1. North Carolina State
Government
The Legislative Branch

3. The Legislative Branch
 The State Legislature of North Carolina is the
“General Assembly”.
 The “General Assembly” is responsible for making
“State Laws”.
 The “General Assembly” is similar to the “U.S.
Congress”…because it…
 Makes Laws or Statutes
 Is Bicameral (Has Two Houses)
 Has a Senate
 Has a House of Representatives

5. The Legislative Branch
 Powers of the “General Assembly”:
 Has the Authority to pass general laws known as
“Statutes”.
 Examines Government operations through reviews known
as “Legislative Oversight”.
 Elects members of the University of North Carolina “Board
of Governors”.
 Elects members of the state “Community College
System”.
 Has the authority to “Impeach” & put on “Trial” Judges &
members of the “Council of State”.

7. The Legislative Branch
 How a Bill Becomes a Law:
 Step 1: “Draft or Create a Bill”
 Step 2: “Introduce the Bill”…Only a member of the “General
Assembly” can “Introduce or Sponsor a Bill”.
 Step 3: Bill Goes to “Committee”
 Step 4: Bill Goes to the House of Origin (House where it was first
Introduced) for “Debate”.
 Step 5: If Approved the “Bill” goes to the other “House” where
the above process is repeated.
 Step 6: If the second House makes any changes then the “Bill”
must go to a “Conference Committee” where all changes must
be argued and agreed upon.
 Step 7: If “Bill” is identical in Both Houses then it is “Signed” by
both “Houses”.
 Step 8: Goes to the “Governor” for a signature.
 Step 9: If the “Governor” vetoes the “Bill” then the “General
Assembly” still has a chance to pass it if “60%” of the members
of both houses agree to “override” the Governor’s Veto.

9. The Legislative Branch
 Organization of the “General Assembly”:
 It is “Bicameral” Legislative or Lawmaking Body
 It has a “Senate” that is made up of “50 Members”.
 It has a “House of Representatives” that is made up of
“120 Members”.
 Because North Carolina has “50 Senators”, State Senate
areas of representation are drawn by dividing the state into
“50 Senate Districts”.
 Because North Carolina has “120 members” in the “House
of Representatives” the State is divided into “120 House
Districts”.

12. The Legislative Branch
 “Qualifications”
 Members of both the “Senate” & “House of Representatives” are
elected for “Two-Year Terms”.
 There is “No Limit” on the number of terms a member of the
“General Assembly” can serve.
 To Be eligible for election to the “North Carolina House of
Representatives” you must be…
 A North Carolina Resident for “One Year”
 “21” Years Old
 A Resident of the “District” for which you intend to represent for at
least a “Year”
 To be eligible for election to the “North Carolina Senate” you
must be…
 A North Carolina Resident for “Two Years”
 “25” Years Old
 A Resident of the “District” for which you intend to represent for at
least a “Year”

13. The Legislative Branch
 General Assembly Leadership:
 The “Speaker of the House” is the leader of the
“House of Representatives”
 The “Lieutenant Governor” is the official leader
of the “Senate”; however, they may only “Vote” if
there is a “Tie”.
 The “Senate” elects a “President Pro Tempore”
to serve as the leader of the “Senate” when there
is no “Tie Vote”.
 The “President Pro Tempore” makes all key
appointments for the “Senate”.

14. The Legislative Branch
 Legislative Sessions:
 The “General Assembly” meets in the Legislative Building
in “Raleigh”…our State Capital.
 In “Odd Numbered Years”…the “General Assembly”
meets for a “Long Session”, which lasts from January
through June.
 In “Even Numbered Years”…the “General Assembly”
meets for a “Short Session” to finish up work left over from
the previous year…this session usually begins in late May
and lasts about 6 weeks.
 The “General Assembly” may also meet for “Special
Sessions” called by the “Governor” or by the “Speaker of
the House” & “President Pro Tempore”.

15. The Legislative Branch
 Key Legislation:
 In 2005, the “General Assembly” voted to put into
operation a “State Lottery”.
 Proceeds from the “Lottery” are to fund “Educational
Programs”.
 During the 2006 session, the “General Assembly”
approved a new “Minimum Wage”, raising the hourly rate
of pay to $6.15.
 The “General Assembly” also passed “Ethics &
Campaign Reform” legislation…which places restrictions
on “Gifts” & direct contributions from “Lobbyists”.

17. The Executive Branch
 Every State has an “Executive Branch” of
government that is led by a “Governor”.
 The “Constitution” of North Carolina spells
out the duties & qualifications of the
governor.
 The current “Governor” of North Carolina is
“Pat McCory”.

19. The Executive Branch
 The Governor:
 The “Governor” is North Carolina’s “Chief of State”…the
symbolic leader who speaks for North Carolina.
 The “Governor” is also North Carolina’s “Chief Executive”…
responsible for seeing that “State Policies” are enforced.
 The Governor “Appoints” many key state officials.
 The Governor coordinates the work of most “State Agencies”.
 The Governor administers the “State Budget” & proposes a
“State Budget”.
 The Governor may grant “Pardons” to convicted criminals or
“Commute” (Reduce) a criminal’s sentence.
 The Governor represents North Carolina when dealing with
other states or the “Federal Government”.

20. The Executive Branch
 Governor Qualifications:
 The North Carolina Governor serves a “4 Year Term”.
 The State Constitution limits the “Governor” to “Two
Consecutive Terms”.
 However, a “Governor” who has served “Two Terms” can
leave office and then serve again after a “1 Term Break”.
 You must be at least “30 Years Old”
 You must be a “U.S. Citizen” for at least “5 Years”.
 You must have lived in “North Carolina” for at least “Two
Years” prior to the election.

22. The Executive Branch
 The “Lieutenant Governor”:
 The “Lieutenant Governor” is very similar to a “Vice President”.
 The “Lieutenant Governor” is elected to a “Four Year Term”.
 The “Lieutenant Governor” automatically succeeds the
“Governor” if the Governor’s office becomes vacant for any
reason.
 The “Lieutenant Governor” serves as “President of the
Senate”, but only “Votes” if there is a “Tie”.
 The “Lieutenant Governor” serves on various commissions and
boards.
 Unlike the “President” & “Vice President”, who run for office on
the same “Ticket or Ballot”, the “Governor” & “Lieutenant
Governor” run for office and are elected on “Separate Ballots”.
 Sometimes the voters choose a “Governor” & “Lieutenant
Governor” from different political parties.

23. Lieutenant Governor Dan
Forest

24. The Executive Branch
 Other Executive Offices:
 The “Governor” appoints “10” head administrators to
oversee separate “Executive Departments”…this group is
known as the “Governor’s Cabinet”.
 The North Carolina Cabinet includes the “Department of
Administration”…which shapes the State Budget.
 The North Carolina Cabinet includes the “Department of
Corrections”…which runs the “Prisons” & “Parole
Systems”.
 The North Carolina Cabinet included the “Department of
Crime Control & Public Safety”…which administers
emergency management as well as the North Carolina
“Highway Patrol”.
 Because the “Governor” appoints the heads of the
“Cabinet Departments”…the “Governor” is directly in
charge of what they do.

25. The Executive Branch
 The Council of State:
 In addition to the “Governor” & “Lieutenant Governor”, the “Voters” of
North Carolina also elect “8” heads of state agencies known as the
“Council of State”.
 Each member of the “Council of State” has specific areas of
responsibility.
 The “Attorney General” oversees the SBI (State Bureau of
Investigation).
 The “Commissioner of Agriculture & Consumer Services” directs
agricultural research & product safety monitoring.
 The “Commissioner of Insurance” regulates insurance companies in
the state.
 The “Commissioner of Labor” oversees worker safety and fair
employment practices.
 The “Secretary of State” registers corporations within the state.
 The “Superintendent of Public Instruction” oversees & regulates the
state’s public school system
 The “State Auditor” reviews the actions of other state departments.
 The “State Treasurer” manages the money of our state.

26. The Executive Branch
 Council of State:
 Each “Council of State” officer is elected to a “4 year
term”.
 Unlike the “Governor” & “Lieutenant Governor”, each
“Council of State” officer can be reelected to an
“Unlimited” number of terms.
 Each elected “Council of State” agency head “appoints”
key staff members in his or her agency.
 The “8 Council of State” departments operate
independently of the “Governor”.
 Sometimes the “Council of State” & the “Governor” will
have disagreements on how to handle a situation…and this
can slow down the effectiveness of the government.

27. The Judicial Branch
 North Carolina’s Court System:
 North Carolina courts resolve disputes that arise
under “North Carolina Law”.
 This includes lawsuits in which people bring their
private disagreements for the court to settle as
well as criminal prosecutions in which the “State”
charges someone with violating a “State Law”.

28. The Judicial Branch
 Types of Trial Courts:
 “Trial Courts” hear the evidence and arguments
of the parties in a case and issue or deliver a
decision.
 North Carolina has two kinds of “Trial Courts”…
 District Courts
 Superior Courts

29. The Judicial Branch
 District Courts:
 North Carolina’s “100 counties” are grouped into
“Court Districts”.
 “Counties” with larger populations are “single-
county districts”.
 “Counties” with smaller populations are joined
with adjacent counties and this creates a “Multi-
County District”.
 “District Courts” hold sessions in every North
Carolina County.

31. The Judicial Branch
 District Courts:
 In “District Courts”, the “Judge” who hears the case decides the
“Verdict”.
 There is no “Jury Trial” in a “State District Court”.
 Cases in “District Courts” can involve…
 Juvenile Law
 Divorce & other Family Law
 Mental Health Commitments
 Traffic Violations
 Civil Cases involving less than $10,000
 Misdemeanors (minor crimes)
 Each “District” has one or more “District Court Judge”,
depending on the number of people in the “District”.
 The “Voters” in each “District” elect “District Court Judges” for
“4 Year Terms”.
 “District Court Judges” must live in the “District” in which they
are elected and serve.

33. The Judicial Branch
 Superior Courts:
 “Superior Courts” handle “Civil Cases” involving more
than “$10,000” and “Felonies (Serious crimes)”.
 Most Superior Court Trials involve the use of a “Jury”.
 Because the “Constitution” of North Carolina guarantees
all “Defendants” in “Criminal Cases”, the right to a “Trial
by Jury”, those who are found guilty of “Misdemeanors” in
“District Court” can request an entirely new “Trial by
Jury” in a “Superior Court”.
 “Superior Courts” across North Carolina deal with more
than 300,000 cases each year.

34. The Judicial Branch
 Judicial Districts for Superior Court:
 The State is divided into “8 Judicial Divisions”, each
containing several “Superior Court Districts”.
 The Voters in each “District” elect “Superior Court
Judges” for “8 year terms”.
 “Superior Court Judges” then travel throughout their
entire judicial division, each holding court in several
different counties throughout the year.
 In addition to “Elected” Superior Court Judges, the
“Governor” also “Appoints” about “15” special “Superior
Court Judges” who serve as needed.

35. The Judicial Branch
 Other Judicial Officers:
 Voters in each county elect a “Clerk of Superior Court” for
that county.
 The duties of the “Clerk of Superior Court” include
establishing the validity of “Wills” and conducting the sale
of “property” to pay an owner’s “debts”,…this is known as
“Foreclosure”.
 Each county has at least one “Magistrate”.
 “Magistrates” issue “search warrants & arrest warrants”.
 “Magistrates” are “Appointed” by the resident “Superior
Court Judge” with the greatest seniority & are supervised
by the “Chief District Court Judge”.

36. The Judicial Branch
 Other Judicial Officers:
 The voters in each of the state’s court districts also elect a
“District Attorney”.
 The “District Attorney” represents the “State” in all
“Criminal Cases” in District & Superior Courts.
 The “District Attorney” also represents the “State” in
“Juvenile Delinquency” proceedings in “District Courts”.
 The state of North Carolina also provides “Lawyers” for
those persons accused of crimes who are unable to pay for
their own defense attorneys.
 Some judicial districts have “Public Defenders”.
 The district “Public Defender” is a full time state employee
whose responsibility is to represent extremely low-income
people accused of crimes.

37. The Judicial Branch
 Appellate Courts:
 “Appellate Courts” hear disputes about whether
the decision of a “Trial Court” should be
overturned.
 The decisions of each state’s highest court are
final unless overruled by the “Supreme Court of
the United States”.
 North Carolina has two “Appellate Courts”…
 The Court of Appeals
 The State Supreme Court

38. The Judicial Branch
 The North Carolina Court of Appeals:
 The “Court of Appeals” hears most of the cases appealed
from the state’s “Trial Courts”.
 Voters elect the “15 Appeals Court Judges”.
 “Appeals Court” Judges hear cases in groups or in panels
of “Three Judges”.
 At least “Two” out of the “Three” judges must agree in
order to reach a decision.
 The “Court of Appeals” hears more than 2,000 cases a
year.
 “Appeals Court” judges are elected statewide for terms of
“8 years”.

40. The Judicial Branch The North Carolina Supreme Court:
 The highest level of state appeals is the “North Carolina
Supreme Court”.
 The “Supreme Court” reviews cases that a lower court has
already decided.
 The state “Supreme Court” also interprets the “State’s
Constitution & Laws”…which is known as the power of
“Judicial Review”.
 The “Supreme Court” is made up of “7 Judges” known as
“Justices”.
 The head of the Supreme Court is known as the “Chief
Justice”.
 Voters elect the “Chief Justice” and other “Justices” to “8
Year Terms”.

41. The Judicial Branch
 The North Carolina Supreme Court:
 The “7 Supreme Court Justices” decide which of the cases
being appealed should be considered.
 Those cases that they do not take are heard by the “Court of
Appeals”.
 The State Supreme Court hears “All Cases” in which the “Death
Sentence” is being “Appealed”.
 A “Majority” of the seven justices must agree to a decision.
 The North Carolina Supreme Court hears about “600 cases”
each year.
 Unless there is an issue that involves the “U.S. Constitution”,
the decision of the “State Supreme Court” is final.
 The “State Supreme Court” supervises all the other courts in
North Carolina.
 The “Chief Justice” can name special “Superior Court Judges”
& can temporarily reassign “Superior” & “District” court judges.

42. The Judicial Branch
 Landmark State Supreme Court Decisions:
 Bayard v. Singleton (1787)
 During the American Revolution, state governments
sometimes seized the property of “Loyalists” because of
their support for the “British”.
 After the war, “Elizabeth Bayard” filed a lawsuit to reclaim
her property that the State had given to a merchant named
“Spyers Singleton”.
 A North Carolina “Appeals Court” ruled in favor of Mrs.
Bayard.
 The “Bayard Decision”, was the first by a “State Court” to
declare a State Law “Unconstitutional”, & this decision
introduced the idea of “Judicial Review”.

43. The Judicial Branch
 State v. Mann (1830):
 Slaveholder “John Mann” was arrested for beating and
wounding an enslaved African American woman named
“Lydia”.
 A “Chowan County Jury” convicted “John Mann” of
“Battery”.
 On “Appeal”, the North Carolina “Supreme Court”
overturned the lower court’s ruling.
 Justice “Thomas Ruffin” ruled that according to the laws of
“North Carolina”, slaveholders could not be prosecuted for
attacking the enslaved because the enslaved were
classified as “Property”…not “Citizens”.
 This case established the “Supremacy” of “State Law” &
the “State Constitution” of “North Carolina”.

44. The Judicial Branch
 The Leandro Case:
 Article I, Section 15, of the “North Carolina Constitution”
states… “The people have a right to the privilege of
education, and it is the duty of the State to guard and
maintain that right.”
 In 1994, people from five North Carolina counties filed a
lawsuit against the state, claiming that the state was not
giving their children “Adequate or Equal Educational
Opportunities”.
 These counties spent much less per student than many
other North Carolina counties.
 They spent less because they had less to spend…they
were “Low Wealth Counties”.

45. The Judicial Branch The Leandro Case:
 By 1997, this case had reached the “North Carolina
Supreme Court”.
 The “Supreme Court” ruled that the “State Constitution”
does not require “Equal Funding of Education”…this
decision upheld the “Supremacy” of the “North Carolina
Constitution”.
 Then in “Hoke v. State”, a “Superior Court” concluded
that “at-risk children” require more resources, time, and
focused intervention in order to learn…which is the
“State’s” responsibility to provide.
 In 2004, the “North Carolina Supreme Court” agreed with
some parts of the “Hoke Decision”, agreeing that “At-
Risk” students had been denied a sound basic education.
 In response, North Carolina education officials proposed
new programs and new streams of funding.