Government of North Carolina

Last updated
Government of North Carolina
Seal of North Carolina.svg
Great Seal of North Carolina
Polity type Presidential System
Constitution Constitution of North Carolina
Legislative branch
Name General Assembly
Type Bicameral
Meeting place North Carolina State Legislative Building
Upper house
Name Senate
Presiding officer Mark Robinson, President
Lower house
Name House of Representatives
Presiding officer Tim Moore, Speaker
Executive branch
Head of State and Government
Title Governor
Currently Roy Cooper
Appointer Election
Cabinet
Name Cabinet
LeaderGovernor
Deputy leader Lieutenant Governor
Headquarters State Capitol
Judicial branch
Name Judiciary of North Carolina
Courts Courts of North Carolina
North Carolina Supreme Court
Chief judge Paul Martin Newby
SeatLaw and Justice Building, Raleigh

The government of North Carolina is divided into three branches: executive, legislative, and judicial. These consist of the Council of State (led by the Governor), the bicameral legislature (called the General Assembly), and the state court system (headed by the North Carolina Supreme Court). The Constitution of North Carolina delineates the structure and function of the state government. [1] [2] [3]

Contents

Executive branch

North Carolina's executive branch is governed by Article III of the state constitution. The first North Carolina Constitution in 1776 called for a governor and a seven member Council of State elected by the legislature. Currently, the ten-member Council of State of North Carolina includes the following members elected by voters: [1] [2] [3] [4] [5] [6]

  1. Governor
  2. Lieutenant Governor
  3. Attorney General
  4. Secretary of State
  5. Commissioner of Agriculture
  6. Commissioner of Insurance
  7. Commissioner of Labor
  8. Superintendent of Public Instruction
  9. State Treasurer
  10. State Auditor

The Council of State as a collective body is accorded little responsibility by the state constitution, though some statues grant it authority in certain cases, particularly in the acquisition of property by the state. [7]

The Department of Agriculture Building in Raleigh NC Agriculture Dept.JPG
The Department of Agriculture Building in Raleigh

The nine North Carolina Cabinet departments, headed by department secretaries, plus the Department of Administration, are appointed by the Governor are as follows: [4]

  1. Department of Administration,
  2. Department of Commerce,
  3. Department of Natural and Cultural Resources,
  4. Department of Environmental Quality,
  5. Department of Health and Human Services,
  6. Department of Information Technology
  7. Department of Revenue,
  8. Department of Public Safety,
  9. Department of Military and Veterans Affairs, [8]
  10. Department of Transportation.

The North Carolina Register includes information about state agency rules, administrative rules, executive orders and other notices, and is published bimonthly. [9] [10] The North Carolina Administrative Code (NCAC) contains all the codified rules. [9]

Legislative branch

The North Carolina State Legislative Building in Raleigh NC Legislature.JPG
The North Carolina State Legislative Building in Raleigh

The legislature derives its authority from Article II of the North Carolina Constitution. [3] The North Carolina General Assembly is the state legislature. Like all other states except for Nebraska, the legislature is bicameral, currently consisting of the 120-member North Carolina House of Representatives [11] and the 50-member North Carolina Senate. The lieutenant governor is the ex officio president of the state Senate. The Senate also elects its own president pro tempore and the House elects its speaker. Its session laws are published in the official North Carolina Session Laws and codified as the North Carolina General Statutes . [9] [12] [13]

Judiciary

The Law and Justice Building, which houses the Supreme Court NC Supreme Court.JPG
The Law and Justice Building, which houses the Supreme Court

North Carolina's current judicial system was created in the 1960s after significant consolidation and reform. [14] The judicial system derives its authority from Article IV of the North Carolina Constitution. [15] The state court system is unified into one General Court of Justice. [16] The General Court is composed of a District Court Division, a Superior Court Division, and an Appellate Division. [17] The Administrative Office of the Courts oversees all clerical and financial aspects of the state judicial system. [16]

At the helm of the General Court of Justice and one of the two components of the Appellate Division is the Supreme Court of North Carolina. [18] The Supreme Court consists of one chief justice and six associate justices, all popularly-elected to serve eight-year terms. [19] The primary function of the tribunal is to decide questions of law that have arisen in the lower courts and before state administrative agencies, [20] and its docket is typically dominated by cases concerning interpretation of the constitution, major legal questions, and appeals of criminal cases involving capital punishment. [15] The North Carolina Court of Appeals is the state's intermediate appellate court and consists of fifteen judges who rule in rotating panels of three. Together, the Supreme Court and Court of Appeals constitute the appellate division of the court system.

The trial division includes the Superior Court and the District Court. The Superior Court is the state trial court of general jurisdiction; all felony criminal cases, civil cases involving an amount in controversy in excess of $25,000, and appeals from the District Court are tried (de novo review) in Superior Court. A jury of 12 hears the criminal cases.

The District Court is a court of limited jurisdiction. It has original jurisdiction over family law matters (divorce, child custody, child support); civil claims involving less than $25,000; criminal cases involving misdemeanors and lesser infractions; and juvenile cases involving children under the age of 16 who are delinquent and children under the age of 18 who are undisciplined, dependent, neglected, or abused. Magistrates of the District Court may accept guilty pleas for minor misdemeanors, accept guilty pleas for traffic violations, and accept waivers of trial for worthless check and other charges. In civil cases, the magistrate is authorized to try small claims involving up to $10,000 including landlord-tenant and eviction cases. Magistrates also perform civil marriages. District Court only conducts bench trials, with no jury.

Local government

Municipal Building in Asheboro, North Carolina Asheboro municipal building.jpg
Municipal Building in Asheboro, North Carolina

Overview

The General Assembly's authority to create local governments comes from Article VII of the Constitution of North Carolina. [21] Local governments in North Carolina primarily consist of counties, cities, and towns. [22] The state makes no legal distinction between a town and a city. [23] North Carolina has 100 counties and more than 552 municipalities. [24] There are also special purpose governments, most of which concern either soil and water conservation or housing and community development. [25] Some local governments are joined in regional councils with others to improve coordination and cooperation. [26]

Counties

All counties in the state are led by an elected board of commissioners who employ a county manager. [27] Boards of commissioners vary in size from three to 11 members. In addition to the manager, the commissioners usually hire the county's clerk, attorney, assessor, and tax collector. Unlike in municipal council-manager governments in the state, the board of commissioners usually must approve all of the manager's hiring decisions unless they explicitly delegate sole hiring authority to the manager. [28] County government in North Carolina is also more fractured than municipal government, due to the presence of other elected officials such as sheriffs and registers of deeds, who have control over their own staff. [29] The office of county sheriff is established by the constitution, and sheriffs are not subject to the oversight of the state government. [30] County government is largely funded through local property taxes. [31]

County governments in North Carolina include the following officials: [22]

Municipalities

North Carolina is a Dillon's rule state, [32] and municipalities are only able to exercise the authority that the General Assembly or state constitution explicitly gives them. [24] All municipalities in North Carolina operate under either mayor-council governments or council-manager government, [24] with most using the latter. [23] All have an elected general governing board known variously as a city or town council, the board of commissioners or the board of aldermen. [24] Some of these municipalities have mayors, who preside over the elected city council, which determines local government policy and creates the city budget. Most mayors are popularly elected and do not typically vote in council meetings. The council hires the city manager and, depending on the municipality, may directly hire a few other officials, such as the city attorney. In cities with a manager, the manager acts as the head executive officer of the city and is responsible for municipal employees and implementing policy. [33] Smaller municipalities are more likely to not employ a manager. [34]

See also

Related Research Articles

<span class="mw-page-title-main">Governor of North Carolina</span> Head of state and government of the U.S. state of North Carolina

The governor of North Carolina is the head of government of the U.S. state of North Carolina. Seventy-five people have held the office since its inception in 1776. The governor serves a term of four years and chairs the collective body of the state's elected executive officials, the Council of State. The governor's powers and responsibilities are prescribed by the state constitution and by law. They serve as the North Carolina's chief executive and are tasked by the constitution with faithfully carrying out the laws of the state. They are ex officio commander in chief of the North Carolina National Guard and director of the state budget. The office has extensive powers of appointment of executive branch officials, some judges, and members of boards and commissions. Governors are also empowered to grant pardons and veto legislation.

<span class="mw-page-title-main">North Carolina General Assembly</span> Legislative branch of the state government of North Carolina

The North Carolina General Assembly is the bicameral legislature of the state government of North Carolina. The legislature consists of two chambers: the Senate and the House of Representatives. The General Assembly meets in the North Carolina State Legislative Building in Raleigh.

<span class="mw-page-title-main">North Carolina Council of State</span> Collective decision-making body of the state

The North Carolina Council of State is the collective body of ten elective executive offices in the state government of North Carolina, all of which are established by the state constitution. The Council of State includes the Governor, Lieutenant Governor, Secretary of State, State Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance. Together with the North Carolina Cabinet and several independent agencies, the Council of State offices constitute the executive branch of North Carolina's state government.

<span class="mw-page-title-main">Lieutenant Governor of North Carolina</span> Second-highest elected official in the U.S. state of North Carolina

The lieutenant governor of North Carolina is the second-highest elected official in the U.S. state of North Carolina and is the only elected official to have powers in both the legislative and executive branches of state government. A member of the North Carolina Council of State, the lieutenant governor serves a four-year term with a two consecutive term limit. The current lieutenant governor is Mark Robinson, a Republican, who has held the office since 2021. The Constitution of North Carolina designates the lieutenant governor the ex officio president of the State Senate and a member of the State Board of Education. They are also required to serve as acting governor of the state in the event of the governor's absence, and assume the governorship in the event it becomes vacant.

<span class="mw-page-title-main">North Carolina State Auditor</span> Auditor of the U.S. state of North Carolina

The State Auditor of North Carolina is a statewide elected office in the U.S. state of North Carolina. The state auditor is a constitutional officer responsible for overseeing and reviewing the financial accounts of all state government agencies. The auditor also conducts performance audits of state agencies, ensures state agencies' accounting conforms with Generally Accepted Accounting Principles, evaluates the integrity of computer-generated information, and investigates the misuse of state funds or property. The incumbent is Jessica Holmes, who became state auditor on December 16, 2023.

<span class="mw-page-title-main">North Carolina Secretary of State</span> Political office in North Carolina, United States

The North Carolina Secretary of State is an elected constitutional officer in the executive branch of the government of the U.S. state of North Carolina, and is fourth in the line of succession to the office of Governor of North Carolina. The secretary maintains the official journal of the North Carolina General Assembly and is responsible for overseeing land records, chartering corporations, and administering some commercial regulations. The incumbent is Elaine Marshall, a Democrat and the first woman elected to the office.

<span class="mw-page-title-main">North Carolina State Treasurer</span> North Carolina Elected Official

The North Carolina State Treasurer is a statewide elected office in the U.S. state of North Carolina responsible for overseeing the financial operations of state government. The current state treasurer is Dale Folwell.

<span class="mw-page-title-main">North Carolina Superintendent of Public Instruction</span> U.S. state constitutional officer

The North Carolina superintendent of public instruction is an elected constitutional officer in the executive branch of the government of the U.S. state of North Carolina. As the head of the North Carolina Department of Public Instruction, the superintendent oversees the public school systems of the state. They also serve as the secretary of the North Carolina State Board of Education and are a member of the North Carolina Council of State. The incumbent is Catherine Truitt, who became superintendent on January 2, 2021.

<span class="mw-page-title-main">North Carolina Supreme Court</span> Highest court in the U.S. state of North Carolina

The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices has varied. The primary function of the Supreme Court is to decide questions of law that have arisen in the lower courts and before state administrative agencies.

<span class="mw-page-title-main">2004 North Carolina judicial elections</span>

Several judges of the North Carolina Supreme Court and the North Carolina Court of Appeals, the state's two appellate courts, were elected on November 2, 2004. The 2004 United States presidential election, 2004 United States House election, 2004 United States Senate election, 2004 North Carolina Council of State election and 2004 North Carolina General Assembly election were held on the same day.

<span class="mw-page-title-main">North Carolina Attorney General</span> Attorney general for the U.S. state of North Carolina

The attorney general of North Carolina is a statewide elected office in the U.S. state of North Carolina. The attorney general is a constitutional officer responsible for representing state agencies in legal matters, supplying other state officials and prosecutors with legal advice, and leading the North Carolina Department of Justice. The incumbent attorney general, Josh Stein, assumed office on January 1, 2017. The position of attorney general dates back to North Carolina's colonial history. North Carolina's 1776 constitution established the office as an official appointed by the North Carolina General Assembly. The state's 1868 constitution made the attorney general an elected executive official with their duties prescribed by law. Since 1971, the officer has sat on the North Carolina Council of State.

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 subjugates North Carolina law.

<span class="mw-page-title-main">North Carolina Commissioner of Agriculture</span> Head of the Department of Agriculture and Consumer Services

The Commissioner of Agriculture is a statewide elected office in the U.S. state of North Carolina. The commissioner is a constitutional officer who serves as the head of the state's Department of Agriculture and Consumer Services, which is responsible for promoting agriculture in the state. They are also a member of the Council of State. The incumbent is Steve Troxler, who has served since 2005.

<span class="mw-page-title-main">North Carolina Commissioner of Insurance</span>

The commissioner of insurance is a statewide elected office in the U.S. state of North Carolina. The commissioner is a constitutional officer who leads the state's Department of Insurance and sits on the North Carolina Council of State. The current commissioner is Mike Causey, who has held that office since January 1, 2017.

<span class="mw-page-title-main">North Carolina Commissioner of Labor</span> Elected constitutional officer in a U.S. state

The commissioner of labor is a statewide elected office in the U.S. state of North Carolina. The commissioner is a constitutional officer who leads the state's Department of Labor. North Carolina's general statues provide the commissioner with wide-ranging regulatory and enforcement powers to tend to the welfare of the state's workforce. They also sit on the North Carolina Council of State. The incumbent is Josh Dobson, who has served since January 2021.

<span class="mw-page-title-main">Government of New Jersey</span> Overview of the government of the U.S. state of New Jersey

The government of the State of New Jersey is separated into three distinct branches: legislative, executive, and judicial. The powers of the State of New Jersey are vested by the Constitution of New Jersey, enacted in 1947, in a bicameral state legislature, the Governor, and the state courts, headed the New Jersey Supreme Court. The powers and duties of these branches are further defined by acts of the state legislature, including the creation of executive departments and courts inferior to the Supreme Court.

The Superior Court is North Carolina's general jurisdiction trial court. It was established in 1777 and is North Carolina's oldest court.

The law of North Carolina consists of several levels, including constitutional, statutory, regulatory, case law, and local law.

<span class="mw-page-title-main">2020 North Carolina Council of State elections</span>

The North Carolina Council of State elections of 2020 were held on November 3, 2020, to select the ten officers of the North Carolina Council of State. These elections coincided with the presidential election, elections to the House of Representatives, elections to the Senate and elections to the North Carolina General Assembly and top state courts. Primary elections were held on March 3, 2020, for offices for which more than one candidate filed per party.

In the U.S. state of North Carolina, District Courts are tribunals inferior to the Superior Court. In criminal matters, they have jurisdiction over misdemeanor and infraction cases. In civil matters, the courts have original jurisdiction over civil disputes with an amount in controversy under $25,000, divorces, child custody disputes, and child support payments.

References

  1. 1 2 "North Carolina Constitution of 1776". Yale Law School. 1776. Retrieved September 4, 2019.
  2. 1 2 "The 1868 constitution". Learn NC. Retrieved March 5, 2017.
  3. 1 2 3 "Constitution of North Carolina, 1971". North Carolina General Assembly.
  4. 1 2 "Executive Branch". NCPedia.org. Retrieved September 11, 2019.
  5. ↑ Marshall, Ellaine F. (2001). North Carolina Manual. North Carolina Secretary of State.
  6. ↑ "Article III of the North Carolina State Constitution of 1971". 1971. Retrieved September 11, 2019.
  7. ↑ Orth, John V. (2006). "Council of State". NCPedia. North Carolina Government & Heritage Library. Retrieved August 4, 2022.
  8. ↑ "NC Governor Roy Cooper". governor.nc.gov. Retrieved 11 April 2018.
  9. 1 2 3 "N.C. State Statutes, County and Municipal Ordinances". University of North Carolina Kathrine R. Everett Law Library. Archived from the original on 13 April 2014. Retrieved 10 April 2014.
  10. ↑ "North Carolina Register". www.oah.nc.gov. Retrieved December 6, 2019.
  11. ↑ called the House of Commons until 1868 when it was change in the North Carolina Constitution
  12. ↑ "North Carolina Government". NC.GOV. Retrieved September 11, 2019.
  13. ↑ "Session Laws". ncgovdocs.org. Archived from the original on December 6, 2019. Retrieved December 6, 2019.
  14. ↑ Fleer 1994, p. 132.
  15. 1 2 "Judicial Branch". nc.gov. The State of North Carolina. Retrieved March 24, 2023.
  16. 1 2 Williams, Wiley J. (2006). "Judiciary, State". NCPedia. North Carolina Government & Heritage Library. Retrieved May 24, 2023.
  17. ↑ Orth & Newby 2013, p. 128.
  18. ↑ Orth & Newby 2013, pp. 130, 133.
  19. ↑ Orth & Newby 2013, p. 130, 138.
  20. ↑ Brinkley, Martin H. "Supreme Court of North Carolina: A Brief History". North Carolina Administrative Office of the Courts. Archived from the original on March 21, 2008. Retrieved July 16, 2008.
  21. ↑ Orth & Newby 2013, pp. 169–170.
  22. 1 2 Whittaker, Gordon (June 2012). Local Government in North Carolina (PDF) (4th ed.). Chapel Hill: UNC School of Government and the North Carolina City and County Management Association. Retrieved 18 May 2019.
  23. 1 2 Stick, David (2006). "Towns and Cities". NCPedia. North Carolina Government & Heritage Library. Retrieved August 4, 2022.
  24. 1 2 3 4 "How NC Cities Work". North Carolina League of Municipalities. Retrieved September 22, 2023.
  25. ↑ Cooper & Knotts 2012, pp. 214–215.
  26. ↑ Cooper & Knotts 2012, p. 215.
  27. ↑ Cooper & Knotts 2012, pp. 209, 213.
  28. ↑ Cooper & Knotts 2012, p. 213.
  29. ↑ Cooper & Knotts 2012, pp. 213–214.
  30. ↑ Orth & Newby 2013, p. 170.
  31. ↑ Nagem, Sarah (July 7, 2022). "Scotland County lowers property tax rate, but it's still the highest in North Carolina". Border Belt Independent. Retrieved July 20, 2022.
  32. ↑ Cooper & Knotts 2012, p. 216.
  33. ↑ Cooper & Knotts 2012, pp. 209, 211–212.
  34. ↑ Cooper & Knotts 2012, p. 209.

Works cited

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.