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North Carolina

North Carolina . Civil Rights Movement De facto segregation Segregation by custom and tradition North Carolina banned White and African America children from attending the same school, but required no discrimination of either race Plessy v Ferguson (1896) Supreme Court Case that affirmed

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North Carolina

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  1. North Carolina • Civil Rights Movement • De facto segregation • Segregation by custom and tradition • North Carolina banned White and African America children from attending the same school, but required no discrimination of either race • Plessy v Ferguson (1896) • Supreme Court Case that affirmed • Separate but equal

  2. North Carolina • Civil Rights Movement • Brown v Board of Education of Topeka (1954) • Overturned Plessy v Ferguson • Court ruled that racial segregation violated the 14th Amendment equal protection clause • Ordered desegregation of schools “with all due haste” • Pearsall Plan • An attempt to ignore Supreme Court ruling • Proposed that local school boards take over supervisory roles for enrollment and busing • Why enrollment and busing? • Proposed that local school boards have the authority to close public schools • Proposed that the General Assembly provide payments for students who attend private schools because their parents did not want them to attend integrated schools

  3. North Carolina • Civil Rights Movement • 1966 • Pearsall Plan was declared unconstitutional • Swann v Charlotte-Mecklenburg Board of Education • Busing students and redrawing school boundaries are legal methods to desegregate schools • Sit-In Movement • February 1960 • Greensboro, NC • F.W. Woolworth’s lunch counter • Four students from North Carolina Agriculture and Technical College sit down and request service • Peaceful resistance to Jim Crow Laws

  4. North Carolina • Legislative Branch • The General Assembly – The Voice of the people • Makes laws • General Statutes • Laws that apply statewide • Sales tax is the same in Boone as it is in Cape Hatteras • Local or Special laws • Apply only to certain counties or cities • ½ cent local sales tax • Legislative oversight • Learn how well current laws are working and if new laws need to be made • Elects members of the University of North Carolina Board of Governors and the state community college system • Impeachment powers • Governor, council of state, judges

  5. North Carolina • Bicameral – Two Houses • Senate • 50 districts of roughly equal population • House of Representatives • 120 districts of roughly equal population • Members to both houses are elected to two year terms • No limit on the number of terms House of Representatives • Speaker • Presides over the house • key appointments • Senate • Lt. Governor is president of senate • Only votes to break a tie • President pro tempore • Leader of senate

  6. North Carolina • Executive Branch • Governor • Chief executive, four year term • 30 years old, U.S. citizen for 5 years, lived in NC for 2 years • Duties • Executive • Carries out state law, Prepares a budget, Appoints officials • Legislative • Approves or vetoes • Commander in Chief • In charge of military forces of the state (National Guard) • Judicial • Offers pardons; grants paroles • Ceremonial • Greets important visitors • Party Leader • Leads political party in the state

  7. North Carolina • Lieutenant Governor • Four year term • Same requirements as governor • Runs for office separate form the governor • State Cabinet • Administrators who oversee government departments • Department of Administration • Budget work • Department of Corrections • Runs the prison and parole system • Department of Crime Control and Public Safety • Emergency management and Highway Patrol • Department of Health and Human Services

  8. North Carolina • Council of State • Heads of state agencies, elected to a four year term • Attorney General • State Bureau of Investigation • Commissioner of Agriculture • Agriculture research and product safety • Commissioner of Insurance • Regulates insurance companies • Commissioner of Labor • Oversees worker safety and fair employment • Secretary of state • Registers corporations • Superintendent of Public Instruction • Oversees public school system • State Auditor • Reviews the actions of other state departments • State Treasurer • Manages the state money

  9. North Carolina • Judicial Branch • District Court • Counties grouped into districts by population • There is no jury • The judge who hears the case decides the verdict • Juvenile law, divorce and family law, traffic violations, civil cases involving less than $10,000, misdemeanors • Judges are elected for four year terms • Ashe, Alleghany, Wilkes, Yadkin

  10. North Carolina • Superior Court • Civil cases involving more than $10,000 and felonies • North Carolina Constitution guarantees all defendants trail by jury in criminal cases • Convictions from district court can appeal to superior court and get a jury trail • Judges are elected to eight year terms • Ashe, Alleghany, Wilkes, Yadkin

  11. North Carolina • Court Officers • Clerk of Superior Court • Establishing validity of wills • Conduct foreclosure sales • Magistrate • Issue search warrants • Issue arrest warrants • District Attorney • Represents the state in all criminal cases • Represents the state in juvenile delinquency proceedings • Public Defender • Represent extremely low income or indigent persons

  12. North Carolina • Appellate Courts • North Carolina Court of Appeals • Questions of law and procedure • Hear cases appealed from the trail courts • 15 judges that hear cases in groups of 3 (panels) • At least 2 judges must agree to reach a decision • Judges are elected statewide for a term of 8 years

  13. North Carolina • The North Carolina Supreme Court • Reviews cases a lower court has already decided • Interprets the state’s constitution and laws • Seven judges elected to an eight year term • Judges decide which cases they will hear • Hear appeals of all death sentence cases • Decisions are final unless there is an issue that involves the U.S. Constitution • Supervise all the other courts in North Carolina

  14. Local Government • County • The largest territorial and political subdivision of the state • 100 counties • County Seat • The center of county government • Wilkesboro • County office – tax, planning, finance, building inspectors • Municipalities • Are unities of government that have legal rights granted by the state • Cities, towns, and villages • Each municipality has been incorporated • Incorporated • The state has declared a specific geographic area is a municipality and given it a charter • Charter • Outlines the basic rules for municipal government • Changes made by the General Assembly or “home rule”

  15. Local Government • Home rule • Allows municipalities to write their own charters, create government and manage their own affairs • Unincorporated areas can ask the General Assembly to become municipalities if they decide they need services • Annexation • The process of bringing unincorporated areas into and existing municipality • Requested • The General Assembly has given municipalities authority to annex adjacent areas • Forced

  16. North Carolina • Each municipality elects its own government • City council, town council, board of commissioners, board of alderman • Local legislature – pass local laws called ordinances • Establish policy, approve budgets, set tax rates • Voters elect the governing board • At-large • All voters can vote for all members of the board or council • By district • Voters in a certain district choose that districts member on the board.

  17. Mayor • Presides over the meetings of the governing board • Not responsible for administering government • Manager • Professionally trained and educated • Hired to carry out the boards policies • Day to day operations of government • Executive (president)

  18. North Carolina • Counties • Act as an arm of the state • Education, elections, health, social services, ABC • Board of Commissioners • Governing body • Set county tax rate • Approve county budget • Establish county policies • Chairman – presides over the meetings • Clerk • keeps official records • Provide information to citizens • Publish notices

  19. Manager • Administers the policies and services the governing body has established • Professionally trained, MPA • Prepares a draft budget • Appoints people to head some departments • Oversees employees of departments • Independent departments that must work with manager • Sheriff, Register of Deeds,

  20. North Carolina • Budget • A governments spending priorities • A plan for managing and spending money • The State Budget Process • Year runs for July 1 to June 30 • Biennial – two year budget in odd years • Must be a balanced budget • Proposed by the governor • Estimates of revenue and expenditures • The General Assembly studies and revises • Approves and sends to governor

  21. North Carolina • Maintaining a balanced budget • Raise additional revenue to cover shortfall • Increase taxes, increase fees • Spend money from government savings accounts • Rainy day funds, reserve balance funds • Cut back on spending • Reduce or end services • Propose a combination of all three options • Minimize the impact of any one kind of change

  22. North Carolina • Expenditures • Public schools • Health and human services • Revenue • Individual income tax • Sales and use tax • Budget surplus • Government has extra money • Revenue is more than expenditures (2006)

  23. North Carolina • Borrowing money • North Carolina government cannot borrow money for operating cost (day to day cost) • Capital projects • Jails, schools, roads, • Bonds • A governments promise to repay debt • Revenue bonds • Revenue producing projects – toll bridges, parking structures • General Obligation • Finance public works projects and must be approved by voters

  24. North Carolina • Municipal and County Budgets • Required by the state to pass balanced budget • Budget years runs from July 1 to June 30 • Expenditures • Human services • Utilities – water, sewer • Education • Public safety – police and fire • Revenue • Property tax • Sales tax • Sales and services • Water, power, fees for services

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