5/14 Wednesday5/14 WednesdayTOTD: Why is it important to the US to have both state and federal powers?•Finish notes on film/assessment•Pg 45 notesNC State Government •Study Guide/Review•Test: pgs. 37-44 THURSDAY

Federalism-Federalism-• Powers shared between the national and state governments• These powers are listed below:-ENumerated Powers: (exclusive, delegated, expressed)• National gov’t powers

-ReServed Powers- • State powers (10th)-CONcurrent Powers- shared by both...-Supremacy Clause-ntl law and st law

conflict... National is supreme! (ART 6)-State Constitutions-yes, we have one-Federal-State Cooperation-must work

together to have order and protection of citizens!

Look @ chart p 284Write 2 examples for each power to the left.

State Executive Branch

-Governor– (P)• 4 year term• 2 consecutive term limit• at least 30 years old-Lieutenant Governor (VP) (Dan

Forest)• must meet same requirements• In place to take over if need be• Few duties• ** preside over state senate**Some states the Lt. Governorand Gov run as a team

• Pat McCrory 74th Gov of NC•Previously 14 years as Mayor of Charlotte from 1995 to 2009•City councilman from 1989 to 1995.•McCrory also received a presidential appointment by president George W. Bush to serve on the United States Homeland Security Advisory Council(HSAC) from 2002-2006

State Executive Branch-Same Roles as President• Executive

•Most Important role•Responsible for carrying out laws of the state

• Legislative •State’s chief legislator•Gets to play a part in the Legislative process•Suggest new bills•Try to persuade the Gen. Assembly to pass them•Power to veto•LINE ITEM VETO-veto parts of a bill…pres can’t do this

•Commander•Commander in chief•In charge of National Guard (State militia)

•Party •Leads the political party in the state

•Judicial•Offers pardons, reprieves, grants paroles

•State•Chief of State•Ceremonial•Greets important visitors•Represents the state

State Executive Branch

-State Executive Departments and Agencies

• Governors have a cabinet (like the pres)

• Top officials in charge of executive departments for state

• Some are elected/some are appointed-10 major Executive Departments(appointed)-8 Council of State Departments(elected)

Examples: •Sec of State- manage elections•Attorney General- represents the state in lawsuits. Gives legal advice to governor, state agencies and L branch•Treasurer- collects taxes, invests state funds •Dept of Public Works- responsible for building and maintaining roads, bridges, public buildings...

State Legislative Branch

-Very similar to Congress• (called General Assembly

in NC)• NC Senate-50 NC House 120• 2 year Terms • no limits-Legislatures can be based only

on Population• Reynolds v. Sims

• “One man, One vote”

Who represents me?House:

•George CleVeland (Dist 14)

•Chris Millis (Dist 16)•Phil Shepard (DIST 15)

Senate:•Harry Brown (Dist 6)

State Legislative Branch-State Congressmen/women

varying requirements, full time jobNC House-21, NC Senate 25

-Law Passing Process very similar to Congress

-Budget Problems are greatest concerns-Leandro case involving school funding(1995) Is there a baseline level of education to which all children in North Carolina are constitutionally entitled, and if so, what is it?

Who is responsible for providing this baseline level of education? and

Upon answering the former two questions, what are the parameters that the constitutionally responsible party must respect in providing the baseline level of education?

•

p. 652

Leandro v. State of NCLeandro v. State of NC• **The NC constitution does not

require equal funding but requires that every child have an opportunity to receive a sound basic education.

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-debate over election process

•Some people feel that judges who must run campaigns may be too concerned about the effect of their rulings on the public.•More people pleasing than administering the law impartially!

Judges can be removed from office by impeachment or committee votes or state supreme court can suspend or remove judge!

Appellate Courts:

Panel of judges hears appeals

District Trial Courts:Judges or Judge and Jury hear criminal and civil

casesEx:

Lower courts:Municipal Ct-larger cities-traffic, juvenile,

misdemeanors

State Supreme Court: Panel of judges hear appeals from lower courts.

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A

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State Judicial Branch-Lower State Courts–

misdemeanor cases, family law and small civil suits—judge only

-Higher State Courts– felony cases, large civil suits—jury trials

-trial courts, county court, district court

-Appellate Courts

-State Supreme Courts

http://www.nccourts.org/

NC District CourtsNC District Courts• Trial Court aka District Courts: 4 categories,

1. civil, 2. criminal, 3. Juvenile4. Magistrate

• Civil cases such as divorce, custody, child support and cases involving less than $10,000 are heard in District Court

• And criminal cases involving misdemeanors and infractions. • The trial of a criminal case in District Court is always without a

jury. • The District Court also hears juvenile cases involving children

under the age of 16 who are delinquent and children under the age of 18 who are undisciplined, dependent, neglected or abused.

• Magistrates accept guilty pleas for minor misdemeanors, accept guilty pleas for traffic violations and accept waivers of trial for worthless-check cases etc…

• In civil cases, the magistrate is authorized to try small claims involving up to $5,000 including landlord eviction cases.     

Court of Appeals of NCCourt of Appeals of NC• The Court of Appeals is this state’s only

intermediate appellate court. • 15 judges sit in rotating panels of 3, deciding only

questions of law on every case appealed from the Superior and District courts except death penalty cases.

• Appeals can range from a parking ticket case to murder case.

• In fiscal year 2003-2004, more than 1,750 cases were filed with the Court of Appeals.

• Cases in which there is a dissent in the Court of Appeals go to the Supreme Court as well as to those that the Supreme Court accepts for review through petition.

• Court of Appeals judges serve eight-year terms

Supreme Court of NCSupreme Court of NC• The Supreme Court of North Carolina is

the state's highest court• 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

• What does it do?– It considers error in legal procedures or in

judicial interpretation of the law.