NC State Government Notes

Federalism Review

  • Federalism: Sharing of power between the federal government and the 50 state governments.

  • Enumerated Powers: Powers specifically given to the federal government (expressed, listed, delegated).

  • Reserved Powers: Powers specifically given to the state governments.

  • Concurrent Powers: Powers shared by both the federal and state governments (e.g., the power to tax).

  • Supremacy Clause: Federal law is the "law of the land" and takes precedence when federal and state laws conflict.

  • State Constitutions: Each state has its own plan of government, typically calling for three branches of government.

State Executive Branch

  • Head of the Executive Branch: The Governor.

  • Term Length: 4-year term.

  • Term Limit: 2 consecutive term limit.

  • Age Requirement in NC: 30 years old.

  • Citizenship Requirement in NC: Must be a U.S. citizen for 5 years.

  • Residency Requirement in NC: Must live in NC for 2 years.

  • Lieutenant Governor:

    • Must meet the same requirements as the governor.

    • Succeeds the governor if he dies or is disabled.

    • Elected by the people (like the Governor).

  • Current Governor: Roy Cooper (Democrat).

  • Current Lieutenant Governor: Mark Robinson (Republican).

Roles of the Governor

  • Executive: Executes (carries out) laws.

  • Legislative: Influences the General Assembly to pass laws the governor wants passed.

  • Commander: Calls out National Guard units in NC as needed.

  • Party Leader: Leader of his party in NC.

  • Judicial: Appoints some state judges; can pardon or commute sentences.

  • State Symbolic Leader: Represents the state in a symbolic capacity.

State Executive Departments and Agencies

  • 10 major Executive Departments (appointed).

  • 8 Council of State Departments (elected).

State Legislative Branch

  • Structure: Similar to Congress; bicameral (except Nebraska, which is unicameral).

  • General Assembly: The name for the legislative branch in NC.

  • Membership:

    • NC Senate: 50 members.

    • NC House: 120 members.

  • Term Length: 2-year terms with no limits.

  • Legislative Districts:

    • Based on population.

    • Reynoldsv.SimsReynolds v. Sims: "One man, one vote" - Voting districts must represent equal amounts of population.
      *Age Requirements:
      *NC House:21
      *NC Senate:25

Law Passing Process

  • Very similar to the federal Congress.

  • Uses a committee system to pass laws.

Budget Problems

  • Greatest concern; there is never enough money.

Leandro Case

  • Involves school funding.

  • Students must be given a sound basic education.

  • Doesn’t require equal funding, but adequate funding.

Representation

  • Howard Hunter III (Democrat) represents in the North Carolina House of Representatives.

  • Bob Steinburg (Republican) represents in the North Carolina Senate.

State Judicial Branch

  • Jurisdiction: Handles all cases not given to federal jurisdiction (which is most cases).

  • Judges: Most state judges are elected officials.

  • Elections: Elected in non-partisan elections.

  • Debate: There is debate over the election process, as elected judges may feel public pressure.

Lower State Courts

  • Jurisdiction: Misdemeanor cases, family law, and small civil suits.

  • Structure: Judge only (no jury).

Higher State Courts

  • Jurisdiction: Felony cases, large civil suits.

  • Structure: Jury trials.

Court Hierarchy

  • Trial Courts (County Court, District Court):

    • Hear evidence.

    • Issue decisions of guilt or innocence.

  • Appellate Courts:

    • Cases heard on appeal to see if a fair trial was given.

  • State Supreme Courts:

    • Highest court.