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North Carolina General Assembly

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 Legislative Building in Raleigh, North Carolina.[1]

North Carolina General Assembly
Seal of the North Carolina General Assembly
Type
Type
HousesSenate
House of Representatives
History
FoundedNovember 17, 1775
(248 years ago)
 (1775-11-17)
Leadership
Mark Robinson (R)
since January 9, 2021
Phil Berger (R)
since January 26, 2011
Tim Moore (R)
since January 15, 2015
Structure
Seats170 voting members
  • 50 senators
  • 120 representatives
Senate political groups
  •   Republican (30)
  •   Democratic (20)
House of Representatives political groups
Elections
Last general election
November 8, 2022
Next general election
November 5, 2024
Meeting place
North Carolina Legislative Building
Raleigh, North Carolina, United States
Website
www.ncleg.gov

The General Assembly drafts and legislates the state 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 called the North Carolina House of Commons until 1868) and the North Carolina Senate. Since 1868, the House has had 120 members, while the Senate has had 50 members.[2] There are no term limits for either chamber.

Both chambers have two-year terms and are currently controlled by the Republican Party, by three-fifths majority necessary to override vetoes.

History edit

Colonial period edit

The North Carolina legislature traces its roots to the first assembly for the "County of Albemarle", which was convened in 1665 by Governor William Drummond.[3][4] Albemarle County was the portion of the British colony of Carolina (under the control of the "Lords Proprietors" before becoming a royal province in 1729) that would eventually become North Carolina.[5]

From approximately 1666 to 1697, the governor, his council, and representatives of various precincts and towns, elected by male freeholders, sat together as a unicameral legislature. 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. The House 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.

 
The Governor's Palace in New Bern is where the provincial era General Assembly met from 1770 until 1775.

According to one early compilation of the "Laws of North Carolina",[6] the first "General Biennial Assembly" was held "at the House of Capt. Richard Sanderson, at Little-River begun on the 17th day of November, 1715 and continued by several Adjournments, until the 19th Day of January, 1715 [sic]".[7]

Revolution and early statehood edit

 
North Carolina State House 1794–1810
 
North Carolina State House 1811–1831

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 in 1776.

With the signing of the United States Declaration of Independence, the United States became an independent nation with different legislatures in each colony. Because of the history of distrust of the executive, the North Carolina constitution firmly established the General Assembly, as it was now called, as the most powerful branch of the state government. 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.[8][9] The constitution provided for more rights for freedmen and free men of color. The 9th Amendment on the 1776 constitution states, "That no freeman shall be convicted of any crime, but by the unanimous verdict of a jury of good lawful men, in open court, as heretofore used."[9][10] Free men of color with sufficient property were allowed to vote.

The first North Carolina General Assembly was convened on April 7, 1777, in New Bern, North Carolina. It consisted of Senate with one member from each county of 38 existing counties and one district (Washington District which later became part of the Southwest Territory and then Tennessee) and a House of Commons with two members representing each of the existing 38 counties, plus one member from each of the large towns/districts (Edenton, Halifax, Hillsborough, New Bern, Salisbury, and Wilmington Districts). Districts continued to be represented in the Senate until 1835. Only land-owning (100 acres (0.4 km2) for the House of Commons and 300 acres (1.2 km2) for the Senate), Protestant men could serve.[9]

The first 18 General Assemblies met in various locations, including New Bern, Hillsboro, Halifax, Smithfield, and Wake Court House, Fayetteville. It was not until 1794 that the General Assembly met in the new state capital, Raleigh where it has met ever since.[11]

Following Nat Turner's slave rebellion of 1831, the state legislature restricted many of the rights the 1776 Constitution provided for black people, making it illegal to teach a slave how to read or write. They also narrowed rights of free people of color, rescinding their franchise and the right to bear arms, and forbidding them from attending school or learning to read and write, as well as forbidding them from preaching in public.[12][9]

 
North Carolina Capitol, home to the General Assembly from 1840 until 1963

The Constitutional Convention of 1835 retained the 1776 Constitution, but made several amendments to it. Going forward, the governor would be elected by the people, but the legislature elected all other officials, including US Senators. Amendments set the number of senators at 50 and the number of commoners (representatives to the House) at 120. Senators were to be elected from districts representing approximately equal numbers of citizens, rather than by geographic counties. Members of the House were still elected by county, but more populous counties were entitled to more representatives.

The North Carolina General Assembly met from 1861 to 1865 as part of the Confederate States of America.

Reconstruction Era edit

In 1868, a new constitution was passed by the Reconstruction era legislature, a biracial body dominated by Republicans. It changed the name of the House of Commons to the House of Representatives. It 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 abolished in order to enlarge opportunity. Finally, the legislature made executive officers and judges subject to popular election rather than appointment by the legislature.

African-American men were first elected to the state legislature in 1868, including Henry Epps, Abraham H. Galloway, and John A. Hyman in the Senate and Parker D. Robbins, Wilson Cary Nicholas, B. W. Morris, A. W. Stevens, John S. Leary, Isham Sweat, Henry C. Cherry, John H. Williamson, A.A. Crawford, Cuffie Mayo, W. T. J. Hayes, Ivey Hutchings, John S. W. Eagles, George W. Price, Thomas A. Sykes, James H. Harris, William Cawthorn, and Richard Falkner in the House. Despite efforts by Red Shirts and other white Democratic paramilitary groups to disrupt Republican meetings and suppress black voting in order to ensure the Democratic takeover, some African Americans continued to be elected in the 19th century, especially to local offices. But shortly before the turn of the century, the Democrats regained control of the state legislature (after a biracial coalition between Republicans and Populists had briefly held power) and passed laws to create barriers to voter registration through poll taxes, literacy tests and other devices.[13][14][15][16][17]

Applied subjectively by white administrators, these methods effectively disenfranchised most blacks in the state. Black voters were eliminated by 1904. An estimated 75,000 black male citizens lost the vote.[18][19] African Americans were closed out of politics in North Carolina for decades, with most not regaining the ability to vote until after passage of the Voting Rights Act of 1965, and federal overview and enforcement.

20th century edit

Lillian Exum Clement became the first female member of the General Assembly in 1921.[20]

As was the case in other states where rural legislators hung on to power despite changes in state demographics, North Carolina eventually had to redefine its method of electing house members and to reapportion congressional seats, which was supposed to be done after every decennial census. At a time of civil rights legislation to end segregation (Civil Rights Act of 1964) and enforce the constitutional right to vote for African Americans and other ethnic groups (Voting Rights Act of 1965), the US Supreme Court made rulings that resulted in corrections to state legislature representation and apportionment in several states.

In February 1963, the General Assembly began meeting in the North Carolina State Legislative Building.[21]

Starting in 1966 (in the wake of Reynolds v. Sims, a US Supreme Court case establishing the principle of one man, one vote), members of the North Carolina State House were required to be elected from districts defined on the basis of roughly equal population, rather than from geographic counties. The county basis had resulted in a longstanding rural bias in the legislature. The new urban populations, including minorities and immigrants, were historically underrepresented in terms of legislative seats and funding, although the state's demographics and population had become increasingly urbanized. The court's ruling required changes also in other states with similar practices. The changes allowed full representation for the first time from some urban and more densely settled areas. It also meant that counties with low populations lost the chance to elect a resident member to the legislature.

Recent history edit

In 2001, the North Carolina Supreme Court ruled that multi-member legislative districts were unconstitutional.[22]

Membership edit

The General Assembly has 170 elected members, with 120 members of the North Carolina House of Representatives and 50 members of the North Carolina Senate.[23] Each represents a district.[2] Each house has the sole power to judge the election and qualification of its own respective members.[24] Legislators' are elected biennially in even-numbered years. Their terms of office begin at the start of the January following the year of their election.[25] All legislators swear a state constitutionally-prescribed oath of office.[26] In the event of the vacancy of a seat, the governor is constitutionally obligated to appoint a person nominated by the previous incumbent's political party's respective district executive committee to fill the seat.[27]

The assembly is styled after the citizen legislature model, with legislating considered a part-time job.[28][29][30] Members receive a base salary of $13,951 per year,[31] supplemented by per-diem payments and travel reimbursements.[32] Increases in legislative pay adopted by the assembly cannot take effect until after a succeeding election.[33]

Structure and process edit

Each house of the legislature has eight leadership roles. The Senate's leadership is made up of the president of the Senate, president pro tempore, majority leader, majority whip, majority caucus chair, minority leader, minority whip, and minority caucus chair.[34] Per the constitution, the office of president of the Senate is held ex officio by the lieutenant governor.[35] In this capacity they direct the debate on bills and maintain order in that house,[36][37] but have little influence over its workflow.[38] They cannot cast a vote in the Senate except to break ties.[39] The president pro tempore is elected by the full Senate. They appoint the body's committees. All other leadership positions filled by the decision of party caucuses.[34]

The leadership of House of Representatives is analogous to that in the Senate, except that in place of a president and president pro tempore, the body is led by a speaker and speaker pro tempore. The speaker is in charge of appointing the body's committees. Both officers are elected by the full house from among its members, with the rest determined by party caucuses.[34][a] In the event of an even political divide in the House, co-speakers may be elected in lieu of a single speaker.[41]

Standing committees in each house consider introduced legislation, hold hearings, and offer amendments.[41] All bills are examined by a body's respective rules committee before being brought before a full house for a vote.[42]

Powers edit

The constitution of North Carolina vests the state's legislative power in the General Assembly;[43] the General Assembly writes state laws/statutes.[24][2] Legislation in North Carolina can either be in the form of general laws or special/local laws. General laws apply to the entire state, while local laws apply only to specific counties or municipalities.[44][b] The constitution requires that all effective laws be styled "The General Assembly of North Carolina enacts:", with only the words following that phrase being legally operative.[24] The legally valid language of each passed bill is punctuated by the ratification certificate, consisting of the obligatory signatures of the presiding officers of each house.[46] The assembly has the power to levy taxes[47] and adopts the state budget.[48] The constitution enumerates unique procedure for the passing of revenue legislation; all revenue bills must be read three times with each reading occurring on a different day, journal records of votes must include the name of each legislator and how they voted, and all revenue bills must appropriate money for a specific purpose.[49] The legislative power of the assembly must be exercised by the whole body and not devolved upon a portion of the whole, and actions taken during one session of the assembly can be undone by a succeeding session.[50] The governor signs bills passed by the General Assembly of which they approve into law and are empowered to veto bills of which they disapprove.[51] A veto can be overridden by a three-fifths majority vote of the assembly.[52] Local bills and congressional and legislative reapportionment decisions are not subject to gubernatorial veto. Aside from regular legislation, the two houses of the General Assembly can also issue joint resolutions which are not subject to veto.[53]

The assembly wields oversight authority over the state's administrative bureaucracy.[54] It can alter gubernatorial executive orders concerning the organization of state agencies by joint resolution.[53] Its Joint Legislative Commission on Governmental Operations has the authority to seize state agency documents and inspect facilities of agencies and contractors with the state.[55] All legislative committees are empowered to subpoena the testimony of witnesses and documents.[56][57] The constitution allows for the General Assembly to provide for the filling of executive offices not already provided for in the constitution.[58] The body is also empowered to resolve contested elections for state executive officers by joint ballot.[24] Its advice and consent is required for the installation of some state agency heads. The assembly can also influence the bureaucracy through its power to create for dissolve agencies or countermand administrative rules by writing laws and by its decisions in appropriations.[54] The constitution empowers the House of Representatives to impeach elected state officials by simple majority vote. In the event an official is impeached, the Senate holds a trial, and can convict an official by two-thirds majority vote and remove them from office.[59] The General Assembly can also, by a two-thirds majority vote, determine the governor or a judge mentally or physically incapable of serving.[53]

The General Assembly has the sole power to propose amendments to the state constitution.[60] If a proposed amendment receives the support of three-fifths of the House and the Senate, it is scheduled for ratification by a statewide referendum. State constitutional amendments and state legislative votes on the ratification of federal constitutional amendments are not subject to gubernatorial veto.[61][53]

Sessions edit

The General Assembly's sessions are convened according to standards prescribed by the state constitution and state statute.[62] 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, the "long session" typically lasts for 6 months, and the "short session" typically lasts for 6 weeks.[2] The governor may call the General Assembly into extraordinary session after consulting the Council of State and is required to convene the assembly in specific circumstances to review vetoed legislation.[63] A majority of the Council of State can call the legislature into session to consider the governor's mental capacity to serve.[64]

A basic majority of the members of a house constitute a quorum to do business.[62] When in session, both Houses of the legislature typically meet on Monday evenings and in the middle of the day on Tuesdays, Wednesdays, and Thursdays. Legislative committees usually convene in the mornings and late afternoons.[2] Both houses are empowered to temporarily adjourn for three days or less at their own discretion.[24] The proceedings of each house are constitutionally-required to be reported in official journals and published at the end of each session.[33] The records of individual lawmakers are not subject to the state's public records law.[65]

Administration and support agencies edit

 
North Carolina Legislative Office Building in Raleigh

Administrative support of the General Assembly is overseen by the Legislative Services Commission, a panel comprising five members of each house.[2] As of October 2023, the assembly relies on over 600 support staff who work in the Legislative Building and the Legislative Office Building.[66] Every legislator is assigned at least one legislative assistant or clerk, who manage legislators' schedules, manage communications with constituents, and offer advice on policy issues. Some legislators employ additional staff.[67] The General Assembly's members and facilities are guarded by the North Carolina General Assembly Police.[68]

See also edit

Notes edit

  1. ^ The selection of a speaker from among the House's members is not strictly constitutionally required, but thus far has been the case.[40]
  2. ^ State jurisprudence is not exact on the delineation between and general and local legislation, though since 1987 state courts have judged whether a law affects "general public interests and concerns" to determine its status.[45]

References edit

  1. ^ . NC Department of Cultural Resources. Archived from the original on April 18, 2008. Retrieved August 4, 2006.
  2. ^ a b c d e f "Structure of the North Carolina General Assembly". Official North Carolina General Assembly Website. Retrieved November 19, 2019.
  3. ^ "Marker: A-13, First Assembly in Albemarle County". Ncmarkers.com. Retrieved November 10, 2019.
  4. ^ Powell, William S., ed. (1958). Ye Countie of Albemarle in Carolina: A Collection of Documents, 1664-1675.
  5. ^ Baxley, Laura Young Baxley; Powell, William S. (2006). "Albemarle County". Retrieved November 19, 2019.
  6. ^ (Iredell 1791)
  7. ^ (Iredell 1791, p. 9). All marginal referenced to year of enactment of various chapters reference 1715, therefore the obvious error in the year maybe presumed to be the year of adjournment rather than the year the session convened.
  8. ^ William S. Powell (1988). North Carolina: A History. University of North Carolina Press.
  9. ^ a b c d "North Carolina Constitution of 1776". Yale Law School. 1776. Retrieved September 4, 2019.
  10. ^ "9th Amendment to the 1776 North Carolina Constitutions".
  11. ^ Connor, R.D.D. (1913). A Manual of North Carolina (PDF). Raleigh: North Carolina Historical Commission. p. 453–. Retrieved April 27, 2019.
  12. ^ . Archived from the original on October 26, 2014. Retrieved November 18, 2014.
  13. ^ Kousser, J. Morgan (1974). The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910. Yale Historical Publications. p. 104.
  14. ^ "North Carolina History Project "Fusion Politics". northcarolinahistory.org.
  15. ^ . lib.unc.edu. Archived from the original on April 27, 2009. Retrieved May 17, 2016.
  16. ^ Lewis, J.D. "North Carolina House of Representatives, 1868". carolana.com. Retrieved November 21, 2019.
  17. ^ Lewis, J.D. "North Carolina State Senate, 1868". carolana.com. Retrieved November 21, 2019.
  18. ^ Shaw, Albert, ed. (July–December 1900). "The American Monthly Review of Reviews". Review of Reviews. XXII: 274.
  19. ^ Richard H. Pildes, "Democracy, Anti-Democracy, and the Canon", Constitutional Commentary, Vol. 17, 2000, pp. 12-13
  20. ^ "First Step". Our State. April 28, 2011. Retrieved November 12, 2023.
  21. ^ Norris, David A. (2006). "General Assembly". NCPedia. North Carolina Government & Heritage Library. Retrieved November 9, 2023.
  22. ^ Bitzer 2021, pp. 84–85.
  23. ^ Fain, Travis (January 27, 2023). "Bills filed, votes to come. Here's how your NC General Assembly works". WRAL-TV. Capitol Broadcasting Company. Retrieved November 11, 2023.
  24. ^ a b c d e Orth & Newby 2013, p. 104.
  25. ^ Orth & Newby 2013, pp. 96–97, 99.
  26. ^ Orth & Newby 2013, pp. 101, 165.
  27. ^ Orth & Newby 2013, p. 100.
  28. ^ Osborne, Molly (July 28, 2023). "Does North Carolina have a full-time legislature?". North Carolina Center for Public Policy Research. Retrieved November 12, 2023.
  29. ^ Vitaglione, Grace (September 20, 2023). "NC politics still a tough play for millennials and Gen Z". Carolina Public Press. Retrieved November 12, 2023.
  30. ^ Murphy, Brian (March 12, 2022). "NC lawmakers set record with long session. None like it, but what's the solution?". The News & Observer. Retrieved November 12, 2023.
  31. ^ Norcross, Jack (May 18, 2022). "North Carolina legislators among lowest paid in the US". WCNC Charlotte. WCNC-TV. Retrieved November 12, 2023.
  32. ^ Vaughan, Dawn Baumgartner (February 14, 2023). "How do NC lawmakers compare to the rest of the state's population? What the data shows". The News & Observer. Retrieved November 12, 2023.
  33. ^ a b Orth & Newby 2013, p. 103.
  34. ^ a b c Cooper & Knotts 2012, p. 163.
  35. ^ Orth & Newby 2013, p. 122.
  36. ^ North Carolina Manual 2011, p. 159.
  37. ^ "Lieutenant Governor". North Carolina General Assembly. Retrieved August 22, 2022.
  38. ^ "Lt. Gov. Dan Forest". WRAL. Capitol Broadcasting Company. January 9, 2013. Retrieved August 27, 2022.
  39. ^ Orth & Newby 2013, pp. 99, 122.
  40. ^ Orth & Newby 2013, p. 102.
  41. ^ a b "Legislative Branch". NCPedia. North Carolina Government & Heritage Library. Retrieved November 29, 2023.
  42. ^ Vaughan, Dawn Baumgartner (January 20, 2023). "These are the most powerful people deciding what bills become law in North Carolina". The News & Observer. Retrieved November 19, 2023.
  43. ^ Orth & Newby 2013, pp. 95–96.
  44. ^ Lawrence, David M. (2007). "The County as a Body Politic and Corporate". NCPedia. North Carolina Government & Heritage Library. Retrieved November 19, 2023.
  45. ^ Orth & Newby 2013, p. 111.
  46. ^ Orth & Newby 2013, pp. 106–107.
  47. ^ Orth & Newby 2013, p. 55.
  48. ^ Orth & Newby 2013, p. 118.
  49. ^ Orth & Newby 2013, pp. 104, 108–109.
  50. ^ Orth & Newby 2013, p. 96.
  51. ^ Orth & Newby 2013, pp. 101, 104–105.
  52. ^ Cooper & Knotts 2012, p. 142.
  53. ^ a b c d Orth & Newby 2013, p. 107.
  54. ^ a b Cooper & Knotts 2012, p. 170.
  55. ^ Fain, Travis (November 10, 2023). "State agencies' plan for legislature's new investigation powers: Ask a lawyer". WRAL-TV. Capitol Broadcasting Company. Retrieved November 20, 2023.
  56. ^ Fain, Travis (February 20, 2018). "General Assembly leaders hint at subpoena over pipeline fund". WRAL-TV. Capitol Broadcasting Company. Retrieved November 20, 2023.
  57. ^ Broughton, Melissa (February 24, 2017). "As senators subpoena Cooper cabinet pick, experts weigh legal options, potential outcomes". NC Newsline. Retrieved November 20, 2023.
  58. ^ Orth & Newby 2013, pp. 117, 122.
  59. ^ Sáenz, Hunter (February 11, 2021). "VERIFY: Is there an impeachment process in North Carolina?". WCNC Charlotte. WCNC-TV. Retrieved November 14, 2023.
  60. ^ Doyle, Steve (August 9, 2023). "Could North Carolina voters change the process for adopting constitutional amendments? Check out the various practices". Fox 8 WGHP. Nexstar Media Group. Retrieved November 20, 2023.
  61. ^ Anderson, Bryan (March 16, 2023). "Cooper's Veto Predicament". The Assembly. Retrieved March 16, 2023.
  62. ^ a b "When is the General Assembly in Session?". North Carolina General Assembly. Retrieved November 6, 2023.
  63. ^ Orth & Newby 2013, pp. 120–121.
  64. ^ Orth & Newby 2013, pp. 101, 125.
  65. ^ Vaughan, Dawn Baumgartner (October 16, 2023). "How 'a couple of very powerful individuals' gave themselves more power in NC budget". The News & Observer. Retrieved November 19, 2023.
  66. ^ Vaughan, Dawn Baumgartner; Raynor, David (October 27, 2023). "How much do NC General Assembly employees make? What raises did they get? See the data". The News & Observer. Retrieved November 12, 2023.
  67. ^ Lu, Jazper (July 27, 2023). "Are NC legislators allowed to date staff members? Here's what their rules say". The News & Observer. Retrieved November 12, 2023.
  68. ^ McDonald, Thomasi (September 12, 2017). "Why is there a special police car parked each day in front of the General Assembly?". The News & Observer. Retrieved November 12, 2023.

Works cited edit

  • Iredell, James (1791), Laws of the State of North Carolina, Edenton: Hodge & Wills
  • Bitzer, J. Michael (2021). Redistricting and Gerrymandering in North Carolina: Battlelines in the Tar Heel State. Springer Nature. ISBN 9783030807474.
  • Cheney, John L. Jr. (1974). North Carolina Government, 1585-1974.
  • Cooper, Christopher A.; Knotts, H. Gibbs, eds. (2012). The New Politics of North Carolina. Chapel Hill: University of North Carolina Press. ISBN 978-1-4696-0658-3.
  • Congress (1776). Minutes of the Provincial Congress of North Carolina, North Carolina. Provincial Congress, November 12, 1776 - December 23. Vol. 10. pp. 913–1003.
  • Lewis, J. D. "Legislative Documents of the North Carolina General Assemblies, 1777-2018". carolana.com. Retrieved November 19, 2019.
  • North Carolina Manual (PDF). Raleigh: North Carolina Department of the Secretary of State. 2011. OCLC 2623953.
  • Orth, John V.; Newby, Paul M. (2013). The North Carolina State Constitution (second ed.). Oxford University Press. ISBN 978-0-19-930065-5.

External links edit

35°46′59.53″N 78°38′20.24″W / 35.7832028°N 78.6389556°W / 35.7832028; -78.6389556

north, carolina, general, assembly, building, north, carolina, state, legislative, building, bicameral, legislature, state, government, north, carolina, legislature, consists, chambers, senate, house, representatives, general, assembly, meets, north, carolina,. For the building see North Carolina State Legislative Building 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 Legislative Building in Raleigh North Carolina 1 North Carolina General AssemblySeal of the North Carolina General AssemblyTypeTypeBicameralHousesSenateHouse of RepresentativesHistoryFoundedNovember 17 1775 248 years ago 1775 11 17 LeadershipPresident of the Senate amp Lieutenant GovernorMark Robinson R since January 9 2021President pro tempore of the SenatePhil Berger R since January 26 2011Speaker of the House of RepresentativesTim Moore R since January 15 2015StructureSeats170 voting members50 senators 120 representativesSenate political groups Republican 30 Democratic 20 House of Representatives political groups Republican 72 Democratic 48 ElectionsLast general electionNovember 8 2022Next general electionNovember 5 2024Meeting placeNorth Carolina Legislative BuildingRaleigh North Carolina United StatesWebsitewww wbr ncleg wbr govThe General Assembly drafts and legislates the state 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 called the North Carolina House of Commons until 1868 and the North Carolina Senate Since 1868 the House has had 120 members while the Senate has had 50 members 2 There are no term limits for either chamber Both chambers have two year terms and are currently controlled by the Republican Party by three fifths majority necessary to override vetoes Contents 1 History 1 1 Colonial period 1 2 Revolution and early statehood 1 3 Reconstruction Era 1 4 20th century 1 5 Recent history 2 Membership 3 Structure and process 4 Powers 5 Sessions 6 Administration and support agencies 7 See also 8 Notes 9 References 10 Works cited 11 External linksHistory editColonial period edit See also Province of Carolina and Province of North Carolina The North Carolina legislature traces its roots to the first assembly for the County of Albemarle which was convened in 1665 by Governor William Drummond 3 4 Albemarle County was the portion of the British colony of Carolina under the control of the Lords Proprietors before becoming a royal province in 1729 that would eventually become North Carolina 5 From approximately 1666 to 1697 the governor his council and representatives of various precincts and towns elected by male freeholders sat together as a unicameral legislature 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 The House 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 nbsp The Governor s Palace in New Bern is where the provincial era General Assembly met from 1770 until 1775 According to one early compilation of the Laws of North Carolina 6 the first General Biennial Assembly was held at the House of Capt Richard Sanderson at Little River begun on the 17th day of November 1715 and continued by several Adjournments until the 19th Day of January 1715 sic 7 Revolution and early statehood edit nbsp North Carolina State House 1794 1810 nbsp North Carolina State House 1811 1831In 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 in 1776 With the signing of the United States Declaration of Independence the United States became an independent nation with different legislatures in each colony Because of the history of distrust of the executive the North Carolina constitution firmly established the General Assembly as it was now called as the most powerful branch of the state government 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 8 9 The constitution provided for more rights for freedmen and free men of color The 9th Amendment on the 1776 constitution states That no freeman shall be convicted of any crime but by the unanimous verdict of a jury of good lawful men in open court as heretofore used 9 10 Free men of color with sufficient property were allowed to vote The first North Carolina General Assembly was convened on April 7 1777 in New Bern North Carolina It consisted of Senate with one member from each county of 38 existing counties and one district Washington District which later became part of the Southwest Territory and then Tennessee and a House of Commons with two members representing each of the existing 38 counties plus one member from each of the large towns districts Edenton Halifax Hillsborough New Bern Salisbury and Wilmington Districts Districts continued to be represented in the Senate until 1835 Only land owning 100 acres 0 4 km2 for the House of Commons and 300 acres 1 2 km2 for the Senate Protestant men could serve 9 The first 18 General Assemblies met in various locations including New Bern Hillsboro Halifax Smithfield and Wake Court House Fayetteville It was not until 1794 that the General Assembly met in the new state capital Raleigh where it has met ever since 11 Following Nat Turner s slave rebellion of 1831 the state legislature restricted many of the rights the 1776 Constitution provided for black people making it illegal to teach a slave how to read or write They also narrowed rights of free people of color rescinding their franchise and the right to bear arms and forbidding them from attending school or learning to read and write as well as forbidding them from preaching in public 12 9 nbsp North Carolina Capitol home to the General Assembly from 1840 until 1963The Constitutional Convention of 1835 retained the 1776 Constitution but made several amendments to it Going forward the governor would be elected by the people but the legislature elected all other officials including US Senators Amendments set the number of senators at 50 and the number of commoners representatives to the House at 120 Senators were to be elected from districts representing approximately equal numbers of citizens rather than by geographic counties Members of the House were still elected by county but more populous counties were entitled to more representatives The North Carolina General Assembly met from 1861 to 1865 as part of the Confederate States of America Reconstruction Era edit In 1868 a new constitution was passed by the Reconstruction era legislature a biracial body dominated by Republicans It changed the name of the House of Commons to the House of Representatives It 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 abolished in order to enlarge opportunity Finally the legislature made executive officers and judges subject to popular election rather than appointment by the legislature African American men were first elected to the state legislature in 1868 including Henry Epps Abraham H Galloway and John A Hyman in the Senate and Parker D Robbins Wilson Cary Nicholas B W Morris A W Stevens John S Leary Isham Sweat Henry C Cherry John H Williamson A A Crawford Cuffie Mayo W T J Hayes Ivey Hutchings John S W Eagles George W Price Thomas A Sykes James H Harris William Cawthorn and Richard Falkner in the House Despite efforts by Red Shirts and other white Democratic paramilitary groups to disrupt Republican meetings and suppress black voting in order to ensure the Democratic takeover some African Americans continued to be elected in the 19th century especially to local offices But shortly before the turn of the century the Democrats regained control of the state legislature after a biracial coalition between Republicans and Populists had briefly held power and passed laws to create barriers to voter registration through poll taxes literacy tests and other devices 13 14 15 16 17 Applied subjectively by white administrators these methods effectively disenfranchised most blacks in the state Black voters were eliminated by 1904 An estimated 75 000 black male citizens lost the vote 18 19 African Americans were closed out of politics in North Carolina for decades with most not regaining the ability to vote until after passage of the Voting Rights Act of 1965 and federal overview and enforcement 20th century edit Lillian Exum Clement became the first female member of the General Assembly in 1921 20 As was the case in other states where rural legislators hung on to power despite changes in state demographics North Carolina eventually had to redefine its method of electing house members and to reapportion congressional seats which was supposed to be done after every decennial census At a time of civil rights legislation to end segregation Civil Rights Act of 1964 and enforce the constitutional right to vote for African Americans and other ethnic groups Voting Rights Act of 1965 the US Supreme Court made rulings that resulted in corrections to state legislature representation and apportionment in several states In February 1963 the General Assembly began meeting in the North Carolina State Legislative Building 21 Starting in 1966 in the wake of Reynolds v Sims a US Supreme Court case establishing the principle of one man one vote members of the North Carolina State House were required to be elected from districts defined on the basis of roughly equal population rather than from geographic counties The county basis had resulted in a longstanding rural bias in the legislature The new urban populations including minorities and immigrants were historically underrepresented in terms of legislative seats and funding although the state s demographics and population had become increasingly urbanized The court s ruling required changes also in other states with similar practices The changes allowed full representation for the first time from some urban and more densely settled areas It also meant that counties with low populations lost the chance to elect a resident member to the legislature Recent history edit This section needs expansion You can help by adding to it December 2023 In 2001 the North Carolina Supreme Court ruled that multi member legislative districts were unconstitutional 22 Membership editThe General Assembly has 170 elected members with 120 members of the North Carolina House of Representatives and 50 members of the North Carolina Senate 23 Each represents a district 2 Each house has the sole power to judge the election and qualification of its own respective members 24 Legislators are elected biennially in even numbered years Their terms of office begin at the start of the January following the year of their election 25 All legislators swear a state constitutionally prescribed oath of office 26 In the event of the vacancy of a seat the governor is constitutionally obligated to appoint a person nominated by the previous incumbent s political party s respective district executive committee to fill the seat 27 The assembly is styled after the citizen legislature model with legislating considered a part time job 28 29 30 Members receive a base salary of 13 951 per year 31 supplemented by per diem payments and travel reimbursements 32 Increases in legislative pay adopted by the assembly cannot take effect until after a succeeding election 33 Structure and process editEach house of the legislature has eight leadership roles The Senate s leadership is made up of the president of the Senate president pro tempore majority leader majority whip majority caucus chair minority leader minority whip and minority caucus chair 34 Per the constitution the office of president of the Senate is held ex officio by the lieutenant governor 35 In this capacity they direct the debate on bills and maintain order in that house 36 37 but have little influence over its workflow 38 They cannot cast a vote in the Senate except to break ties 39 The president pro tempore is elected by the full Senate They appoint the body s committees All other leadership positions filled by the decision of party caucuses 34 The leadership of House of Representatives is analogous to that in the Senate except that in place of a president and president pro tempore the body is led by a speaker and speaker pro tempore The speaker is in charge of appointing the body s committees Both officers are elected by the full house from among its members with the rest determined by party caucuses 34 a In the event of an even political divide in the House co speakers may be elected in lieu of a single speaker 41 Standing committees in each house consider introduced legislation hold hearings and offer amendments 41 All bills are examined by a body s respective rules committee before being brought before a full house for a vote 42 Powers editThe constitution of North Carolina vests the state s legislative power in the General Assembly 43 the General Assembly writes state laws statutes 24 2 Legislation in North Carolina can either be in the form of general laws or special local laws General laws apply to the entire state while local laws apply only to specific counties or municipalities 44 b The constitution requires that all effective laws be styled The General Assembly of North Carolina enacts with only the words following that phrase being legally operative 24 The legally valid language of each passed bill is punctuated by the ratification certificate consisting of the obligatory signatures of the presiding officers of each house 46 The assembly has the power to levy taxes 47 and adopts the state budget 48 The constitution enumerates unique procedure for the passing of revenue legislation all revenue bills must be read three times with each reading occurring on a different day journal records of votes must include the name of each legislator and how they voted and all revenue bills must appropriate money for a specific purpose 49 The legislative power of the assembly must be exercised by the whole body and not devolved upon a portion of the whole and actions taken during one session of the assembly can be undone by a succeeding session 50 The governor signs bills passed by the General Assembly of which they approve into law and are empowered to veto bills of which they disapprove 51 A veto can be overridden by a three fifths majority vote of the assembly 52 Local bills and congressional and legislative reapportionment decisions are not subject to gubernatorial veto Aside from regular legislation the two houses of the General Assembly can also issue joint resolutions which are not subject to veto 53 The assembly wields oversight authority over the state s administrative bureaucracy 54 It can alter gubernatorial executive orders concerning the organization of state agencies by joint resolution 53 Its Joint Legislative Commission on Governmental Operations has the authority to seize state agency documents and inspect facilities of agencies and contractors with the state 55 All legislative committees are empowered to subpoena the testimony of witnesses and documents 56 57 The constitution allows for the General Assembly to provide for the filling of executive offices not already provided for in the constitution 58 The body is also empowered to resolve contested elections for state executive officers by joint ballot 24 Its advice and consent is required for the installation of some state agency heads The assembly can also influence the bureaucracy through its power to create for dissolve agencies or countermand administrative rules by writing laws and by its decisions in appropriations 54 The constitution empowers the House of Representatives to impeach elected state officials by simple majority vote In the event an official is impeached the Senate holds a trial and can convict an official by two thirds majority vote and remove them from office 59 The General Assembly can also by a two thirds majority vote determine the governor or a judge mentally or physically incapable of serving 53 The General Assembly has the sole power to propose amendments to the state constitution 60 If a proposed amendment receives the support of three fifths of the House and the Senate it is scheduled for ratification by a statewide referendum State constitutional amendments and state legislative votes on the ratification of federal constitutional amendments are not subject to gubernatorial veto 61 53 Sessions editSee also List of North Carolina state legislatures The General Assembly s sessions are convened according to standards prescribed by the state constitution and state statute 62 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 the long session typically lasts for 6 months and the short session typically lasts for 6 weeks 2 The governor may call the General Assembly into extraordinary session after consulting the Council of State and is required to convene the assembly in specific circumstances to review vetoed legislation 63 A majority of the Council of State can call the legislature into session to consider the governor s mental capacity to serve 64 A basic majority of the members of a house constitute a quorum to do business 62 When in session both Houses of the legislature typically meet on Monday evenings and in the middle of the day on Tuesdays Wednesdays and Thursdays Legislative committees usually convene in the mornings and late afternoons 2 Both houses are empowered to temporarily adjourn for three days or less at their own discretion 24 The proceedings of each house are constitutionally required to be reported in official journals and published at the end of each session 33 The records of individual lawmakers are not subject to the state s public records law 65 Administration and support agencies edit nbsp North Carolina Legislative Office Building in RaleighAdministrative support of the General Assembly is overseen by the Legislative Services Commission a panel comprising five members of each house 2 As of October 2023 the assembly relies on over 600 support staff who work in the Legislative Building and the Legislative Office Building 66 Every legislator is assigned at least one legislative assistant or clerk who manage legislators schedules manage communications with constituents and offer advice on policy issues Some legislators employ additional staff 67 The General Assembly s members and facilities are guarded by the North Carolina General Assembly Police 68 See also editNorth Carolina State Capitol List of North Carolina state legislatures North Carolina Council of State Prepared Meals Tax in North CarolinaNotes edit The selection of a speaker from among the House s members is not strictly constitutionally required but thus far has been the case 40 State jurisprudence is not exact on the delineation between and general and local legislation though since 1987 state courts have judged whether a law affects general public interests and concerns to determine its status 45 References edit State Capitol of NC NC Department of Cultural Resources Archived from the original on April 18 2008 Retrieved August 4 2006 a b c d e f Structure of the North Carolina General Assembly Official North Carolina General Assembly Website Retrieved November 19 2019 Marker A 13 First Assembly in Albemarle County Ncmarkers com Retrieved November 10 2019 Powell William S ed 1958 Ye Countie of Albemarle in Carolina A Collection of Documents 1664 1675 Baxley Laura Young Baxley Powell William S 2006 Albemarle County Retrieved November 19 2019 Iredell 1791 Iredell 1791 p 9 All marginal referenced to year of enactment of various chapters reference 1715 therefore the obvious error in the year maybe presumed to be the year of adjournment rather than the year the session convened William S Powell 1988 North Carolina A History University of North Carolina Press a b c d North Carolina Constitution of 1776 Yale Law School 1776 Retrieved September 4 2019 9th Amendment to the 1776 North Carolina Constitutions Connor R D D 1913 A Manual of North Carolina PDF Raleigh North Carolina Historical Commission p 453 Retrieved April 27 2019 North Carolina legislation Archived from the original on October 26 2014 Retrieved November 18 2014 Kousser J Morgan 1974 The Shaping of Southern Politics Suffrage Restriction and the Establishment of the One Party South 1880 1910 Yale Historical Publications p 104 North Carolina History Project Fusion Politics northcarolinahistory org The North Carolina Collection UNC Libraries The North Carolina Election of 1898 lib unc edu Archived from the original on April 27 2009 Retrieved May 17 2016 Lewis J D North Carolina House of Representatives 1868 carolana com Retrieved November 21 2019 Lewis J D North Carolina State Senate 1868 carolana com Retrieved November 21 2019 Shaw Albert ed July December 1900 The American Monthly Review of Reviews Review of Reviews XXII 274 Richard H Pildes Democracy Anti Democracy and the Canon Constitutional Commentary Vol 17 2000 pp 12 13 First Step Our State April 28 2011 Retrieved November 12 2023 Norris David A 2006 General Assembly NCPedia North Carolina Government amp Heritage Library Retrieved November 9 2023 Bitzer 2021 pp 84 85 Fain Travis January 27 2023 Bills filed votes to come Here s how your NC General Assembly works WRAL TV Capitol Broadcasting Company Retrieved November 11 2023 a b c d e Orth amp Newby 2013 p 104 Orth amp Newby 2013 pp 96 97 99 Orth amp Newby 2013 pp 101 165 Orth amp Newby 2013 p 100 Osborne Molly July 28 2023 Does North Carolina have a full time legislature North Carolina Center for Public Policy Research Retrieved November 12 2023 Vitaglione Grace September 20 2023 NC politics still a tough play for millennials and Gen Z Carolina Public Press Retrieved November 12 2023 Murphy Brian March 12 2022 NC lawmakers set record with long session None like it but what s the solution The News amp Observer Retrieved November 12 2023 Norcross Jack May 18 2022 North Carolina legislators among lowest paid in the US WCNC Charlotte WCNC TV Retrieved November 12 2023 Vaughan Dawn Baumgartner February 14 2023 How do NC lawmakers compare to the rest of the state s population What the data shows The News amp Observer Retrieved November 12 2023 a b Orth amp Newby 2013 p 103 a b c Cooper amp Knotts 2012 p 163 Orth amp Newby 2013 p 122 North Carolina Manual 2011 p 159 Lieutenant Governor North Carolina General Assembly Retrieved August 22 2022 Lt Gov Dan Forest WRAL Capitol Broadcasting Company January 9 2013 Retrieved August 27 2022 Orth amp Newby 2013 pp 99 122 Orth amp Newby 2013 p 102 a b Legislative Branch NCPedia North Carolina Government amp Heritage Library Retrieved November 29 2023 Vaughan Dawn Baumgartner January 20 2023 These are the most powerful people deciding what bills become law in North Carolina The News amp Observer Retrieved November 19 2023 Orth amp Newby 2013 pp 95 96 Lawrence David M 2007 The County as a Body Politic and Corporate NCPedia North Carolina Government amp Heritage Library Retrieved November 19 2023 Orth amp Newby 2013 p 111 Orth amp Newby 2013 pp 106 107 Orth amp Newby 2013 p 55 Orth amp Newby 2013 p 118 Orth amp Newby 2013 pp 104 108 109 Orth amp Newby 2013 p 96 Orth amp Newby 2013 pp 101 104 105 Cooper amp Knotts 2012 p 142 a b c d Orth amp Newby 2013 p 107 a b Cooper amp Knotts 2012 p 170 Fain Travis November 10 2023 State agencies plan for legislature s new investigation powers Ask a lawyer WRAL TV Capitol Broadcasting Company Retrieved November 20 2023 Fain Travis February 20 2018 General Assembly leaders hint at subpoena over pipeline fund WRAL TV Capitol Broadcasting Company Retrieved November 20 2023 Broughton Melissa February 24 2017 As senators subpoena Cooper cabinet pick experts weigh legal options potential outcomes NC Newsline Retrieved November 20 2023 Orth amp Newby 2013 pp 117 122 Saenz Hunter February 11 2021 VERIFY Is there an impeachment process in North Carolina WCNC Charlotte WCNC TV Retrieved November 14 2023 Doyle Steve August 9 2023 Could North Carolina voters change the process for adopting constitutional amendments Check out the various practices Fox 8 WGHP Nexstar Media Group Retrieved November 20 2023 Anderson Bryan March 16 2023 Cooper s Veto Predicament The Assembly Retrieved March 16 2023 a b When is the General Assembly in Session North Carolina General Assembly Retrieved November 6 2023 Orth amp Newby 2013 pp 120 121 Orth amp Newby 2013 pp 101 125 Vaughan Dawn Baumgartner October 16 2023 How a couple of very powerful individuals gave themselves more power in NC budget The News amp Observer Retrieved November 19 2023 Vaughan Dawn Baumgartner Raynor David October 27 2023 How much do NC General Assembly employees make What raises did they get See the data The News amp Observer Retrieved November 12 2023 Lu Jazper July 27 2023 Are NC legislators allowed to date staff members Here s what their rules say The News amp Observer Retrieved November 12 2023 McDonald Thomasi September 12 2017 Why is there a special police car parked each day in front of the General Assembly The News amp Observer Retrieved November 12 2023 Works cited editIredell James 1791 Laws of the State of North Carolina Edenton Hodge amp Wills Bitzer J Michael 2021 Redistricting and Gerrymandering in North Carolina Battlelines in the Tar Heel State Springer Nature ISBN 9783030807474 Cheney John L Jr 1974 North Carolina Government 1585 1974 Cooper Christopher A Knotts H Gibbs eds 2012 The New Politics of North Carolina Chapel Hill University of North Carolina Press ISBN 978 1 4696 0658 3 Congress 1776 Minutes of the Provincial Congress of North Carolina North Carolina Provincial Congress November 12 1776 December 23 Vol 10 pp 913 1003 Lewis J D Legislative Documents of the North Carolina General Assemblies 1777 2018 carolana com Retrieved November 19 2019 North Carolina Manual PDF Raleigh North Carolina Department of the Secretary of State 2011 OCLC 2623953 Orth John V Newby Paul M 2013 The North Carolina State Constitution second ed Oxford University Press ISBN 978 0 19 930065 5 External links edit nbsp Wikimedia Commons has media related to North Carolina General Assembly Online archive Archived March 2 2019 at the Wayback Machine of the North Carolina Legislative Journals of the General Assembly 1822 to the present from the State Library of North Carolina Online archive Archived June 26 2016 at the Wayback Machine of the Public Documents of North Carolina containing executive and legislative documents produced for each year s General Assembly session 1831 to 1919 from the State Library of North Carolina Online archive Archived August 12 2021 at the Wayback Machine of the Session Laws of North Carolina which include all ratified bills and resolutions in a given session of the General Assembly 1817 to 2011 from the State Library of North Carolina Guide to the Session Laws of North Carolina Archived December 6 2019 at the Wayback Machine Portals nbsp United States nbsp Politics 35 46 59 53 N 78 38 20 24 W 35 7832028 N 78 6389556 W 35 7832028 78 6389556 Retrieved from https en wikipedia org w index php title North Carolina General Assembly amp oldid 1206997916, wikipedia, wiki, book, books, library,

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