North Carolina Constitution
Overview
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Drafted in 1971 to reflect the changes in social conditions
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Important amendments
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Longer than the Federal Constitution
15 articles
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1972: 21 to 18
1977: governor can serve two four terms
1996: governor can veto legislation
ARTICLE I: Declaration Of Rights
ARTICLE II Legislative
ARTICLE III Executive
ARTICLE IV Judicial
ARTICLE V Finance
ARTICLE VI Suffrage And Eligibility To Office
ARTICLE VII Local Government
ARTICLE VIII Corporations
ARTICLE IX Education
ARTICLE X Homesteads And Exemptions
ARTICLE XI Punishments, Corrections, And Charities
ARTICLE XII Military Forces
ARTICLE XIII Conventions; Constitutional Amendment And Revision
ARTICLE XIV Miscellaneous
It begins with the Preamble
Why is it important
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What does the NC Constitution do?
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It gives our citizens political rights such as the right to vote.
It establishes the basic offices and procedures of state government.
It establishes a rules and defines the chartering of corporations.
It establishes basic outline, funding, and governance of public education.
It allows government to provide certain public services.
It allows government to levy taxes.
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It allows government to finance public works, infrastructure, community facilities, industrial parks, and
schools
It limits the deficit spending of government
It requires government to respect the citizens of the state and their opinions.
It gives government and citizens the right to amend it.
It creates and establishes basic rules for local government.
Establishes property rights and limitations on the taxation and seizure of property
It establishes police powers and rules for punishment
It establishes other miscellaneous items such as use of natural resources
Why so thorough and detailed?
Preamble
• We, the people of the State of North Carolina,
grateful to Almighty God, the Sovereign Ruler of
Nations, for the preservation of the American Union
and the existence of our civil, political and religious
liberties, and acknowledging our dependence upon
Him for the continuance of those blessings to us and
our posterity, do, for the more certain security
thereof and for the better government of this State,
ordain and establish this Constitution.
• With your partner, determine the purpose of the
preamble and pick the political values contained
– Be ready to discuss your answers and provide evidence
Preamble
• Sets forth the purpose
– Confirms the dedication to the United States Government
– Establish natural and civil rights
• Discusses religious liberties yet contain major religious
overtones
– Why?
• Political Values
– Popular Sovereignty
• “We the people”
– Individual Rights
• “Civil, political, and religious liberties”
– Rule of Law
Declaration of Rights
• It is the first article in the Constitution
• Begins with: That the great, general, and essential
principles of liberty and free government may be
recognized and established, and that the relations
of this State to the Union and government of the
United States and those of the people of this
State to the rest of the American people may be
defined and affirmed, we do declare that:
– Based on the above; What type of rights and loyalties
will it establish; why?
• Following this preamble are 37 rights:
Declaration of Rights
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Natural Rights
– Section 1. The equality and rights of persons.
• We hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain
inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of
happiness.
– Sec. 12. Right of assembly and petition.
• The people have a right to assemble together to consult for their common good, to instruct their representatives, and to
apply to the General Assembly for redress of grievances; but secret political societies are dangerous to the liberties of a
free people and shall not be tolerated.
– Sec. 13. Religious liberty.
• All persons have a natural and inalienable right to worship Almighty God according to the dictates of their own
consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience.
– Sec. 14. Freedom of speech and press.
• Freedom of speech and of the press are two of the great bulwarks of liberty and therefore shall never be restrained, but
every person shall be held responsible for their abuse.
– Sec. 17.Slavery and involuntary servitude.
• Slavery is forever prohibited. Involuntary servitude, except as a punishment for crime whereof the parties have been
adjudged guilty, is forever prohibited.
Declaration of Loyalty
– Sec. 4. Secession prohibited.
• This State shall ever remain a member of the American Union; the people thereof are part of the American nation; there
is no right on the part of this State to secede; and all attempts, from whatever source or upon whatever pretext, to
dissolve this Union or to sever this Nation, shall be resisted with the whole power of the State.
– Sec. 5. Allegiance to the United States.
• Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no
law or ordinance of the State in contravention or subversion thereof can have any binding force..
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Civil/Political Rights
– Sec. 10. Free elections.
• All elections shall be free.
– Sec. 11. Property qualifications.
• As political rights and privileges are not dependent upon or modified by property, no property qualification shall affect
the right to vote or hold office.
Declaration of Rights
• Civil/Political Rights Cont.
– Sec. 15. Education.
• The people have a right to the privilege of education, and it is the
duty of the State to guard and maintain that right.
• Sec. 19. Law of the land; equal protection of the laws.
– No person shall be taken, imprisoned, or disseized of his
freehold, liberties, or privileges, or outlawed, or exiled, or
in any manner deprived of his life, liberty, or property, but
by the law of the land. No person shall be denied the equal
protection of the laws; nor shall any person be subjected
to discrimination by the State because of race, color,
religion, or national origin.
Declaration of Rights
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Legal Rights/ Due Process
– Sec. 20. General warrants.
• General warrants, whereby any officer or other person may be commanded to search suspected places without
evidence of the act committed, or to seize any person or persons not named, whose offense is not particularly
described and supported by evidence, are dangerous to liberty and shall not be granted.
– Sec. 21. Inquiry into restraints on liberty.
• Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to
remove the restraint if unlawful, and that remedy shall not be denied or delayed. The privilege of the writ of
habeas corpus shall not be suspended.
– Sec. 22. Modes of prosecution.
• Except in misdemeanor cases initiated in the District Court Division, no person shall be put to answer any
criminal charge but by indictment, presentment, or impeachment. But any person, when represented by
counsel, may, under such regulations as the General Assembly shall prescribe, waive indictment in noncapital
cases.
– Sec. 23. Rights of accused.
• In all criminal prosecutions, every person charged with crime has the right to be informed of the accusation and
to confront the accusers and witnesses with other testimony, and to have counsel for defense, and not be
compelled to give self-incriminating evidence, or to pay costs, jail fees, or necessary witness fees of the
defense, unless found guilty.
– Sec. 24. Right of jury trial in criminal cases.
• No person shall be convicted of any crime but by the unanimous verdict of a jury in open court. The General
Assembly may, however, provide for other means of trial for misdemeanors, with the right of appeal for trial de
novo.
Rights of a Victim
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Sec.37.Rights of victims of crime.
– (1) Basic rights. Victims of crime, as prescribed by law, shall be entitled to the following basic
rights:
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(a) The right as prescribed by law to be informed of and to be present at court proceedings of the
accused.
(b) The right to be heard at sentencing of the accused in a manner prescribed by law, and at other
times as prescribed by law or deemed appropriate by the court.
(c) The right as prescribed by law to receive restitution.
(d) The right as prescribed by law to be given information about the crime, how the criminal justice
system works, the rights of victims, and the availability of services for victims.
(e) The right as prescribed by law to receive information about the conviction or final disposition and
sentence of the accused.
(f) The right as prescribed by law to receive notification of escape, release, proposed parole or pardon
of the accused, or notice of a reprieve or commutation of the accused's sentence.
(g) The right as prescribed by law to present their views and concerns to the Governor or agency
considering any action that could result in the release of the accused, prior to such action becoming
effective.
(h) The right as prescribed by law to confer with the prosecution.
– (2) No money damages; other enforcement. Nothing in this section shall be construed as
creating a claim for money damages against the State, a county, a municipality, or any of the
agencies, instrumentalities, or employees thereof. The General Assembly may provide for
other remedies to ensure adequate enforcement of this section.
– (3) No ground for relief in criminal case. The failure or inability of any person to provide a right
or service provided under this section may not be used by a defendant in a criminal case, an
inmate, or any other accused as a ground for relief in any trial, appeal, post conviction
litigation, habeas corpus, civil action, or any similar criminal or civil proceeding.
Article II: Legislative Branch
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The NC Legislative Branch is modeled after the United States Congress.
The legislative power in North Carolina lies in the hands of the General Assembly, also
known as the Legislature.
The General Assembly is the “voice of the people” because all its members are elected.
The General Assembly is made up of a House of Representatives and a Senate.
The state is divided into 120 house districts and 50 senate districts; likewise, the House
of Representatives has 120 members, and the Senate has 50 members.
Apportionment
– Senate
• Each District has one senator but the amount of districts in an area is based on
population (refer to map)
– House
• Each district has one house rep but the amount of districts in the area is based
on population (refer to map)
Fill out all appropriate sections on the right hand column/you have four minutes
House Districts
Senate Districts
Legislative Cont.
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The General Assembly exercises its authority by enacting bills that amend or
become North Carolina’s general statutes, or laws enacted by a legislature.
Bills can be introduced in either the House or the Senate, but both presiding
officers must sign bills before they are presented to the governor; most bills
become law in NC when signed by the governor
Both houses serve two year terms with not term limit.
Qualifications for Senator.
– Each Senator, at the time of his election, shall be not less than 25 years of age,
shall be a qualified voter of the State, and shall have resided in the State as a
citizen for two years and in the district for which he is chosen for one year
immediately preceding his election.
Qualifications for Representative.
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Each Representative, at the time of his election, shall be a qualified voter of the State,
and shall have resided in the district for which he is chosen for one year immediately
preceding his election.
Fill out all appropriate sections on the right hand column/you have four minutes
Legislative Branch: Hierarchy
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Who runs the Senate?
– The Lieutenant Governor of NC serves as President of the NC Senate.
– The Lt. Governor presides over the Senate but does not vote unless the Senate is
equally divided.
– The Senate elects a President Pro Tempore who stands in and becomes President if
necessary
Who runs the House of Representatives?
– The House elects a Speaker of the House who presides over the House of
Representatives.
When does the General Assembly meet?
– The General Assembly meets for a long session (January –until) in odd-numbered years
and for a short session (May – until) in even-numbered years.
– The General Assembly can also be called by the Governor, the President of the Senate,
or the Speaker of the House for special sessions.
– More often than not, all sessions run longer than intended, particularly those called
“short sessions.”
Fill out all appropriate sections on the right hand column/you have four minutes
Legislative Branch: Reserved Powers
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The powers of the legislative branch are not exactly expressed as they are for the federal
legislative branch.
– Most of them are established by the 10th Amendment
• “The powers not delegated to the United States by the Constitution, nor prohibited
by it to the states, are reserved to the states respectively, or to the people.”
• Examples: Police powers-regulate and prosecute criminal actions, marriage, issue
driver license, public roads, education, manage and conduct elections, establish
local government, regulate intrastate commerce
– Some are concurrent or shared
• Examples: tax and spend for general welfare, borrow money, establish courts, enact
and enforce laws
Only one is expressed
– Taxing and revenue bills are the only power mention in the state Constitution
Remember the distribution of powers between state and federal government are the main
component of federalism
– As we have seen these powers are constantly being pushed by both sides and tested in
the courts, later we will look closer at this contest.
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Limits on State Legislature
Federal
Local
• Cannot legislate in areas
strictly expressed for federal
government
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– Example: coin money,
interstate commerce
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• Supremacy Clause
– If the two conflict, federal law
is supreme
• 14th amendment
– Due process clause forbids
states from denying anyone
their rights
Prohibits state legislature from
enacting:
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Relating to health, sanitation, and the
abatement of nuisances;
(b) Changing the names of cities, towns,
and townships;
(f) Relating to cemeteries;
(g) Relating to the pay of jurors;
(h) Erecting new townships, or changing
township lines, or establishing or changing
the lines of school districts;
(i) Remitting fines, penalties, and
forfeitures, or refunding moneys legally
paid into the public treasury;
There are other special issues it cannot
legislate
It sets up a type of sub-federalism.
Fill out all appropriate sections on the right hand column/you have four
minutes
Article III: Executive Branch
• The executive power of the state is in the
hands of the Governor, but the Lieutenant
Governor, the Council of State, and the
Governor’s Cabinet are considered part of the
Executive Branch.
Terms And Qualifications
• Term
– North Carolina elects a
Governor for a four-year
term, and the NC
Constitution limits the
Governor to two
consecutive terms.
– Elected same time and
place as General
Assembly
• Qualifications
– At least 30 years old
– Citizen of US for at least
5 yrs
– Citizen of state for at
least 2 yrs
Duties and Roles
• Legislative Role
– Addresses General Assembly
– Creates a legislative agenda
• Budget
– Create and Send to General Assembly
– Upon approval, administers budget
– Observes receipts and surpluses to maintain a
balanced budget
• Enforce law ands regulations
• Commander in Chief
– In charge of national guard accept when called into
national service
Duties and Roles cont.
• Clemency.
– may grant reprieves, commutations, and pardons, after conviction, for
all offenses (except in cases of impeachment)
– subject to regulations prescribed by law
– The terms reprieves, commutations, and pardons shall not include
paroles.
• Call assembly into special session
• Nominate and appoint, with senate confirmation, officers of state
not otherwise appointed or elected
• Elicit the progress and performance of all state agencies and
departments
• Reorganize administrative structure and duties
– General Assembly may also do this through legislation
– If governor conflicts with existing law, he may issue and executive
order
Lt. Governor
• Similar to Vice President
– Elected separately; possible to come from a
separate party
• Duties
– Only expressed duty is to preside over Senate and
vote in case of tie
– Other duties may be assigned by General
Assembly and Executive
Other Officers
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Elected
– A Secretary of State
• Manages elections
– Auditor
• Oversees spending of tax dollars; can audit all
state institutions
– Treasurer
• Collect and invest tax dollars
– Superintendent of Public Instruction
• Oversee DPI/education
– Attorney General
• Represents state in court/gives legal advice
– Commissioner of Agriculture
• Offers resources, executes policy, ensures
compliance
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Appointed
– The following officers are the governor’s
cabinet; they are appointed by the governor
and confirmed by the Senate; just like the
president’s cabinet
– They are overseen by the governor
• Department of Administration:
– Helps oversee other state
agencies
– Department of Commerce:
• oversees programs that aid NC’s
economic growth
– o Department of Corrections:
• Oversees NC’s prison system
– o Department of Crime Control and Public
Safety
• Oversees Emergency Management and
the State Highway Patrol
– o Department of Cultural Resources
• Promotes NC’s historical preservation
and its arts
– o Department of Environment and Natural
Resources
• Protects NC’s natural resources and
parks
Officers Cont.
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– Commissioner of Labor
• Handles disputes, ensures
compliance with labor
regulations
– Commissioner of Insurance
• regulating the insurance
industry, licensing insurance
professionals and others,
educating consumers about
different types of insurance,
handling consumer complaints
– Serve four year terms with no limit
– Through these elected officials and
their departments, the executive
branch heavily influences the day to
day business of everything from
school children to CEO’s
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o Department of Health and Human Services
• Includes nearly 20 agencies, including
public health, mental health, and social
services; its role is to “protect the public
health” and to work “in local offices,
schools, and hospitals;” in fact, the
state mandates that each county
provide these services to its citizens
through county-level or multi-county
boards
o Department of Juvenile Justice and
Delinquency Prevention:
• Attempts to prevent delinquency and
deals with juvenile delinquents
o Department of Revenue:
• Collects taxes
Department of Transportation: Constructs
and maintains a statewide transportation
system that includes highways, ferries and
airports, and it licenses the vehicles and the
drivers that drive in North Carolina at the
Department of Motor Vehicles
Council of State
• The Council of State
– Comprised of Governor, Lt. Governor, and the elected officers
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Attorney General
Commissioner of Agriculture
Commissioner of Insurance
Commissioner of Labor
Secretary of State
Superintendent of Public Instruction
State Auditor
State Treasurer
• Each of these individuals acts under policies and procedures
decided by the General Assembly and decides how to carry out
these practices.
• The Council of State acts independently of the Governor, the Lt.
Governor, and one another, so conflict is possible.
Article IV: Judicial Branch
• The judicial power of the State shall, except as
provided in Section 3 of this Article, be vested
in a Court for the Trial of Impeachments and
in a General Court of Justice. The General
Assembly shall have no power to deprive the
judicial department of any power or
jurisdiction that rightfully pertains to it as a
co-ordinate department of the government,
nor shall it establish or authorize any courts
other than as permitted by this Article.
Structure
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Three divisions
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Appellate
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Supreme Court
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Court of Appeals
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No less than five but set by General Assembly
8 year term
Superior
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Divided in districts with one or more judges.
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Elected to four year terms
May be transferred by Chief Justice of Supreme Court
Open year around
Clerk of Superior Courts
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Chief Justice and six judges
» General Assembly can increase number up to 8
Held in Raleigh
8 year term
Elected to four year terms
District
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Divided into districts; each county must have one
At least one judge
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At least one Magistrate
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Elected to four year terms
Nominated by Clerk of Superior Court
Elected to two year terms
Jurisdiction
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Supreme
– Appellate Jurisdiction
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Reviews procedural errors and “issues of facts”
Does not consider guilt or innocent
Court of Appeals
– Appellate Jurisdiction from lower courts
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Reviews procedural errors and “issues of facts”
Does not consider guilt or innocent
Superior
– Considered trial courts
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Involve jurors
– Original Jurisdiction in cases involving major crime; ie. Felonies and large civil disputes
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District
– Original Jurisdiction in minor cases, such as misdemeanors and traffic violations
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Civil cases of 10,000 or less
Juvenile Courts
Criminal Cases do not have a juror
District Attorneys
• Each district shall have a district attorney
– Chief Prosecutor
– Elected to four year terms
Other Important Articles
• Article V: Finance
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Poll tax abolished
All taxes are for public uses
Property taxes created at state level and must be uniform
Income tax cannot exceed 10%
Can borrow but restricted
• Article VI: Suffrage and Eligibility to Vote
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18 years old
Resident for at least a year
Loose it if you commit a felony
Literacy Requirements
• IX: Education