Federalism in Action

“First in Freedom” Mecklenburg Declaration of 1775

• First Provincial Congress (August 1774) – elected people to the Continental Congress

• Mecklenburg Declaration (May 1775) – citizens of Mecklenburg County stated that the only lawful government was the provincial government, not the British.

• Halifax Resolves (April 12, 1776) – NC was the first state to call for complete independence from Britain.

• Sent 3 delegates to the 2nd Continental Congress

• Did not ratify Constitution until 1789 when Bill of Right added

Three Constitutions in NC’s historyVery small number compared to other states

1st – Constitution of 1776Very similar to the US Constitution

1835 Changes

Voters now allowed to elect governor, approve or reject constitutional amendments

Took away rights of free men of African and Indian decent

2nd – Constitution of 1868All Confederate states had to create new Constitution after Civil War

Slavery abolished, all men over 21 could vote

3rd – Constitution of 1971All elections free, freedom of speech, equal protection of laws

After Civil War, next 2 decades African Americans got to vote.Hiram Revels – 1st African American to vote

By 1900, General Assembly set up discrimination test to keep minorities (Blacks and Indians) from voting

Women fought for suffrage (voting) in NC, but to no success until the 19th amendment in 1920

Voting Requirements: Citizen18 years old by the next General Election Lived in voting precinct for 30 daysNot currently serving a felony sentence Registered to vote

*Each state has its own constitution.

*All states have three branches of government.

*Voters ratify amendments in all states except for Delaware.

*All states have bicameral legislatures except for Nebraska.

*Each state must accept the validity of all other state laws and contracts (Full faith and Credit).

*Extradition: Governor orders a suspect to be returned to the state where the crime was committed.

*Led by a governor (like the President).*In most states a person must be 30 years old, US citizen, and a resident of the state for five years.

*Serve a four year term, 2 consecutive – can come back for another 2 terms after 4 years

*Recall: An election where voters can remove state officials.

*Lieutenant Governor: Takes over for the governor and is head of the state senate (like the Vice President).

Pat McCroryWalter Dalton

*Chief Executive, Chief Legislator, Judicial Leader, Commander in Chief, Party leader, Ceremonial leader.

*As judicial leader a governor can:

*Commute: Reduce a sentence.

*Parole: Early release from prison.

*Can offer pardons and reprieves.

*Who else has these powers????

*Do you think the governor should have the power to pardon, or commute a sentence? Why or why not?

*Most officials are elected by voters.

*There are many different departments led by a secretary.

GovernorPat McCrory

Lieutenant GovernorWalter H.

Dalton

State Treasurer

Commissioner of Insurance

Superintendent of Public

Instruction

Secretary of State

Attorney General

Comm. Of Agriculture

State Auditor

Secretary of Labor

Elected Officials

*The Legislative Branch of North Carolina’s state government is called the General Assembly

*Makes two types of laws:

*Statutes – apply to everyone in the state

*Local or Specific laws – just to certain areas in the state

*Major power deals with finances. How much to spend and how much to tax?

*Legislative Oversight – review of government operations

*State is divided into districts.

*Reynolds vs. Sims (1964): All election districts must be equal in population. “Each person one vote”.

*Apportionment: Distribution of seats according to population.

*Legislators must be US citizens, live in the district, and meet an age requirement. Fairly low pay.

*Legislative process is the same as the national level.

*Misdemeanors: Minor crimes handled by lower courts. ex. Petty theft, public intoxication, simple assault, indecent exposure

*Felonies: Serious crimes handled by higher courts.

*Trial courts: Use juries. Judge decides punishment.

*Appellate courts: Panel of judges. Appellate jurisdiction.

*State Supreme Court: Highest level.

*Plea Bargain: Defendant pleads guilty for a reduced sentence.

*Local governments are established by state governments.

*Charter: Plan that explains the power of a local government.

*All counties provide services for their citizens.

*County board has legislative powers.*Ordinance: Law passed by a county board.

*Provide law enforcement, set up hospitals, improve transportation, and set up public libraries.

*Collect revenue through property tax and sales tax.

*Have executive power to enforce laws (Inspectors).

*Sheriff: Law enforcement. Keeps peace and manages the jail.

*District attorney: Investigates crime and prosecutes in court.

*Coroner: Establishes the cause of death.

*County clerk: Keeps official records.

*Assessor: Determines the value of property for tax purposes.

*Some counties are divided into towns.

*In the northeast, town government is more important than county.

*Town govt. began in New England as a form of direct democracy.

*Other northern states divided into smaller units called townships.

*In the Midwest, townships were established during expansion by Congress.

*Smallest unit of local government.

*A group must get permission from the state.

*Villages have a board and an executive elected by the voters.

*Special Districts *Provides a solution for a single issue or provide a service.

*An elected board runs the district.

*User fees: Rates paid for services

*Must get a charter from the state government.

*Home rule: Allows cities to write their own charters.

*Crime, medical problems, drug abuse, and homelessness are problems.

*Ward: Voting district in a city.

*Mayor: Executive leader. Presides over city council meetings. There are strong and weak mayor plans

*City Council: Legislative branch of the city. Voter elected

*City Manager: Helps makes decisions on city projects – runs the city. Appointed by the city council

.

*Public Policy: Decision that effect people. They can come from lawmakers, citizens, interest groups, and the media.

*Must plan for the future. Involves educated guessing.

*Short term: Decisions effecting the next few years.

*Long term: Decisions effecting the next fifty years.

*Must have priorities and evaluate resources.

*Communities develop a master plan of goals.

*A zoning board decides what land will be used for.

*Different zones for residential, business, and public land.

*Provides a map for the community.

* Financing *Taxes: Sales, property and income.

*User fees: Fares paid for the use of services.

*Bond: Borrow the money and pay it back later.

*Education is the most expensive service provided by state and local governments.

*Magnet school: Students focus on a particular field of study.

*Vouchers: Help parents send children to private schools.

*Urban renewal: Re-building old neighborhoods.

*The government provides low income housing.

*Many places have shortages on power and water.

*Conservation: Using less of our resources.

*Disposing of garbage is a problem (landfills).

*Recycling: Using old materials to produce new ones.

*National government shares power with the states.

*This gives Americans freedom to provide for their own needs.

*The main reason is sectional differences.*Types of Power:

*Enumerated: Powers given to the national government. Can be expressed or implied (Elastic clause).

*Reserved: Powers given to the state governments.

*Concurrent: Powers shared between national and state.

*Spending is roughly related to population of the state (from census numbers)

*Additional demographic questions to find out where children are located (education), minorities (grants for minorities), and population density (highways)

*New Federalism*Recent shift of authority for decision-making on the implementation of the programs back to the state and local governments.

*Started with President Nixon

Categorical Grants – funds for some specific closely defined purpose. Like money for school lunchesUsually have strings attached

Block Grants – funds for much more broadly defined purposesFewer strings attached, more freedom for

state/local to decide how to spend money

Project Grants – funds for specific organizations or governmental bodies For research, job training programs, etc.

*Most interactions between national and state government involve monetary considerations

Fiscal Federalism

*Carrot and Stick Approach – using rewards and punishment. Carrot - the federal $ needed by the state. Stick – regulation & compliance w/federal mandates to receive the money – minimum wage, speed limits, handicap accessibility

*Unfunded Mandates – Federal govt. requires a state agency to perform functions but they don’t have the funds.

*Coercive Federalism – Federal govt. tells the state what they have to do in order to receive funds.

*South Dakota v. Dole – state drinking ages must conform to federal policy.

*Advantages for Democracy*Increases access to government

*Local problems can be solved locally

*Hard for political parties or interest groups to dominate all politics*Disadvantages for Democracy*States have different levels of service

*Local interest can counteract national interests

*Too many levels of government and too much money

Federalism and the Scope of Government

*What should the scope of national government be relative to the states?

*National power increases with industrialization, expansion of individual rights, and social services

*Most problems require resources afforded to the national, not state governments

*Federalism is a governmental system in which power is shared between central government and the 50 state governments.

*The US has moved from dual (clearly defined terms) to cooperative federalism (states and federal govts collaborate on policy); fiscal federalism to new federalism.

*Federalism leads to both advantages and disadvantages to democracy.

*Most interactions today have a monetary component.

*There are still struggles and conflicts over power sharing in this relationship.

Some people consider the governorship an excellent preparation for the presidency. Answer the following

questions in at least 3 paragraphs.

1. In what ways do you think being governor would prepare someone for the presidency?

2.In what ways do you think it wouldn’t?

3.Why or why not?