Read Article VI Heres one state Constitution: North Carolina Ratified in 1789, the current North Carolina Constitution contains a Preamble and 14 articles. Each of the articles covers a different area, with the last article including all miscellaneous topics. Each article is further divided into sections. This constitution incorporates amendments into the document, unlike the United States Constitution which only appends amendments. Preamble 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 and the existence of our civil, political and religious liberties, and acknowledging 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 this Constitution.[4] Article I – Declaration of Rights Each of the 37 sections of Article I outline a separate recognized right. Many of the sections give more depth to the rights covered by the Bill of Rights. The state constitution also secures additional rights, for example the right to a public education and to open courts. Also of note, this section specifically denies the state the ability to secede from the United States and declares that each citizen of this State owes paramount allegiance to the Constitution and government of the United States. Section 37, added in 1995, is the newest addition to this article. This section declares the rights of victims of crime.[4] Article II – Legislative Article II declares that all legislative powers in North Carolina are given to the General Assembly. The General Assembly consists of a Senate and a House of Representatives, with 50 and 120 members, respectively. Guidelines for the formation of voting districts and qualification for office are also covered. Each house has a term of three years. This article also gives the governor the power to veto legislation in some circumstances. Veto power was denied the governor until 1996 when the constitution was amended. North Carolina was the last state to extend this power to its governor.[4] Article III – Executive The governor is vested with all executive authority in Article III. The duties of the governor are defined as is the process of succession, should the governor die or become incapacitated. Holders of the governor office are limited to two consecutive terms. The Council of State, a cabinet-like body, is filled with eight popularly elected officials, in addition to the governor and lieutenant governor. This article also defines and mandates a balanced budget.[4] Article IV – Judicial Article IV defines the make-up the judicial branch of the state and prohibits the legislature from inhibiting its function. Similar to the federal government, the power to impeach state officials and judges, in the cross-hairs,are given to the state House of Representatives. The Senate can remove a person from office with a 2/3 majority vote after an impeachment. This article also deals with the necessary qualifications of a judge and confers the power of judicial review with the state’s Supreme Court.[4] Article V – Finance Article V gives the state government the right to tax its citizens unlimitedly under certain guidelines. It authorizes a 10% income tax and also limits the ability to issue public bonds.[4] Article VI – Suffrage and Eligibility to Office Article VI provides every person who is at least 18 years, an American Citizen, and living within North Carolina the right to vote.[4] This right is denied to felons and people illiterate in English. This article also sets the eligibility to hold office. To hold an elected state office a person cannot fall in any of the following categories: Younger than 21 years of age Denies the existence of God (see Infeasible Provisions) A person who is not qualified to vote in an election for that office Felon (See felony disenfranchisement) Already holds a state or federal office. Article VII – Local Government Article VII gives the general assembly the power to define the boundaries of governmental subdivisions (counties, towns, cities). It limits the distance of newly incorporated town or cities from established cities based on the established citys population. The office of sheriff is provided for each county.[4] Article VIII – Corporations Article VIII defines corporations. It also gives the General Assembly the right to create and regulate corporations.[4] Article IX – Education Article IX makes public education compulsory for all able-bodied children, unless educated by other means. The North Carolina State Board of Education is defined here and given the power to regulate all free public education in the state. This article demands that the General Assembly establish a system of higher education and states that higher education should be free, as far as practicable.[4] Article X – Homesteads and Exemptions Article X prevents the forced sale of a persons primary residence to pay for a debt, unless the house was specifically used as collateral for a loan. Females are also able to maintain full ownership of all property they own when they marry, under this article. Also, life insurance policies that are paid to a spouse or child are exempt from claims of debt from the estate of the deceased.[4] Article XI – Punishments, Corrections, and Charities Article XI describes the only punishment methods to be used by the state. It specifically only allows the death penalty in cases of murder, arson, burglary, and rape. This article gives the responsibility of the public welfare to the General Assembly.[4] Article XII – Military Forces This short article states: The Governor shall be Commander in Chief of the military forces of the State and may call out those forces to execute the law, suppress riots and insurrections, and repel invasion.[4] Article XIII – Conventions; Constitutional Amendment and Revision Article XIII describes the two ways the constitution may be amended: by popular convention or through legislation. Legislation is the most common way to amend the constitution. The last time the constitution was amended by convention was in 1875. In a legislative action, an amendment must pass by three-fifths in both houses of the General Assembly and also obtain a majority of a popular vote.[4] Article XIV – Miscellaneous The final article of the constitution covers topics not under other articles.[4] Topics of sections in this article include: Setting Raleigh as the capital. Makes permanent the current state border. Demanding the General Assembly uniformly apply laws to the state. Gives any law that was legally enacted before this constitution the ability to remain in effect unless the law conflicts with the constitution. Provides the General Assembly the ability to conserve natural resources by the creation of parks and the enactment of laws. Section 6 provides that marriage is to be defined as between one man and one woman.[5] My point is Article VI
Posted on: Thu, 27 Mar 2014 18:53:32 +0000
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