2PreambleWe, 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 acknowledge 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 the Constitution.
3Articles I. Declaration of Rights II. Legislative III. Executive IV. JudicialV. FinanceVI. Suffrage and Eligibility to OfficeVII. Local GovernmentVIII. CorporationsIX. EducationX. Homesteads and ExemptionsXI. Punishments, Corrections, and CharitiesXII. Military ForcesXIII. Conventions, Constitutional Amendment and RevsionXIV. Miscellaneous
4Article I – Declaration of Rights Very similar to Bill of RightsDivided into 37 sectionsSection 1 - The equality and rights of personsSection 2 – Sovereignty of the peopleSection 3 – Internal government of the StateSection 4 – Secession prohibitedSection 5 – Allegiance to the United StatesSection 6 – Separation of PowersSection 7 – Suspending Laws
5Article I – Declaration of Rights Section 8 – Representation and taxationSection 9 – Frequent ElectionsSection 10 – Free ElectionsSection 11 – Property QualificationsSection 12 – Right of Assembly and PetitionSection 13 – Religious LibertySection 14 – Freedom of Speech and PressSection 15 – EducationSection 16 – Ex Post Facto LawsSection 17 – Slavery and Involuntary Servitude
6Article I – Declaration of Rights Section 18 – Courts shall be openSection 19 – Law of the land; equal protection of the lawsSection 20 – General warrantsSection 21 – Inquiry into restraints and libertySection 22 – Modes of prosecutionSection 23 – Rights of accusedSection 24 – Right of jury trial in criminal casesSection 25 – Right of jury trial in civil casesSection 26 – Jury Service
7Article I – Declaration of Rights Section 27 – Bail, fines, and punishmentsSection 28 – Imprisonment for debtSection 29 – Treason against StateSection 30 – Militia and the right to bear armsSection 31 – Quartering of soldiersSection 32 – Exclusive payments (salaries)Section 33 – Hereditary payments and honorsSection 34 – Perpetuities and monopoliesSection 35 – Recurrence of fundamental principlesSection 36 – Other rights of peopleSection 37 – Rights of victims of crimes
8Article II – Legislative: General Assembly Makes lawsThe Makeup of Legislaturesbicameral legislatureupper house (50) – the Senate – serve a 2 year term and have a smaller bodylower house (120) – the House of Representatives. 2 year term and typically has a 2 to 4 times as many members.Salaries tend to be the same.
9Article II – Legislative: General Assembly Qualification –live in the district they representmust be a US citizenReps can be as young as 18 years oldmust be a qualified voterlive in the district for which he is chosen for one year immediately preceding his electionSenators25 years oldresided in the state for two yearsin the district in which he is chosen for one year immediately preceding the election
10Article II – Legislative: How legislatures function Leadership –the majority party selects the Speaker and when there is no LT. Gov. in the Senate,the majority party also selects the President of the SenateSpeaker of the House –directs business in the House;President of the House or the Lt. Governor does the same in most Senates
11Article II – Legislative Bills/Laws How a bill becomes a law is similar to the national governmentonce introduced by a member of either houseit goes to the appropriate committeewhere it can die or move onIf each house passes itgoes to conference for agreeable languagegovernor must sign it for it to become state law
12Article II – Legislative Apportionment Once the census is taken every 10 years, the state legislatures must divide or apportion the districts (can be reapportioned or redrawn also) malapportionment occurred in some places and had to be redone.
13Article II – Legislative Problems facing the statesMoney is becoming a problemNo one wants to raise taxesBut constituents want more services, better roads, better schools, and more law enforcement and sometimes the money isn’t there
14Article III - Executive Carry out LawsOffice of the Governor – the states executive branchEach state has a governor, sometimes a lieutenant governor, departments, and agencies
15Article III - Executive Governor’s qualifications:American citizen30 years old.a citizen of the US for five yearsresident of the state for two yearsElected by popular voteServe four year terms and no more than two consecutive terms.
16Article III – Executive Powers and Duties of the Governor Chief Executive – carries out state laws, appoints officials, prepares a budgetChief Legislator – proposes legislation, approves or vetoes legislationJudicial Leader – offers pardons and reprieves, grants paroleCeremonial Leader – greets important visitors, represents the stateCommander – in – Chief – in charge of the National GuardParty Leader – leads the political party in the state
17Article III – Executive Departments NC has a cabinetTheir job is to advise the governor on important issues related to their area of responsibility
18Article III - Executive Officers in the cabinetSecretary of State – manages elections and maintains the states official recordsAttorney General – represents the state in lawsuits and gives legal advice to the governor, state agencies, and the legislatureTreasurer – collects taxes and invests state fundsAuditor – reviews the record keeping of state agencies to make certain that their money is used according to state laws
19Article III - Executive Some departments are like the national departments – Department of Agriculture, Department of Labor, Department of JusticeMost states have a Department or Board of Health, which runs programs in disease prevention and health education, Department of Public works and Highways, which are responsible for building and maintaining roads, bridges, public buildings, and other state properties. Plus, many states have a State Welfare board to help the unemployed and people living in poverty
20Article IV – Judicial Branch North Carolina State Judicial BranchNorth Carolina Supreme Court1 Chief Justice and 6 Justices elected for 8 year terms on a rotating scheduleSupervises all state courtsInterprets NC Constitution and power of JUDICIAL REVIEW in all state casesOriginal jurisdiction in death penalty casesAppellate jurisdiction of inferior state court decisionsDecisions final unless appealed to the US Supreme Court
21Article IV – Judicial Branch North Carolina Higher CourtsNC appellate courtsPanel of 5 elected judges for 8 year termsAppellate jurisdiction – review of decisions of inferior courts
22Article IV – Judicial Branch NC superior courtsAlso called county or circuit courts with several elected judges for 8 year termsCourts may be specialized criminal, civil, and juvenileOriginal jurisdiction – felonies (serious crimes)Civil cases over $14,000 and serious juvenile casesAppellate jurisdiction – district and magistrate court’s decisions
23Article IV – Judicial Branch North Carolina Lower CourtsNC District CourtsMany judges elected for four year termsOriginal Jurisdiction – misdemeanors (small crimes) that do not require a jury, preliminary hearings for superior court, certain juvenile cases, and civil cases above $4,000 and below $14,000
24Article IV – Judicial Branch NC magistrate courtsMany judges elected for two year termsOriginal jurisdiction – minor misdemeanors, civil cases under $4,000, issues arrests and search warrantsNO APPEALLATE JURISDICTIONSpecialized Courts – traffic, small claims, family courts that deal with divorce, custody, adoption, abuse, alimony, child support, and minor juvenile misdemeanors