The
North Carolina General Assembly is the
state legislature of the
U.S. state of
North Carolina. The General Assembly makes the laws of North Carolina, also known as the
General Statutes. The General Assembly is a
bicameral legislature, consisting of the
North Carolina House of Representatives (formerly the
North Carolina House of Commons) and the
North Carolina Senate. The House has 120 members, while the Senate has 50.
[1]
Legislators in both chambers serve two-year terms. Starting with the 2002 election, each legislator represents a single-member House or Senatorial district; prior to 2002, some districts elected multiple legislators.
The General Assembly meets in the state capital of
Raleigh (except for special occasions, when legislators might decide to hold a ceremonial session in some other city). It met in the
Capitol building until 1963, when the legislature relocated to the new North Carolina State Legislative Building.
[2]
North Carolina Senate
The Senate has 50 members. Though its members represent districts that are larger than those of their colleagues in the House, its prerogatives and powers are no greater.
The President of the Senate is the
Lieutenant Governor of North Carolina, but the Lt. Governor has very limited powers and only votes to break a tie. Before the office of Lt. Governor was created in 1868, the Senate was presided over by a "Speaker." After the 1988 election of
James Carson Gardner, the first Republican Lt. Governor since
Reconstruction, Democrats in control of the Senate shifted most of the power held by the Lt. Governor to the senator who is elected
President Pro Tempore (or
Pro-Tem). The
President pro tempore appoints members to standing committees of the Senate, and holds great sway over bills.
Marc Basnight (
D-
Manteo) is the current
President pro tempore and has held the office longer than anyone in history. Based on the results of the November 2006 election, the Senate has a 31-19 Democratic majority in the 2007-2008 session, up from a 29-21 Democratic majority.
[3]
The qualifications to be a senator are found in the
state Constitution: "Each Senator, at the time of his election, shall be not less than 25 years of age, shall be a qualified voter of the State, and shall have resided in the State as a citizen for two years and in the district for which he is chosen for one year immediately preceding his election."
According to the state constitution, the Senate is also the "Court for the Trial of
Impeachments". The House of Representatives has the power to impeach state officials, after which the Senate holds a trial, as in the federal system. If the Governor or Lt. Governor is the official who has been impeached, the Chief Justice of the
North Carolina Supreme Court presides.
See also:
External links
North Carolina House of Representatives
The 120 members of the House are led by a
Speaker, who holds powers similar to those of the Senate President pro-tem.
Joe Hackney (
D-
Orange) is the current
Speaker.
In 2005-2006, the
Democratic Party held a 63-57 majority over the Republican Party in the House. Based on the results of the November 2006 election, the House has a 68-52 Democratic majority in the 2007-2008 session.
[4]
The qualifications to be a member of the House are found in the
state Constitution: "Each Representative, at the time of his election, shall be a qualified voter of the State, and shall have resided in the district for which he is chosen for one year immediately preceding his election." Elsewhere, the constitution specifies that no elected official shall be under twenty-one years of age and that no elected officials may deny the existence of God, although this provision is not enforced and violates the spirit of the "
No religious test clause" of the
United States Constitution.
See also:
External links
History
The British colony of Carolina (under the control of the “
Lords Proprietors” before becoming a royal province in 1729) had a
unicameral legislature from approximately 1666 to 1697, consisting of the
Governor, his council, and representatives of various precincts and towns, elected by male
freeholders. By 1697, this evolved into a bicameral body, with the Governor and his council as the upper house, and the House of Burgesses as the elected lower house. The House, sometimes known simply as “the Assembly,” could only meet when called by the Governor, but it was allowed to set its own rules and to elect its own Speaker. It also controlled the salary of the Governor, and withheld that salary when the Governor displeased a majority of the House. Naturally, conflicts between the Governor and the legislature were frequent. In 1774 and 1775, the people of the colony elected a
provincial Congress, independent of the royal governor, as the
American Revolution began. Most of its members were also members of what would be the last House of Burgesses.
There would be five Provincial Congresses. The fifth Congress approved the first
constitution (1776). Because of the history of distrust of the executive, the constitution firmly established the General Assembly, as it was now called, as the most powerful organ of the state. The bicameral legislature, whose members would all be elected by the people, would itself elect all the officers of the executive and judicial branches. As William S. Powell wrote in
North Carolina: A History, “The legislative branch henceforth would have the upper hand. The
governor would be the creature of the assembly, elected by it and removable by it….The governor could not take any important step without the advice and consent of the 'council of state,' and he had no voice in the appointment or removal of [council of state members].” This constitution was not submitted to a vote of the people. The Congress simply adopted it and elected
Richard Caswell, the last president of the Congress, as acting Governor until the new legislature was elected and seated.
The new General Assembly, which first convened in April 1777, consisted of a Senate, which had one member from each county (regardless of population), and a House of Commons, which had two members representing each county, plus one each from certain towns. Only land-owning (100 acres for the House of Commons,
300 acres (0 km) for the Senate),
Protestant men could serve.
In 1835, the constitution was amended to make the Governor elected by the people, but the legislature still elected all other officials. Amendments also set the number of senators at 50 and the number of commoners at 120. Senators would now be elected by districts representing approximately equal numbers of citizens, rather than by counties. Members of the House were still elected by county, but more populous counties were entitled to more representatives.
In 1868, a new
constitution changed the name of the House of Commons to the House of Representatives. It also established the office of Lieutenant Governor. Previously, the Speaker of the Senate was the constitutional successor to the Governor in case of death or resignation. Property qualifications for holding office were also abolished. Finally, the power to elect executive officers and judges was taken from legislators and given to the people.
Starting in 1966 (in the wake of
Reynolds v. Sims), members of the House of Representatives were elected from districts, much as senators already were. This left some counties without a resident member of the legislature for the first time in state history.
In 1868,
African Americans were first elected to the General Assembly (fifteen representatives and two senators). But after Democrats consolidated power in the late 1890s, no African Americans were elected until
Henry Frye (a Democrat) in 1968.
Lillian Exum Clement became the first female member of the General Assembly in 1921.
[5]
Sessions
The General Assembly meets in regular session (or the "long session") beginning in January of each odd-numbered year, and adjourns to reconvene the following even-numbered year for what is called the "Short Session," though there is no limit on the length of any session.<ref name="official site" />
Occasionally, in the case of a special need, the Governor may call a Special Session of the General Assembly after they have adjourned for the year.
According to the state-published 2002 North Carolina Manual (
no longer available online), "Prior to 1957, the General Assembly convened in January at a time fixed by the Constitution of North Carolina. From 1957 through 1967, sessions convened in February at a time fixed by the Constitution. The 1969 General Assembly was the first to convene on a date fixed by law after elimination of the constitutionally fixed date. The assembly now convenes on the third Wednesday after the second Monday in January after the November election."
Elections
Elections for all seats in both houses are held in each even-numbered year. If a seat should become vacant between elections, there are no
by-elections or
special elections. Rather, the local leaders of the political party of the person who vacated the seat nominate a replacement, to serve until the next election. The Governor, ordinarily, accepts the nomination, and appoints that person.
Note that until 1982, a legislator's term in office was said to begin immediately upon his or her election. Since then, however, terms begin on January 1 after a legislator's election.
External links
References
Colby Scherer In the United States of America, a state legislature is a generic term referring to the legislative body of any of the country's 50 states. The formal name varies from state to state.
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United States of America
This article is part of the series:
Politics and government of
the United States
Federal government
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President Vice President
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..... Click the link for more information. The State of North Carolina
Flag of North Carolina Seal
Nickname(s): Tar Heel State; Old North State;
The Rip Van Winkle State
''Motto(s): Esse quam videri (Latin: To be, rather than to seem)''
Official language(s)
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bicameralism (bi + Latin camera, chamber) is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses.
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The North Carolina House of Representatives is one of the two houses of the North Carolina General Assembly. The House is a 120 member body led by a Speaker of the House, who holds powers similar to those of the President pro-tem in the state senate.
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The North Carolina Senate is one of two houses of the North Carolina General Assembly.
Its prerogatives and powers are similar to those of the other house, the House of Representatives.
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Raleigh, North Carolina
Flag
Seal
Nickname: City of Oaks
Motto: You Can See the Whole State from Here
Map of Wake County, North Carolina
Coordinates:
Country
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Location: Raleigh
Built/Founded: 1840
Added to NRHP: February 26, 1970
The North Carolina State Capitol is the capitol building of the U.S. state of North Carolina.
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The North Carolina Senate is one of two houses of the North Carolina General Assembly.
Its prerogatives and powers are similar to those of the other house, the House of Representatives.
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The Lieutenant Governor of North Carolina is the second highest elected official in the U.S. state of North Carolina. The current Lieutenant Governor is Beverly Eaves Perdue.
The office of Lieutenant Governor was created by the North Carolina Constitution of 1868.
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James Carson 'Jim' Gardner is a North Carolina businessman and politician who served as a U.S. Representative (1967-1969) and as Lieutenant Governor of North Carolina (1989-1993). He was an unsuccessful candidate for Governor of North Carolina in 1968, 1972, and 1992.
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Reconstruction was the attempt from 1863 to 1877 in U.S. history to resolve the issues of the American Civil War, when both the Confederacy and slavery were destroyed. Reconstruction addressed the return to the Union of the secessionist Southern states, the status of the leaders of
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Pro tempore or pro tem is a Latin phrase which best translates to "for the time being" in English. This phrase is often used to describe a person who acts as a locum tenens
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The President Pro Tempore (more commonly, "Pro-Tem") of the North Carolina Senate is the highest-ranking (internally elected) officer of one house of the North Carolina General Assembly.
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Marc Basnight (born May 13, 1947) is a Democratic member of the North Carolina General Assembly representing the state's first Senate district, including constituents in Beaufort, Camden, Currituck, Dare, Hyde, Pasquotank, Tyrrell, and Washington counties.
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United States of America
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Politics and government of
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Federal government
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President Vice President
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..... Click the link for more information. Manteo, North Carolina
Seal
Motto:
Location of Manteo, North Carolina
Coordinates:
Country United States
State North Carolina
County Dare
Area
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The North Carolina Constitution governs the structure and function of the North Carolina state government. The constitution is the highest legal document for the state of North Carolina and subjugates North Carolina law.
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impeachment is the first of two stages in a specific process for a legislative body to remove a government official without that official's agreement. The second stage is called conviction.
Impeachment is so rare that the term is often misunderstood.
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The Supreme Court of North Carolina is the state's highest appellate court. The court consists of six associate justices and one chief justice, although the number of justices has varied from time to time.
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The President Pro Tempore (more commonly, "Pro-Tem") of the North Carolina Senate is the highest-ranking (internally elected) officer of one house of the North Carolina General Assembly.
..... Click the link for more information.
The North Carolina House of Representatives is one of the two houses of the North Carolina General Assembly. The House is a 120 member body led by a Speaker of the House, who holds powers similar to those of the President pro-tem in the state senate.
..... Click the link for more information.
The Speaker of the North Carolina House of Representatives is the presiding officer of one of the houses of the North Carolina General Assembly. The Speaker is elected by the members of the house when they convene for their regular session in January of each odd-numbered year.
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Joe Hackney (born September 23, 1945 in Chatham County, NC) is a Democratic member of the North Carolina General Assembly representing the state's fifty-fourth House district, including constituents in Chatham, Orange, and Moore counties.
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United States of America
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Politics and government of
the United States
Federal government
Constitution
Taxation
President Vice President
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Congress
Senate
..... Click the link for more information. Orange County is a county located in the U.S. state of North Carolina. As of 2000, the population was 118,227. Its county seat is Hillsborough6. It is home to the University of North Carolina at Chapel Hill, the flagship institution of the University of North
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The Speaker of the North Carolina House of Representatives is the presiding officer of one of the houses of the North Carolina General Assembly. The Speaker is elected by the members of the house when they convene for their regular session in January of each odd-numbered year.
..... Click the link for more information.
United States of America
This article is part of the series:
Politics and government of
the United States
Federal government
Constitution
Taxation
President Vice President
Cabinet
Congress
Senate
..... Click the link for more information. The North Carolina Constitution governs the structure and function of the North Carolina state government. The constitution is the highest legal document for the state of North Carolina and subjugates North Carolina law.
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The "no religious test" clause of the United States Constitution is found in Article VI, section 3, and states that:
...no religious test shall ever be required as a qualification to any office or public trust under the United States.
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