The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, one of the United States; it is the highest legal document for the state and subdue the law of North Carolina. All US state constitutions are subject to review of federal law; any provision may be revoked if, in the opinion of the majority of United States Supreme Court Judges, as constituted from time to time, is inconsistent with the US Constitution or any federal law under the Constitution, even if the same language previously was established as valid by the court.
The first North Carolina Constitution was made in 1776 after the Declaration of American Independence. Since the first state constitution, there have been two major revisions and numerous amendments. The current form was ratified in 1971 and has 14 articles.
The three North Carolina constitutions are:
- 1776: as the first constitution of an independent state. The Declaration of Rights has been ratified the previous day.
- 1868: Framed in accordance with Reconstruction The story after North Carolina was accepted back to Union. It was a major reorganization and original modification into fourteen articles. It also introduced municipalities to be made by each region, the only southern state to do so.
- 1971: Minor consolidation of the 1868 constitution and subsequent amendments.
Video Constitution of North Carolina
History
Throughout its history, North Carolina has had three Constitutions: the Constitution of 1776, the Constitution of 1868, and the 1971 Constitution.
Constitution 1776
The Fifth Provincial Congress ratified the first constitution in December 1776. This draft was not submitted to the popular vote, but was accompanied by the Declaration of Rights. Although the constitution affirms the separation of powers between the three branches of government, the General Assembly holds true power. Until 1836, members of the General Assembly were the only state officials elected by the people. The General Assembly elects Judges, Governors, and members of the State Council. The judge has a life requirement and the governor has a one year term. The governor has little power and in most cases requires the approval of the State Council to exercise the power of office. The governor is also held with a tight deadline; a person can only hold the title of three terms in every six years. The constitution establishes a judicial branch, but it does not specify the structure of this branch. The Constitution also lacks a system of local government. Universal suffrage is not an element of this constitution. Only landowners can choose the Senator until 1857. To hold the title of state required land ownership until 1868.
Dissatisfied with the central role of the General Assembly, the constitutional convention of the state was referred to in 1835. Out of the convention came many amendments. Among the changes is to establish Senate and DPR membership at their current level, 50 and 120. Also, the governor's office became popularly elected. The proposed amendment to the convention was adopted by popular vote on 9 November 1835.
Convention 1861-62 was called to revise the Constitution to remove North Carolina from the United States. The procedure used to amend the constitution did not require popular vote, an active procedure until it was abolished in 1971.
Constitution 1868
In 1865, Governor William W. Holden asked the Conference to write a new Constitution; it's rejected by popular vote. Two years later, they reunited. The new Constitution gives more power to the people and to the governor.
From 1869 to 1968, some were handed over to North Carolina voters a total of 97 propositions to amend the Constitution of the State. All but one of these proposals are from the General Assembly. Of the 97 proposed amendments, 69 were ratified by voters and 28 were rejected by them. Due to the many amendments, many provisions in the constitution are becoming obsolete, obsolete and ambiguous. Simply put, the document becomes difficult to read and interpret. In 1971, there were 200 state institutions.
Constitution 1971
The draft which became the 1971 Constitution began with a study of the changes required by the North Carolina State Bar in 1967. This study outlines a much better and easily ratified document. The draft constitution logically organizes topics and eliminates obviously unconstitutional parts. The language and syntax are also updated and standardized. The study is separate from the main documents of some of the amendments deemed necessary, but potentially controversial. The main document passed the General Assembly in 1969 with only one negative vote in seven roll-call votes. On November 3, 1970, the proposed Constitution of 1971 was approved in a vote of 393,759 to 251,132.
Since the 1971 Constitution, there have been more than twenty amendments. The majority of these amendments extend citizens' rights, or expand the government's ability to issue bonds. One exception is in 2012, when amendments are added to limit the rights of citizens by constitutionally preventing the recognition of same-sex marriage. The following are significant amendments made since the 1971 constitution:
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- Prohibits all capitation and poll taxes.
- Removed the $ 0.20 limit of property taxes on a $ 100 valuation.
- Creating a state income tax to be calculated on the same basis as federal income tax
- Allows the Governor and the Lieutenant Governor to serve two consecutive terms (previously, the office holder was limited to one term).
- Require countries to run a balanced budget.
- Require a judge to become a lawyer.
- Adding Victim's Rights to the Declaration of Rights.
- Giving the governor a veto.
- Forbids anyone convicted of a crime for holding the county sheriff's office.
- Defining marriage between one man and one woman to be the only legitimate domestic trade union to be recognized by the state. (See One Amendment.)
Maps Constitution of North Carolina
Overview
Enacted in 1789, the current North Carolina Constitution contains the Preamble and 14 articles. Each article covers a different area, with the last article including all miscellaneous topics. Each article is subdivided into sections. This Constitution incorporates amendments into documents, unlike the United States Constitution which only adds amendments.
Opening
We, the people of the State of North Carolina, thank the Almighty God, the Sovereign of the Sovereign, 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 continuation of the blessing for us and our offspring, do, for the more secure security of it and for the better government of this State, set and establish this Constitution.
Article I - The Declaration of Rights
Each of the 37 sections of Article I explains the recognized rights separately. Many sections provide more depth to the rights covered by the Bill of Rights. The state constitution also guarantees additional rights, such as the right to public education and to open courts. It should also be noted that this section specifically denies the state the ability to secede from the United States and declares that every citizen of this State owes his absolute loyalty to the Constitution and to the government of the United States. Part 37, adding in 1995, is the latest addition to this article. This section states the right of the victim of the crime.
Article II - Legislative
Article II states that all legislative powers in North Carolina are awarded to the General Assembly. The General Assembly consists of the Senate and the House of Representatives, with 50 and 120 members respectively. Guidelines for the establishment of polling districts and qualifications for positions are also covered. Each house has a period of three years. This article also gives the governor the power to veto the law under some circumstances. The power veto was rejected governor until 1996 when the constitution was changed. North Carolina is the last country to extend this power to its governor.
Article III - Executive
The Governor is held by all executive authorities in Article III. The task of the governor is defined as the process of succession, should the governor die or become incapable. The holders of the governor's office are limited to two consecutive terms. The State Council, a cabinet-like body, was filled with eight popularly elected officials, along with governors and lieutenant governors. This article also defines and mandates a balanced budget.
Article IV - Judicial
Article IV defines the make-up of the state judicial branch and prohibits the legislature from inhibiting its function. Similar to the federal government, the power to indict state officials and judges, in a cross, is given to the country's Representative Council. The Senate can remove a person from the office by a majority of two-thirds after impeachment. This article also deals with the qualifications required of a judge and confer the power of judicial review with the state Supreme Court.
Articles V - Finance
Article V gives the state government the right to burden its citizens indefinitely under certain guidelines. It grants 10% income tax payable and also limits the ability to issue public bonds.
Article VI - Right to Choose and Appropriate for Office
Article VI provides each person with at least 18 years, an American citizen, and resides in North Carolina the right to vote. This right is rejected by criminals and illiterate people in English. This article also establishes eligibility to hold office. To hold a selected state office a person can not fall in one of the following categories:
- Younger than 21 years
- Denies the existence of God in the North Carolina Government (see Unworthy Terms)
- An person not eligible to vote in the election for that office
- Felon (See revocation)
- Already have a state or federal office.
Article VII - Local Government
Article VII gives the General Assembly the power to determine the boundaries of government subdivisions (regency, city, city). This limits the distance of a newly established city or city from cities established on the basis of established city populations. A sheriff's office is provided for each area.
Article VIII - Corporations
Article VIII defines a corporation. It also gives the General Assembly the right to create and organize the company.
Article IX - Education
Article IX makes public education compulsory for all able-bodied children, unless otherwise educated. The North Carolina State Board of Education is defined here and granted the power to administer all free public education in the state. This article calls for the General Assembly to institute a higher education system and declare that higher education should be free, as far as possible.
Article X - Shelter and Exception
Article X prevents the forced sale of a person's primary residence to pay the debt, unless the house is specifically used as collateral for the loan. Women can also retain full ownership of all properties they have when they get married, under this article. Also, life insurance policies paid to spouses or children are exempt from debt claims from the estate of the deceased.
Article XI - Penalties, Corrections and Amality
Article XI explains the only method of punishment to be used by the state. In particular only allow the death penalty in murder, arson, robbery, and rape cases. This article provides the public welfare responsibility to the General Assembly.
Article XII - Military Forces
This short article states: The governor will become Commander-in-Chief of the State's military forces and may summon the troops to execute the law, suppress riots and rebellion, and expel the invasion.
Article XIII - Convention; Amendments to the Constitution and Revision
Article XIII explains two ways the constitution can be changed: by popular convention or by law. Legislation is the most common way to change the constitution. The last time the constitution was changed by convention was in 1875. In legislative action, an amendment must pass through three-fifths in both assemblies of the General Assembly and also obtain a majority of popular votes.
Article XIV - Miscellaneous
The final article of the constitution covers topics that are not under any other article. The topic topics in this article include:
- Setting Raleigh as the capital.
- Create a permanent border of the current state.
- Demanding the General Assembly uniformly apply the law to the state.
- Provide any law legally enacted before this constitution's ability to remain in force unless the law is contrary to the constitution.
- Provide the General Assembly the ability to conserve natural resources with the creation of parks and the enactment of laws.
- Section 6 states that marriage should be defined as between a man and a woman (see also: North Carolina Amendment 1). This section is declared unconstitutional by a federal court in 2014.
Inappropriate provision
In accordance with the Federal Supremacy Clause, all United States Federal and Constitutional laws reject the Constitution of North Carolina. There are several provisions in the current North Carolina Constitution that may be contrary to federal law and/or the US Constitution.
At least two provisions are not enforced either because they are known to be void or almost certain to be beaten in court, even though they are brought verbatim from the 1868 Constitution.
- Chapter 6, section 8 disqualifies from the office anyone who will deny the existence of Almighty God. However, in 1961, the federal Supreme Court, at Torcaso v. Watkins revoked a similar provision in the Maryland Constitution on the grounds that it violated the First Amendment and Fourteen of the federal Constitution. The First Amendment prohibits Congress from passing laws that "respect the formation of religion," and this provision has long been considered binding to countries under the Fourth Amendment Process Clause. North Carolina prosecutors argue that the provision is likely to be inconsistent with the First Amendment. On December 7, 2009, Cecil Bothwell was inaugurated as Asheville City Councilman, and was declared an atheist. Former NAACP president H. K. Edgerton threatened to file a lawsuit against the city.
- Article 6, article 4 requires that a person be literate in English before applying to vote. This provision is widely used to effectively revoke African-American voter rights in the Jim Crow era. As such, it is widely held that this section violates the Right of Select Act. However, some attempts to remove this provision have failed. On April 25, 2017, the N.C. Building unanimously issued House Bill 148, a bipartisan bill to begin the process of lifting the literacy requirement to vote in the state.
In addition, federal and state court decisions have narrowed the scope of at least two parts of the constitution. Article 2, section 3 & amp; 5, sub-section 2 states that districts should not be shared when drawing state legislative districts. This provision is known as "All-Territory Terms." However, in 1981, the federal Department of Justice ruled that this provision was inconsistent with the Select Right Act. Therefore the state ignored the Whole Territory Provision until 2002. That year, the North Carolina Supreme Court ruled that the same protection clause of the state constitution considers single-member districts and thus constitutes a restriction on the Provisions of the Entire Territory. It can also be said that the rule of "one person, one vote" from Reynolds v. Sims also limits this provision.
Part 2 of Section 11 ("Death Penalty") limits the execution to "... murder, arson, robbery, and rape [.]". Per Kennedy v. Louisiana, the last three can not be applied.
The statement of North Carolina Amendment 1 not to recognize same-sex marriage contradicts the Fourteenth Amendment of the Constitution of the United States as interpreted by the United States Supreme Court at Obergefell v. Hodges.
See also
- Law of North Carolina
References
External links
- The full text of the State of North Carolina Constitution
- North Carolina Constitution and Amendment, NC Legislative Library
- The official history of the North Carolina Constitution
- The amendment to the North Carolina Constitution, 1776-1996, by John L. Sanders & amp; John F. Lomax, Jr., UNC Institute of Government (1977)
- 1835 Book by Henry G. Connor
- Constitution 1776 text
Source of the article : Wikipedia
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