North Carolina Constitution

Presentation by:John Noël

History

• First 1776• Second 1868 (after the Civil War)• Last 1971

– Though the NC Constitution has been revised three times, the fundamental principles have been in place since 1776!

Preamble

• Explains the Goals of the State Constitution

• 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……

Preamble

What does this tell us about our “founding fathers”?

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Article I: Declaration of Rights

• Limits the power of NC State Government

• Applies equality to all state residents• Popular Sovereignty & the right to

change or abolish the state government

• 3 Branches of Government –separation of powers

• Leandro Vs. State– All children in

NC have the right to a basic education

• Swann Vs. Charlotte-Mecklenburg– Schools will

integrate “busing”

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Article II Legislative

• NC Legislature = General Assembly – Composed of:

• 50 “NC Senators”• 120”NC House of Representatives”

– Qualifications:• NC Senate- Qualified voter 25yrs of age &

2yr NC resident that lives in the district • NC House of Reps- Qualified voter, that

lives in the district

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Article III Executive

• The Governor is the Chief executive officer of the state

• Qualifications: 30yrs, citizen 5yrs, NC resident 2yrs prior to election

• Terms of Office: 2 consecutive 4yr terms the governor may sit out for a term and then run again for two 4yr terms

• Budget- Prepared by the Governor; enacted by the GA; carried out by the Governor

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Article IV Judicial

• State Court System– Jurisdiction of each court level

• 4 levels within 3 divisions

NC Supreme Court

• Highest Court• Main Purpose: decide the

constitutionality of NC Laws• Elected for 8yr terms

– May be reelected for an unlimited number of times

Court of Appeals

• Hears all appeals from superior and district courts except for death penalty cases.

Superior Courts

• Trial courts where cases are first heard

• 12 Jurors• Judges are elected for 8yr terms

District Courts

• Trial Courts– Civil Cases (involving less than $10K)– Misdemeanors– Juvenile cases

• Cases are tried by a Judge without a jury

• Elected for 4yr terms

Magistrates

• District Court Officers– Have both Criminal and Civil

Jurisdiction• Power to Issue

– Search warrants– Arrest warrants– Summonses– Subpoenas – Bail– Small Claims ($5K or less)

Article V Finance

• Spending must be approved by the governing body– By the General Assembly for the State– And Locally By the City-Council

Article VI Suffrage and Eligibility to Office

• Eligibility: same as National• For state elections: residency for 1yr

prior• Must be registered

Article VII Local Government

• 100 Counties in NC• State authorizes and regulates Local

governments– Both Expressed and Implied powers

Article VIII Corporations

• State has the power to repeal corporate charters

Article IX Education

• All NC children have “an equal opportunity to obtain a sound and basic education”– DOES NOT MEAN EACH SCHOOL

IS EQUALLY FUNDED.• See Leandro Vs. State (1997).

– ¿2005 Lottery $ to help fund Schools?

Article X Homesteads and Exemptions

• Section 3: Mechanics’ and Laborers’ Liens

• Section 4: Property of married women secured to them

Article XI Punishments, Corrections and Charities

• NC Death Penalty• Community Service• Welfare Policies

Article XII Military Forces

• Governor is Commander in Chief of NC Guard forces

Article XIII Conventions; Constitutional Amendments

and Revision• 2 ways to Amend the NC Constitution

– Similar to Amending the US Constitution

Article XIV Miscellaneous

• State boundaries are to remain intact

• Conservation of Natural Resources– Requires the state to protect natural

resources for the benefit of NC residents