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”? N

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” O

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 ë

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 L

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” –DOESNOT 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