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Unit 7 State and Local Government

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  • What is the system of gov’t in which power is divided b/w levels called?
  • How did Montesquieu contribute to the US system of gov’t?
  • What are d,e,e,e’s powers that belong to Congress (fed’l level)?
  • What are powers that belong to the states called?

5. What are the powers that belong to both the federal and states called? (ex. tax)

6. Provide an example of a state power.

7. Which gov’t is considered supreme?

8. Name a supreme court case that reaffirmed that?

(think bank and steamboat)

What we already know:

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7-1 North Carolina Government

  • set up very similar to the federal gov’t
  • also has a Constitution

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North Carolina History

  • First in Freedom”: first provincial Congress to elect representatives to the Continental Congress
  • did not ratify the Constitution until delegates at the Convention added a Bill of Rights (much like the state constitution)
  • gone through 3 state constitutions (most recently 1971)
  • very similar to U.S. Constitution

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Set-up of NC Gov’t (refer to chart)

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A. State Legislative Branch

-Very similar to Congress (bicameral)

(called General Assembly in NC)

NC Senate-50 NC House 120

2 year Terms , no limits

-Legislative districts are equally populated and reapportioned every census year

-law making process very similar to Congress: must pass through both houses identically and be signed by the state executive (governor)

-laws at state level are referred to as statutes

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-State Congressmen

-varying requirements, full time job

-Ages for NC House-21; NC Senate-25

-Budget Problems are greatest concerns; MUST BALANCED!

*main responsibility: make statutes (state laws)

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Let’s review state gov’t...

*You will be creating a tree w/ 3 branches. Each day we will be working on the branch of NC gov’t that we learned about the day before.

*put answers on leaves and the leaves on the tree (in small groups)...Use notes, i-pads to find answers.

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Federal Legislative Branch

State Legislative Branch

similarities

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Today’s agenda:

  • Keep working on your fed’l branches tree (today is the Ex. Br. review)
  • After finishing Ex. Br. continue working on the NC Constitution Layout Act. (by tomorrow you need to have gotten through Art. 3)
  • NC Ex. Br. notes 7-1 last few minutes of class

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Help w/ Venn

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B. State Executive Branch

Consists of

1. Governor

-4 year term,

-2 consecutive term limit

-30 years old

2. Lieutenant Governor

-same as Governor

-presides over Senate

-member of Council of State

*These two positions are elected separately on the ballot

*must win by plurality or popular (by getting the most votes)

Lt. Governor Dan Forest (R)

Governor Roy Cooper (D)

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State Executive Branch

-Same Roles as President except he is the head of a state

Executive

Legislative (line item veto power)

Commander

Party

Judicial

State

***What is the only role he does not have that POTUS does?

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3. State Executive Departments and Agencies

(a little different from fed’l level; 2 different groups)

a. 8 major Executive Departments (appointed by Gov’r); governor’s cabinet:

Administration: Bill Daughtridge

Commerce: John Skarvla

Cultural Resources: Susan Kluttz

Environment and Natural Resources: Donald R. Van der Vaart

Health and Human Services: Rick Brajer

Public Safety: Frank Perry

Revenue: Jeff Epstein

Transportation: Nick Tennyson

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Elected positions:

  • b. 8 members of the Council of State (elected by people of NC)

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Federal Executive Branch

State Executive Branch

similarities

Brainstarter 4/20

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Itinerary:

  • Finish Judicial column of Federal Branches Review
  • Work on NC Tree (Ex. Branch)
  • Work on State Real Life Activities (online WS)
  • End of Class PPT 7-1 NC Judicial Br.

CNN

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C. State Judicial Branch

-State Courts handle all cases not given to federal jurisdiction, which is most cases (general jurisdiction)

-state judges are elected officials

*they do declare their party affiliation when they request their name on a ballot but are not supported by a party

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NC Courts Hierarchy

-State Judicial Branch is also a hierarchy w/ 4 levels. From bottom to top:

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Bottom Level: NC District Courts– Types of Cases:

-criminal (misdemeanor)

-juvenile

-magistrate

-Civil cases such as divorce, custody, child support and cases involving less than $25,000

*judge (elected every 4 years in partisan elections) or magistrate only

*39 districts in NC

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Superior Court is divided into eight divisions and 50 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.

However, they are chosen by the voters in those districts every 8 years in partisan elections.

2nd From Bottom: State Superior Courts– Types of Cases:

-criminal (felony cases)

-civil suits over $25,000

-appeals for District Court

*jury trials (12 person)

*50 districts

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3rd from Bottom: Appellate Courts

- reviews the proceedings that occurred in the trial courts for errors of law or legal procedure

-Fifteen judges hear cases in panels of three.

Top: State Supreme Courts

-highest court

-parties have no further appeal from its decisions on matters of state law

-considers whether error occurred at trial or in judicial interpretation of the law.

-Chief Justice and six associate justices

*Appellate judges are elected every 8 years (nonpartisan elections)

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Landmark NC State Court Cases:

  • State v. Mann (1830) slave holders cannot be prosecuted for attacking slaves
    • referred to in Uncle Tom’s Cabin about southern states defending slavery
  • -Leandro v. State (1997) involved school funding; ruling: state constitution does not require equal funding
    • eventually social programs were created to help equalize educational opportunities

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Unit 7 Brainstarter #4:�

(On the back of 3 Branches Review of the Federal gov’t)

Draw a 2 circle Venn comparing the Federal Judicial Branch to the NC Judicial Branch (at least 2 differences or similarities in each Venn)

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Federal Judicial Branch

State Judicial Branch

similarities

Brainstarter 11/2

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So far we...

  • Have reviewed the fed’l gov’t w/ a tree
  • Compared the state to fed’l branches w/ 3 venns on brainstarters
  • Taken a look at the NC Constitution w/ a Layout sheet
  • Finished our fed’l court case list (due Monday)
  • Today: Look at Real Life Examples of the 3 Branches of state gov’t (U

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Wrapping up State Gov’t

  • Remember that the state is supposed to balance its budget every fiscal year
  • Who creates the budget? (think Economic Leader)
  • Who votes on the budget?

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*Add to State Gov’t notes:

  • States must balance their budgets
  • Money state gov’ts spend:

*What are the biggest expenses of a state gov’t?

*Who prepares the budget? Who approves of it?

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State sources of revenue:

*What are the biggest sources of state revenue?

Separate source of revenue strictly for education purposes:

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Review Game

  • Goal: to be the first group to complete the components of state government
  • Materials:
    • Chalk to draw components of each branch
    • Slips of paper to be placed on each entity within each branch
  • Steps:
    • first draw the components (parts that exist w/in each branch)
    • Look through strips of paper to decide which branch they fall under
    • Place them where they belong