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

Auteur

John V. Orth is the William Rand Kenan, Jr. Professor of Law at the University of North Carolina, where he teaches property and legal history. After receiving a law degree and Ph.D. in history from Harvard University, he clerked for the Honorable John J. Gibbons of the U.S. Court of Appeals for the Third Circuit. He is the author of more than sixty law review articles and book chapters on constitutional law, property law, and legal history, as well as six books-including The Judicial Power of the United States: The Eleventh Amendment in American History (Oxford University Press, 1987) and Combination and Conspiracy: A Legal History of Trade Unionism 1721-1906 (Oxford University Press, 1991). His publications have been cited by federal and state courts, including the United States Supreme Court and the North Carolina Supreme Court. Professor Orth is the recipient of the University of North Carolina's award for excellence in post-graduate education and the Law School's award for Excellence and Creativity in Teaching. Paul Martin Newby is a justice of the Supreme Court of North Carolina as well as an adjunct professor of law at Campbell University, where he teaches state constitutional law and appellate practice. Justice Newby earned his undergraduate degree in Public Policy Studies from Duke University and his law degree from the University of North Carolina. Prior to taking the bench in 2004, he practiced law in the private sector with a law firm and as general counsel of a company, then served as an Assistant United States Attorney for the Eastern District of North Carolina. His teaching experience encompasses courses for the United States Department of Justice, the North Carolina Judicial College, and continuing legal education, including litigation under the North Carolina Constitution. In recognition of his professional service, Justice Newby received the James Iredell Award, the North Carolina Bar Association Citizen Lawyer Award, and an Honorary Doctor of Laws from Southern Wesleyan University.

Contenu

Part I: North Carolina Constitutional History Part II: North Carolina Constitution and Commentary Preamble Article I: Declaration of Rights Article II: Legislative Article III: Executive Article IV: Judicial Article V: Finance Article VI: Suffrage and Eligibility to Vote and Hold Office Article VII: Local Government Article VII: Corporations Article IX: Education Article X: Homesteads and Exemptions Article XI: Punishments, Corrections, and Charities Article XII: Military Forces Article XIII: Conventions; Constitutional Amendment and Revision Article XIV: Miscellaneous Bibliographical Essay Table of Cases Index