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North Carolina State Constitution

ISBN-10: 0199915148
ISBN-13: 9780199915149
Edition: 2nd 2013
List price: $170.00
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Description: North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account  More...

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Book details

List price: $170.00
Edition: 2nd
Copyright year: 2013
Publisher: Oxford University Press, Incorporated
Publication date: 4/11/2013
Binding: Hardcover
Pages: 272
Size: 6.50" wide x 9.75" long x 0.75" tall
Weight: 1.100

North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution.Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education."The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Series Foreword
Foreword to First Edition (1993) by the Honorable James G. Exum, Jr., Chief Justice, Supreme Court of North Carolina (1986-1994)
Foreword to Second Edition by the Honorable Sarah Parker, Chief Justice, Supreme Court of North Carolina
Authors' Foreword to Second Edition
The History of the North Carolina Constitution
The Constitution of 1776
The Constitution of 1868
The Constitution of 1971
The North Carolina Constitution and Commentary
Preamble
Declaration of Rights
The equality and rights of persons
Sovereignty of the people
Internal government of the State
Secession prohibited
Allegiance to the United States
Separation of powers
Suspending laws
Representation and taxation
Frequent elections
Free elections
Property qualifications
Right of assembly and petition
Religious liberty
Freedom of speech and press
Education
Ex post facto laws
Slavery and involuntary servitude
Courts shall be open
Law of the land; equal protection of the laws
General warrants
Inquiry into restraints on liberty
Modes of prosecution
Rights of accused
Right of jury trial in criminal cases
Right of jury trial in civil cases
Jury service
Bail, fines, and punishments
Imprisonment for debt
Treason against the State
Militia and the right to bear arms
Quartering of soldiers
Exclusive emoluments
Hereditary emoluments and honors
Perpetuities and monopolies
Recurrence to fundamental principles
Other rights of the people
Rights of victims of crimes
Legislative
Legislative power
Number of Senators
Senate districts; apportionment of Senators
Number of Representatives
Representative districts; apportionment of Representatives
Qualifications for Senator
Qualifications for Representative
Elections
Term of office
Vacancies
Sessions
Oath of members
President of the Senate
Other officers of the Senate
Officers of the House of Representatives
Compensation and allowances
Journals
Protests
Record votes
Powers of the General Assembly
Style of the acts
Action on bills
Revenue bills
Limitations on local, private, and special legislation
Executive
Executive power
Governor and Lieutenant Governor: election, term, and qualifications
Succession to office of Governor
Oath of office for Governor
Duties of Governor
Duties of the Lieutenant Governor
Other elective officers
Council of State
Compensation and allowances
Seal of State
Administrative departments
Judicial
Judicial power
General Court of Justice
Judicial powers of administrative agencies
Court for the Trial of Impeachments
Appellate division
Supreme Court
Court of Appeals
Retirement of Justices and Judges
Superior Courts
District Courts
Assignment of Judges
Jurisdiction of the General Court of Justice
Forms of action; rules of procedure
Waiver of jury trial
Administration
Terms of office and election of Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Superior Court
Removal of Judges, Magistrates and Clerks
District Attorney and Prosecutorial Districts
Vacancies
Revenues and expenses of the judicial department
Fees, salaries and emoluments
Qualification of Justices and Judges
Finance
No capitation tax to be levied
State and local taxation
Limitations upon the increase of State debt
Limitations upon the increase of local government debt
Acts levying taxes to state objects
Inviolability of sinking funds and retirement funds
Drawing public money
Health care facilities
Capital projects for industry
Joint ownership of generation and transmission facilities
Capital projects for agriculture
Higher Education Facilities
Seaport and airport facilities
Project development financing
Suffrage and Eligibility to Office
Who may vote
Qualifications of voter
Registration
Qualification for registration
Elections by people and General Assembly
Eligibility to elective office
Oath
Disqualifications for office
Dual office holding
Continuation in office
Local Government
General Assembly to provide for local government
Sheriffs
Merged or consolidated counties
Corporations
Corporate charters
Corporations defined
Education
Education encouraged
Uniform system of schools
School attendance
State Board of Education
Powers and duties of Board
State school fund
County school fund
Higher education
Benefits of public institutions of higher education
Escheats
Homesteads and Exemptions
Personal property exemptions
Homestead exemptions
Mechanics' and laborers' hens
Property of married women secured to them
Insurance
Punishments, Corrections, and Charities
Punishments
Death punishment
Charitable and correctional institutions and agencies
Welfare policy; board of public welfare
Military Forces
Governor is Commander in Chief
Conventions; Constitutional Amendment and Revision
Convention of the People
Power to revise or amend Constitution reserved to people
Revision or amendment by Convention of the People
Revision or amendment by legislative initiation
Miscellaneous
Seat of government
State boundaries
General laws defined
Continuity of laws; protection of office holders
Conservation of natural resources
Marriage
Bibliographical Essay
Table of Cases
Index
About the Authors

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