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Federalism in Action
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“First in Freedom” Mecklenburg Declaration of 1775
•
First Provincial Congress (August 1774) – elected
people to the Continental Congress
•
Mecklenburg Declaration (May 1775) – citizens of
Mecklenburg County stated that the only lawful
government was the provincial government, not the
British.
•
Halifax Resolves (April 12, 1776) – NC was the first
state to call for complete independence from Britain.
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Sent 3 delegates to the 2nd Continental Congress
Did not ratify Constitution until 1789 when Bill
of Right added
Three Constitutions in NC’s history
Very small number compared to other states
1st – Constitution of 1776
Very similar to the US Constitution
1835 Changes
Voters now allowed to elect governor, approve or reject
constitutional amendments
Took away rights of free men of African and Indian decent
2nd – Constitution of 1868
All Confederate states had to create new Constitution after Civil
War
Slavery abolished, all men over 21 could vote
3rd – Constitution of 1971
All elections free, freedom of speech, equal protection of laws
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After Civil War, next 2 decades African Americans
got to vote.
Hiram Revels – 1st African American to vote
By 1900, General Assembly set up discrimination
test to keep minorities (Blacks and Indians) from
voting
Women fought for suffrage (voting) in NC, but to
no success until the 19th amendment in 1920
Voting Requirements:
Citizen
18 years old by the next General Election
Lived in voting precinct for 30 days
Not currently serving a felony sentence
Registered to vote
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*Each state has its own constitution.
*All states have three branches of government.
*Voters ratify amendments in all states except for
Delaware.
*All states have bicameral legislatures except for
Nebraska.
*Each state must accept the validity of all other
state laws and contracts (Full faith and Credit).
*Extradition:
Governor orders a suspect to be
returned to the state where the crime was
committed.
*
*Led by a governor (like the President).
*In most states a person must be 30 years old, US
citizen, and a resident of the state for five years.
*Serve a four year term, 2 consecutive – can come
back for another 2 terms after 4 years
*Recall: An election where voters can remove state
officials.
*Lieutenant Governor: Takes over for the governor and
is head of the state senate (like the Vice President).
Pat McCrory
Walter Dalton
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*Chief Executive, Chief Legislator, Judicial
Leader, Commander in Chief, Party leader,
Ceremonial leader.
*As judicial leader a governor can:
*Commute: Reduce a sentence.
*Parole: Early release from prison.
*Can offer pardons and reprieves.
*Who else has these powers????
*Do you think the governor should
have the power to pardon, or
commute a sentence? Why or why
not?
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*Most officials are elected by
voters.
*There are many different
departments led by a secretary.
Governor
Pat McCrory
Lieutenant
Governor
Walter H.
Dalton
Elected Officials
Comm. Of
Agriculture
State
Treasurer
Superintendent
of Public
Instruction
Secretary of
State
Attorney
General
Secretary of
Labor
Commissioner
of Insurance
State
Auditor
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*The Legislative Branch of North Carolina’s state
government is called the General Assembly
*Makes two types of laws:
*Statutes – apply to everyone in the state
*Local or Specific laws – just to certain areas in
the state
*Major power deals with finances. How much to
spend and how much to tax?
*Legislative Oversight – review of government
operations
*
*State is divided into districts.
*Reynolds vs. Sims (1964):
All election districts
must be equal in population. “Each person one
vote”.
*Apportionment:
population.
Distribution of seats according to
*Legislators must be US citizens, live in the district,
and meet an age requirement. Fairly low pay.
*Legislative process is the same as the national
level.
*
*Misdemeanors:
Minor crimes handled by lower
courts. ex. Petty theft, public intoxication, simple
assault, indecent exposure
*Felonies:
Serious crimes handled by higher courts.
*Trial courts:
Use juries. Judge decides punishment.
*Appellate courts:
jurisdiction.
Panel of judges. Appellate
*State Supreme Court:
*Plea Bargain:
sentence.
Highest level.
Defendant pleads guilty for a reduced
*
*Local governments are established by state
governments.
*Charter: Plan that explains the power of a local
government.
*All counties provide services for their citizens.
*County board has legislative powers.
*Ordinance: Law passed by a county board.
*Provide law enforcement, set up hospitals,
improve transportation, and set up public
libraries.
*Collect revenue through property tax and sales
tax.
*Have executive power to enforce laws
(Inspectors).
*
*Sheriff:
Law enforcement. Keeps peace and
manages the jail.
*District attorney:
Investigates crime and
prosecutes in court.
*Coroner:
Establishes the cause of death.
*County clerk:
*Assessor:
purposes.
Keeps official records.
Determines the value of property for tax
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*Some counties are divided into towns.
*In the northeast, town government is more
important than county.
*Town govt. began in New England as a form of
direct democracy.
*Other northern states divided into smaller units
called townships.
*In the Midwest, townships were established during
expansion by Congress.
*
*Smallest unit of local government.
*A group must get permission from the state.
*Villages have a board and an executive elected by
the voters.
*Special Districts
*Provides a solution for a single issue or provide a
service.
*An elected board runs the district.
*User fees: Rates paid for services
*
*Must get a charter from the state government.
*Home rule:
Allows cities to write their own
charters.
*Crime, medical problems, drug abuse, and
homelessness are problems.
*Ward:
Voting district in a city.
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*Mayor:
Executive leader. Presides over city
council meetings. There are strong and weak
mayor plans
*City Council:
Legislative branch of the city.
Voter elected
*City Manager:
Helps makes decisions on city
.
projects – runs the city. Appointed
by the city
council
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*Public Policy:
Decision that effect people. They
can come from lawmakers, citizens, interest
groups, and the media.
*Must plan for the future.
Involves educated
guessing.
*Short term:
Decisions effecting the next few
*Long term:
Decisions effecting the next fifty
years.
years.
*Must have priorities and evaluate resources.
*Communities develop a master plan of goals.
*
*A zoning board decides what land will be used for.
*Different zones for residential, business, and
public land.
*Provides a map for the community.
*Financing
*Taxes: Sales, property and income.
*User fees: Fares paid for the use of services.
*Bond: Borrow the money and pay it back later.
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*Education is the most expensive service provided
by state and local governments.
*Magnet school:
Students focus on a particular field
of study.
*Vouchers:
Help parents send children to private
schools.
*Urban renewal: Re-building old neighborhoods.
*The government provides low income housing.
*
*Many places have shortages on power and
water.
*Conservation:
Using less of our resources.
*Disposing of garbage is a problem (landfills).
*Recycling:
ones.
Using old materials to produce new
*
You already know this
*National government shares power with the states.
*This gives Americans freedom to provide for their
own needs.
*The main reason is sectional differences.
*Types of Power:
*Enumerated: Powers given to the national
government. Can be expressed or implied (Elastic
clause).
*Reserved: Powers given to the state governments.
*Concurrent: Powers shared between national and
state.
*
*Spending is roughly related to population of the
state (from census numbers)
*Additional demographic questions to find out
where children are located (education),
minorities (grants for minorities), and
population density (highways)
*New Federalism
*Recent shift of authority for decision-making on
the implementation of the programs back to the
state and local governments.
*Started with President Nixon
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 Categorical Grants – funds for some specific closely
defined purpose.
 Like money for school lunches
 Usually have strings attached
 Block Grants – funds for much more broadly
defined purposes
 Fewer strings attached, more freedom for state/local to
decide how to spend money
 Project Grants – funds for specific organizations or
governmental bodies
 For research, job training programs, etc.
*
*Most interactions between national and state
government involve monetary considerations
Fiscal Federalism
*Carrot and Stick Approach – using rewards and
punishment. Carrot - the federal $ needed by the state.
Stick – regulation & compliance w/federal mandates to
receive the money – minimum wage, speed limits, handicap
accessibility
*Unfunded Mandates – Federal govt. requires a state
agency to perform functions but they don’t have the funds.
*Coercive Federalism – Federal govt. tells the state what
they have to do in order to receive funds.
*South Dakota v. Dole – state drinking ages must
conform to federal policy.
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*Advantages for Democracy
*Increases access to government
*Local problems can be solved locally
*Hard for political parties or interest
groups to dominate all politics
*Disadvantages for Democracy
*States have different levels of service
*Local interest can counteract national interests
*Too many levels of government and too much
money
Federalism and the Scope of Government
*What should the scope of national government be
relative to the states?
*National power increases with industrialization,
expansion of individual rights, and social services
*Most problems require resources afforded to the
national, not state governments
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*Federalism is a governmental system in which power
is shared between central government and the 50
state governments.
*The US has moved from dual (clearly defined terms)
to cooperative federalism (states and federal govts
collaborate on policy); fiscal federalism to new
federalism.
*Federalism leads to both advantages and
disadvantages to democracy.
*Most interactions today have a monetary component.
*There are still struggles and conflicts over power
sharing in this relationship.
Some people consider the governorship an
excellent preparation for the presidency.
Answer the following questions in at least
3 paragraphs.
1. In what ways do you think being
governor would prepare someone for the
presidency?
2.In what ways do you think it wouldn’t?
3.Why or why not?