- Lowest level Hear Majority of casesNo JuryHear all types of cases

Civil Case: disputes involving less then $10,000

Minor Crimes: misdemeanorsMajor Crimes: felonies (initial)

Ex. Traffic court

Superior Courts- Second lowest levelHears civil cases over $10,000Feloniesany case that is requestedover 300,000 cases a year

The State has 8 districts

Judicial Branch

Elected officialsJudgesCounty Clerk for courts

AppointedMagistrate

Judicial Branch

Appellate CourtsNC Court of Appeals

14 Judges elected

NC Supreme CourtFinal LevelInteroperates state constitution

Landmark Cases State v. Mann 1830Leandro Case

Copy the Chart on Page 395

http://www.youtube.com/watch?v=W0HTb4fD95s http://www.youtube.com/watch?v=XVay9RP_sqYWalter Daltonhttp://www.youtube.com/watch?v=QeIgbJI_mIkhttp://www.youtube.com/watch?v=ZW-9p3Wf18M&feature=relmfuPat McCrory

Based upon the Political Advertisement s who would you all endorse for governor? With a partner take five minutes to discuss your opinions. Then we will share with the class why you would vote for the candidate of your choice.

Activities

Using the North Carolina Constitution, find five constitutional protections. Predict how life would be different without these protections.

Compare and Contrast the principles in the preamble to the N.C. Constitution with the preamble of the U.S. Constitution. Discuss why the similarities and differences exists. Graphic organizer

Venn Diagram

North Carolina Judicial System

Our Levels of Courts

District Courts

There are 39The judge hears the

case and makes ruling, no jury.

Misdemeanors ($10,000 or less)

Civil Cases Judges are elected

every 4 years.

Superior Courts

Handle civil cases involving more than $10,000.

More serious crimesTrial by Jury or Jury

trialsDeal with About

300,000 cases per year.

8 Superior Courts Elected every 8 years

Superior Court is divided into eight divisions and 46 districts across the state. Every six months, Superior Court judges rotate among the districts within their division. The rotation system helps avoid favoritism that might result from having a permanent judge in one district.

More on Superior Courts

The Governor also appoints about 15 special superior court judges who serve as needed.

Todd Burke youngest judge appointed to Superior Court by Jim Hunt 1995

http://www.nccourts.org/courts/appellate/appeal/biographies/Judges.asp Judge Biographies

2000 cases every year

Hears appeals from the District and Superior Courts

15 Judges, they hear cases in groups of three.

Elected every eight years

Court of Appeals

What do they do? Judges

Interprets the State Constitution

The Supreme Court of North Carolina is the state's highest court, and there is no further appeal in the state from their decisions. This court has a chief justice and six associate justices who sit together as a panel in Raleigh. The Supreme Court has no jury, and it makes no determination of fact; rather, it considers error in legal procedures or in judicial interpretation of the law.

There are 7 in allOne is the chief

Justice

North Carolina Supreme Court