Civics 3.4

Civics 3.4

Authority of State Law and the Bill of Rights

Multiple Choice

The NC Constitution requires the General Assembly to approve the governor's budge before it becomes official. What is this an example of?

• limitations placed on the governor by term limits

• limitations placed on the governor by the courts

• limitations placed on the governor by the system of checks and balances

• limitations placed on the budget by the register of deeds

Multiple Choice

Which of the following is true regarding North Carolina judges?

• All judges are elected to a term of 8 years.

• Lower court judges are elected, but supreme court justices are appointed by the governor.

• Supreme Court justices and judges on the Court of Appeals are elected to 8 year terms; but lower court judges are appointed by the chief justice.

• Unlike federal judges who are appointed for life, all state judges are elected officials who serve a set term.

Multiple Choice

The DHHS, DOT, and Register of Deeds, are all examples of what?

• departments led directly by the Lieutenant Governor

• departments led by members of the Council of State

• state agencies carrying out a number of roles and responsibilities

• state agencies established under Article X of the NC Constitution

Questions

Assignments, Work, Attendance, School. Life?

General Assembly Today

https://www.wect.com/2021/03/01/nc-senate-vote-overriding-gov-coopers-veto-school-reopening-bill/

Open Ended

Recall: What does the Bill of Rights do for us today?

Open Ended

Should there be adjustments made to state/federal Bill of Rights or are they practically covered?

Authority of State Law

• NC Constitution - state's final authority on state law

• several cases have reinforced this authority

• State v. Mann (1830) - 1829 slave master John Mann shot and wounded a female slave owned by someone else

State v. Mann (1830)

• Mann was prosecuted and convicted of battery.

• Mann appealed with argument that the law did not limit the measures a master might use to force obedience from a slave and was found innocent.

• Court ruled that "power of a master must be absolute, to render the submission of the slave perfect"

State v. Mann (1830)

• Judge Thomas Ruffin made clear in his opinion that the court's sympathies lay with the slave and not Mann but that the court ruling must be based on the letter of the law

• state constitution not sympathies of the court serve as the ultimate legal authority

Open Ended

Can you think of any cases which we have covered or you know where the court might have been sympathetic but have to follow the law?

Leandro Case (1997)

• school boards and students from several low-income counties and urban areas sued the state for failing to fulfill its constitutional obligation to provide a quality education

• argued that the state did not provide enough funds for "at risk" and bilingual kids in their counties

Leandro Case (1997)

• Supreme Court ruled in favor of students

• Court reinforced the fact that the NC government is obligated to live up to guidelines of the NC Constitution

• Also if state fails to fulfill its obligation, courts can intervene

Open Ended

What do you think about the Leandro Case? Is there anything that you see occurring in education today which needs to be fixed? improved? Why or why not?

How the Bill of Rights affects State Law?

• NC is subject to the Supremacy Clause of the US Constitution like all states

• NC law must comply and be consistent with federal laws

• 14th amendment - citizenship federally but also state where one resides

Bill of Rights Affects State Law

• 14th amendment states that no state can abridge or deny the civil rights of any citizen without due process of law

• Any rights guaranteed by the US Constitution cannot be denied by the provision of the NC Constitution

• 14th amendment serves to extend the Bill of Rights to the state level

Open Ended

How are our rights protected in NC?