Federalism -Federalism -Enumerated Powers -Reserved Powers -Concurrent Powers -Supremacy Clause...

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Federalism -Federalism -Enumerated Powers -Reserved Powers -Concurrent Powers -Supremacy Clause -State Constitutions -Federal-State Cooperation

Transcript of Federalism -Federalism -Enumerated Powers -Reserved Powers -Concurrent Powers -Supremacy Clause...

Page 1: Federalism -Federalism -Enumerated Powers -Reserved Powers -Concurrent Powers -Supremacy Clause -State Constitutions -Federal-State Cooperation.

Federalism-Federalism

-Enumerated Powers

-Reserved Powers

-Concurrent Powers

-Supremacy Clause

-State Constitutions

-Federal-State Cooperation

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State Executive Branch

-Governor–

4 year term,

2 consecutive term limit

30 years old

-Lieutenant Governor

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State Executive Branch

-Same Roles as President

Executive

Legislative

Commander

Party

Judicial

State

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State Executive Branch

-State Executive Departments and Agencies

-10 major Executive Departments(appointed)

-8 Council of State Departments(elected)

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State Legislative Branch

-Very similar to Congress

(called General Assembly in NC)

NC Senate-50 NC House 120

2 year Terms , no limits

-Legislatures can be based only on Population

Reynolds v. Sims

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GENERAL ASSMEBLYGENERAL ASSMEBLY

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House-Walter Church-DHouse-Walter Church-D

House-Mitch Gillespie-RHouse-Mitch Gillespie-R

Senate-Jim JacuminSenate-Jim Jacumin - -RR

Burke county state representatives

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State Legislative Branch

-State Congressmen

varying requirements, full time job

NC House-21, NC Senate 25

-Law Passing Process very similar to Congress

-Budget Problems are greatest concerns

-Leandro case involving school funding

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State Judicial Branch

-State Courts handle all cases not given to federal jurisdiction, which is most all cases

-Most state judges are elected officials

-elected in non-partisan elections

-debate over election process

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State Judicial Branch-Lower State Courts–

misdemeanor cases, family law and small civil suits—judge only

-Higher State Courts– felony cases, large civil suits—jury trials

-trial courts, county court, district court

-Appellate Courts

-State Supreme Courts

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NC SUPREME NC SUPREME COURTCOURT

JusticeJusticeRobert H.Robert H.

Edmunds, JrEdmunds, Jr JusticeJustice

Mark MartinMark Martin

Chief JusticeChief JusticeSarah ParkerSarah Parker

JusticeJusticeEdward ThomasEdward ThomasBrady Brady

Justice Paul Newby

Justice Robin Hudson

Justice Patricia

Timmons-Goodson

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State v. MannState v. Mann The case arose from the The case arose from the

prosecution of John Mann for prosecution of John Mann for assaulting a slave, Lydia, whose assaulting a slave, Lydia, whose services he had hired for one year. services he had hired for one year.

Mann hit Lydia when she committed Mann hit Lydia when she committed a small offense, and she ran away. a small offense, and she ran away. Mann Mann "called upon her to stop""called upon her to stop" when she did not, he shot her. when she did not, he shot her.

A jury convicted him of battery, but A jury convicted him of battery, but Chief Justice Ruffin overturned the Chief Justice Ruffin overturned the conviction.conviction.

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Justice Ruffin's Opinion in Justice Ruffin's Opinion in State v. MannState v. Mann Justice Ruffin captured the attention of Justice Ruffin captured the attention of

abolitionists with his extraordinary abolitionists with his extraordinary opinion in opinion in MannMann, because he released , because he released the possessor of a slave from all legal the possessor of a slave from all legal control for harm to her, despite his control for harm to her, despite his recognition of the inhumanity of his recognition of the inhumanity of his decision. decision.

"the struggle . . . in the Judge's own "the struggle . . . in the Judge's own breast between the feelings of the breast between the feelings of the man, and the duty of the magistrate."man, and the duty of the magistrate."

Mann was released from liability for Mann was released from liability for abusing a slave who was under his abusing a slave who was under his control.control.

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Leandro vs. North Leandro vs. North CarolinaCarolina Every child of the state of North Carolina is guaranteed an Every child of the state of North Carolina is guaranteed an

opportunity to receive a sound basic education in our public opportunity to receive a sound basic education in our public schools.schools.

A A "sound basic education""sound basic education" is one that will provide the student is one that will provide the student with at least:with at least:

(1) sufficient ability to read, write, and speak the English (1) sufficient ability to read, write, and speak the English language and a sufficient knowledge of fundamental language and a sufficient knowledge of fundamental mathematics and physical science to enable the student to mathematics and physical science to enable the student to function in a complex and rapidly changing societyfunction in a complex and rapidly changing society

(2) sufficient fundamental knowledge of geography, history, and (2) sufficient fundamental knowledge of geography, history, and basic economic and political systems to enable the student to basic economic and political systems to enable the student to make informed choices with regard to issues that affect the make informed choices with regard to issues that affect the student personally or affect the student's community, state, and student personally or affect the student's community, state, and nationnation

(3) sufficient academic and vocational skills to enable the (3) sufficient academic and vocational skills to enable the student to successfully engage in post-secondary education or student to successfully engage in post-secondary education or vocational trainingvocational training

(4) sufficient academic and vocational skills to enable the (4) sufficient academic and vocational skills to enable the student to compete on an equal basis with others in further student to compete on an equal basis with others in further formal education or gainful employment in contemporary formal education or gainful employment in contemporary society society

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The Court rules that this is a The Court rules that this is a minimum standard that is minimum standard that is constitutionally permissibleconstitutionally permissible

If the court found that the If the court found that the state failed, the people would state failed, the people would be entitled to a remedy be entitled to a remedy (effective educational strategy (effective educational strategy and/or additional funding)and/or additional funding)

No Child Left BehindNo Child Left Behind

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PLEA BARGAINPLEA BARGAINSINCE DISTRICT SINCE DISTRICT COURTS HEAR SO COURTS HEAR SO MANY CASES,MANY CASES, PLEA PLEA BARGAINSBARGAINS ARE USED ARE USED TO GET A GUILTY TO GET A GUILTY CONFESSION FOR A CONFESSION FOR A LESSER SENTENCELESSER SENTENCE

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IT IS A IT IS A STATE STATE

DECISIODECISION TO N TO HAVE HAVE THE THE

DEATH DEATH PENALTYPENALTY

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1818Methods of Execution

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North Carolina and the Death North Carolina and the Death PenaltyPenalty

North Carolina allows the death penalty North Carolina allows the death penalty as an option in cases of first-degree as an option in cases of first-degree murder.murder.

North Carolina authorizes North Carolina authorizes lethal lethal injectioninjection

Minimum age for death penalty: Minimum age for death penalty: 1818 Executions 1910-1961: Executions 1910-1961: 362362 No ExecutionsNo Executions 1962-19831962-1983 Executions since 1984: Executions since 1984: 42*42*

*3 in 2006 as of 5/17/06*3 in 2006 as of 5/17/06

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North Carolina lethal injection or North Carolina lethal injection or gasgas

19911991--11 19921992--11 19931993--00 19941994--11 19951995--22 19961996--0 0 19971997--00 19981998--3 3 19991999--44 20002000--11 20012001--55 20022002--2 2 2003-2003-7 7 20042004-4-4 2005-2005-5 5 2006-2006-3 3 20072007-?-?

Death Watch areaDeath Watch area

A dayroom on death row at A dayroom on death row at Central PrisonCentral Prison

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U.S. executions were briefly halted in 1972 U.S. executions were briefly halted in 1972 following the ruling of the U.S. Supreme following the ruling of the U.S. Supreme Court on the case of Court on the case of Furman v. GeorgiaFurman v. Georgia. The . The justices decided that executions were cruel justices decided that executions were cruel and unusual punishment and therefore a and unusual punishment and therefore a violation of the violation of the Eighth AmendmentEighth Amendment of the of the U.S. Constitution. U.S. Constitution.

In 1976, the Court reversed this decision in In 1976, the Court reversed this decision in the case of the case of Gregg v.GeorgiaGregg v.Georgia. To address the . To address the "cruel and usual punishment""cruel and usual punishment" objections, objections, states began looking for a more humane states began looking for a more humane way of carrying out the death penalty, lethal way of carrying out the death penalty, lethal injection being one of the methods they injection being one of the methods they came up with. came up with.

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Execution Execution Room at Room at

San San Quentin Quentin PrisonPrison

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Execution Execution Witness rooms Witness rooms at San Quentinat San Quentin

(top)(top) and and CentralCentral PrisonPrison

(right)(right)

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Selection of Execution WitnessesSelection of Execution Witnesses North Carolina General Statute North Carolina General Statute 15-19015-190

identifies the people who may be present at an identifies the people who may be present at an execution. It provides that execution. It provides that prison staff, official prison staff, official witnesses, members of the victim’s family and witnesses, members of the victim’s family and representatives of the convicted felon be representatives of the convicted felon be presentpresent. Space limitations in the witness room . Space limitations in the witness room restrict the number of witnesses to 16.restrict the number of witnesses to 16.

The statute defines the prison staff as the The statute defines the prison staff as the warden or deputy warden, or some person warden or deputy warden, or some person designated by the warden in his place and the designated by the warden in his place and the surgeon or physician of the penitentiary.surgeon or physician of the penitentiary.

The statute also provides for four respectable The statute also provides for four respectable citizens to serve as official witnesses. The citizens to serve as official witnesses. The district attorney of the county of conviction district attorney of the county of conviction and the sheriff of the county of conviction each and the sheriff of the county of conviction each select two official witnesses.select two official witnesses.

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DemographicsDemographics White Black Indian Other TotalWhite Black Indian Other Total MaleMale 63 87 8 4 63 87 8 4 162162 Female 2 1 1 0 4Female 2 1 1 0 4 Total Total 65 65 88 88 99 4 1664 166 Offenders on Death Row - namesOffenders on Death Row - names

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3131

Cost of execution supplies - Lethal InjectionCost of execution supplies - Lethal Injection 12 each 60cc syringe @.40 each-12 each 60cc syringe @.40 each-$4.80$4.80 6 each 10cc syringe @.12 each -6 each 10cc syringe @.12 each -$.72$.72 3 each 1000 ml saline @.71 each- 3 each 1000 ml saline @.71 each- $2.13$2.13 3 each IV tubing set @.63 each- 3 each IV tubing set @.63 each- $1.89$1.89 3 each IV set (needle) @ 6.87 each-3 each IV set (needle) @ 6.87 each-$ 20.61$ 20.61 12 each IV stopcock @ 1.23 each-12 each IV stopcock @ 1.23 each-$14.76$14.76 2 each Thiopental Sodium 5 gm.100 ml @ 20.28- 2 each Thiopental Sodium 5 gm.100 ml @ 20.28-

$40.56$40.56 12 each Potassium Chloride 2mg/ml   10ml @ .31-  12 each Potassium Chloride 2mg/ml   10ml @ .31- 

$3.72$3.72 12 each Pancuronium Bromide 5 ml @ 1.37-12 each Pancuronium Bromide 5 ml @ 1.37- $$16.4416.44 TOTAL $105.63TOTAL $105.63

(Costs varies somewhat depending on supplier, (Costs varies somewhat depending on supplier, current costs and amount of drug used)current costs and amount of drug used)

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Offender PopulationApr 20, 2005 Prison Inmates 36,735Probationers 114,925Parolees 2,558Total 154,218Male Inmates 34,088Female Inmates 2,647

Cost of Supervisionfor fiscal year ending June 30, 2004

Cost of Prison Incarceration  daily cost per inmate yearly cost per inmate Minimum Custody $49.34 $18,009Minimum Custody $49.34 $18,009 Medium Custody $65.59 $23,940Medium Custody $65.59 $23,940 Close Custody $82.46 $30,098Close Custody $82.46 $30,098 Average $65.80 $24,016

$882,227,760 $882,227,760 per year for per year for all inmates all inmates in the state in the state of NCof NC

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Persons executed in NCPersons executed in NC