The North Carolina State Constitution

Second Edition

John V. Orth and Paul M. Newby

Oxford Commentaries on the State Constitutions of the United States

Includes an account of North Carolina's constitutional evolution, allowing readers to see the progression of legislation in its historical context
Provides a provision-by-provision commentary of the state constitution of North Carolina and includes analysis on the state's current constitution, providing an essential reference guide to understanding this important document

New to this Edition:

Law Professor John V. Orth is joined on the second edition by co-author Justice Paul M. Newby of the North Carolina Supreme Court. While maintaining the scholarly tone of the first edition, Justice Newby adds the valuable perspective of a seasoned jurist to the commentary on the words of the state constitution.
Since the first edition, North Carolina voters have approved eight constitutional amendments, adding over 2,000 words to the text and touching almost every article of the state constitution. Most significant was the grant of veto power to the governor, making North Carolina the last state to allow the governor a formal role in the legislative process.
As demonstrated in the updates in this second edition, the North Carolina Supreme Court has continued to perform its historic role as final interpreter of the state constitution, rendering significant decisions-particularly concerning the constitutional constraints on legislative redistricting and the state's constitutional duty to provide every school child in North Carolina a "sound, basic education."

The North Carolina State Constitution

Second Edition

John V. Orth and Paul M. Newby

Oxford Commentaries on the State Constitutions of the United States

Description

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.

The North Carolina State Constitution

Second Edition

John V. Orth and Paul M. Newby

Oxford Commentaries on the State Constitutions of the United States

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

The North Carolina State Constitution

Second Edition

John V. Orth and Paul M. Newby

Oxford Commentaries on the State Constitutions of the United States

Author Information

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.