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North Carolina Government

North Carolina Government. Chapter 12 Notes. Chapter 12 Notes. Political principles and major events shape how people form governments – North Carolina’s state and local government developed from the state’s foundation as an English colony

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North Carolina Government

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  1. North Carolina Government Chapter 12 Notes

  2. Chapter 12 Notes • Political principles and major events shape how people form governments – North Carolina’s state and local government developed from the state’s foundation as an English colony • King Charles II of England granted territory in America to eight allies, who named the territory Carolina • Carolina is Latin for Charles • Carolina was divided into two provinces of North and South Carolina in 1729

  3. Chapter 12 Notes • North Carolina colonists established a representative government called the assembly • The assembly was made up of elected representatives • Only the assembly should pass laws for the colony and levy taxes • These rights were listed in the Charter of Carolina (1663) that established the colony • Originally NC had a unicameral legislature, but switched to a bicameral legislature • Upper House: governor and governor’s council • Governor had the power to call the House into session • Lower House (House of Burgesses): elected representatives • House had the power to levy taxes and appropriate revenues “power of the purse”

  4. Chapter 12 Notes • Prior to the war for independence, North Carolina lead in asserting the colonists’ right to govern themselves • First Provincial Congress was held in August 1774 where representatives were elected to go to the First Continental Congress • The Mecklenburg Declaration (May 1775) declared that all offices appointed by British government were vacant and that the Provincial Congress was the only lawful government in NC • The Halifax Resolves (April 1776) called for independence from England

  5. Chapter 12 Notes • Following the Revolutionary War, the weaknesses Articles of Confederation created problems for the new nation • The Constitution addressed the weaknesses, but NC had several reservations about the document • Feared a strong federal government • Did not want Congress to have the power to levy taxes • Contained no guarantee of rights – unlike the North Carolina Declaration of Rights • At the Hillsborough Convention the NC delegates chose not to ratify the Constitution until a bill of rights was added

  6. Chapter 12 Notes • While differing in some details, all state constitutions, including North Carolina’s, share many characteristics • North Carolina has had three state constitutions in its history • The first constitution was created in 1776, and since then has undergone two major revisions – the current constitution was ratified in 1971 • The NC Constitution is similar in its structure to the U.S. Constitution – 14 Articles include: • Preamble, a bills of rights, outline of the framework of government, listing of state powers & responsibilities, provision for local government, method of amendment

  7. Chapter 12 Notes • All state constitutions begin with a preamble, most are similar to the U.S. Constitution, though one key difference is that in most state constitutions there is reference to divine guidance • All state constitutions have a section that outlines the civil liberties and rights of its citizens • The NC Constitution: Article I, the Declaration of Rights, lists 25 guarantees of freedom • Article I also states the principles on which the state constitution and government are based upon • The NC Constitution lists the principles of popular sovereignty, separation of powers, and a system of checks and balances

  8. Chapter 12 Notes • The NC Constitution establishes the structure of the legislative, executive, and judicial branches. It also explains the structure and power of local governments • The amendment process has provided a way for the NC Constitution to respond to changing needs and times • NC has changed its constitution three times • The NC Constitution of 1776 • Established a general structure of government that has remained the same • General Assembly – two-house legislature • Executive branch – governor and Council of State • Judicial system

  9. Chapter 12 Notes • The NC Constitution of 1868 • Following the Civil War, the U.S. Congress required all states that succeeded from the Union to write new state constitutions • The new NC Constitution kept the declaration of rights and general structure of government, but it made some important changes • Opened up participation in government • Slavery abolished • Men 21+ years old can vote regardless of race, color, or previous condition of servitude • The NC Constitution of 1971 • A few additions to the declaration of rights • Several amendments – decrease voting age, governor can serve 2 terms

  10. Chapter 12 Notes • The right to vote is widely recognized as a fundamental right, but this has not always been true • Following independence NC granted the right to vote only to free, male, property-owning citizens, 21+ years old • Free African American men were allowed to vote until 1835 • Following the Civil War, three amendments were passed that abolished slavery and provided for more equal rights • 14th Amendment – defines a U.S. citizen as anyone born or naturalized in the U.S., and grants citizens equal protection of the laws • 15th Amendment – extended the right to vote to African American males

  11. Chapter 12 Notes • Despite the equal rights enacted by the 14th and 15th amendments, states set up restrictions called Jim Crow Laws to limit and discourage participation by African Americans in government • Racial segregation started in the late 19th century, and was canonized with the Plessy v. Ferguson Supreme Court case • “separate but equal” doctrine • The democratic ideal is for all people to have equal rights and treatment before the law • Civil rights are the protections granted in the U.S. Constitution that recognize that all citizens must be treated equally under the law • This ideal has not always been reality, and still eludes some

  12. Chapter 12 Notes • Despite the guarantees to equal protection granted by the 14th Amendment, courts consistently upheld discrimination against and segregation of African Americans • Jim Crow Laws required racial segregation in many public places: schools, restaurants, public transportation, parks, theatres, bathrooms, etc… • Other Jim Crow Laws included: • Poll tax – must pay a tax before voting • Literacy test – must pas a reading/writing test to vote • Grandfather Clause – can vote if ancestor voted prior to 1867 • If Jim Crow Laws failed intimidation, threats, and violence often kept African Americans from exercising their right to vote

  13. Chapter 12 Notes • Two types of segregation: • De jure segregation – segregation by force of the law • De facto segregation – segregation by choice or tradition • Jim Crow Laws were de jure segregation that were upheld by local, state, and federal courts • During the 1950s and 60s African Americans and other supporters of civil rights challenged Jim Crow Laws and Plessy v. Ferguson • Brown v. Board of Education of Topeka Kansas (1954) overturned Plessy v. Ferguson which started the process of forced integration beginning with public schools • Though some states complied with the Supreme Court ruling, anger and opposition were more common reactions

  14. Chapter 12 Notes • The civil rights movement used many tactics to fight segregation and discriminatory laws • Swann v. Charlotte-Mecklenburg Board of Education (1971) using forced busing and redistricting school boundaries are legal methods to obtain desegregation in public schools • Civil rights groups held marches, demonstrations, sit-ins, boycotts, and other acts of civil disobedience

  15. Chapter 12 Notes • Women also struggled to win the right to vote and participate in government • Few states granted women the right to vote prior to the passing of the 19th amendment (1920) • North Carolina Equal Suffrage League was formed to promote women’s suffrage • Equal Suffrage Bill (1915) was submitted to the NC General Assembly and defeated • Civil Rights Act of 1964 and the Voting Rights Act of 1965 increased federal government involvement in state voter laws, which extended voting rights • 26th Amendment extended voting rights to all citizens 18+ years old

  16. Chapter 12 Notes • Today, most adult North Carolinians are eligible to vote • Eligibility requirements: • Be a citizen of U.S. • Be at least 18 years old by the next general election • Have lived in his/her voting precinct for at least 30 days • Be a registered voter • Not been serving a sentence for conviction as a felon

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