Question

PLEASEEEE HELP!

compare the separation of the powers that was established be north carolinas 1776 constitution and the separation of the powers that was established at the federal level. did one branch of NC government seem to possess more power than the others? if, so which branch? identify one check to power that was no present at the state level.

Answer 1

The North Carolina 1776 Constitution established a separation of powers that was similar to the federal level in some respects, but also had some key differences.

Step-by-step explanation:

Like the federal government, the North Carolina Constitution established three branches of government: the legislative, executive, and judicial branches. However, the NC Constitution gave more power to the legislative branch compared to the federal level. The General Assembly, which consisted of the Senate and the House of Commons, had the power to appoint all executive and judicial officers, including the governor and judges. This meant that the legislative branch had significant control over the other two branches of government.

In contrast, the federal level established a system of checks and balances to prevent any one branch of government from becoming too powerful. For example, the president has the power to veto laws passed by Congress, but Congress can override the veto with a two-thirds majority vote. Additionally, the judicial branch has the power of judicial review, which allows it to declare laws passed by Congress or actions taken by the executive branch unconstitutional.

At the state level in North Carolina, a key check to power that was not present was the ability of the judicial branch to declare laws passed by the legislature unconstitutional. This power of judicial review was not explicitly granted to the state courts in the 1776 Constitution, and it was not until the 1868 Constitution that the state Supreme Court was given the power to declare laws unconstitutional.

Answer 2

Similarities: Both the state and federal systems adhere to the concept of separating powers among three branches of government: the legislative, executive, and judicial branches. This principle was influenced by the ideas of Enlightenment thinkers, such as Montesquieu, who believed in the importance of checks and balances to prevent the concentration of power in one branch.

Differences: North Carolina's 1776 constitution, like many other state constitutions of that time, placed more power in the legislative branch compared to the federal system. The General Assembly, which was the state's legislative body, had significant authority in making laws, levying taxes, and appointing officials. The executive branch, represented by the Governor, had limited power and was primarily responsible for implementing the laws passed by the legislature.

At the federal level, the United States Constitution established a more balanced system with three co-equal branches. The President, as the head of the executive branch, was granted specific powers, such as vetoing legislation and serving as Commander-in-Chief of the military. The judiciary, represented by the Supreme Court, was given the power of judicial review to interpret laws and the Constitution.

One significant check on power that was not present at the state level in North Carolina's 1776 constitution was an independent judiciary with the authority of judicial review. In the federal system, the judiciary has the power to review and determine the constitutionality of laws passed by the legislative branch. This principle was not explicitly included in many state constitutions at that time, including North Carolina's, which gave the state legislatures broader powers without the same level of scrutiny that the federal judiciary provided.

Overall, while both systems incorporated the principle of separating powers among branches, the federal system had a more balanced distribution of power, with checks and balances in place to prevent any one branch from becoming too dominant. In contrast, North Carolina's 1776 constitution leaned toward a stronger legislative branch, and the concept of judicial review was not yet fully established at the state level.