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North Carolina General Assembly

 

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North Carolina General Assembly



 
 
The North Carolina General Assembly is the state legislature of the U.S. state
U.S. state

A U.S. state is any one of the 50 state of the United States that share sovereignty with the federal government of the United States . Because of this shared sovereignty, an United States is a citizen both of the federal entity and of his or her state of Domicile ....
 of North Carolina
North Carolina

North Carolina is a U.S. state located on the Atlantic Seaboard in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north....
. 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
North Carolina House of Representatives

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 North Carolina House of Representatives, who holds powers similar to those of the President Pro Tempore of the North Carolina Senate in the state senate....
 (formerly the North Carolina House of Commons until 1868) and the North Carolina Senate
North Carolina Senate

The North Carolina Senate is one of the two houses of the North Carolina General Assembly.Its prerogatives and powers are similar to those of the other house, the North Carolina House of Representatives....
. The House has 120 members, while the Senate has 50.

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
Raleigh, North Carolina

Raleigh is the Capital of the state of North Carolina and the List of North Carolina county seats of Wake County, North Carolina. Raleigh is known as the ?City of Oaks? for its many oaks....
 (except for special occasions, when legislators might decide to hold a ceremonial session in some other city).






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Timeline

1731   North Carolina Governor George Burrington asks the North Carolina General Assembly to pass an act establishing a town on the Cape Fear River in what is seen as a political move to shift the power away from the powerful Cape Fear plantation class. The town is laid out in 1733 and later incorporated as Wilmington in 1740.

1762   The North Carolina General Assembly incorporates Kingston, named for King George III of the United Kingdom, as the county seat of Dobbs County, North Carolina. The name is later shortened to Kinston in 1784.

1771   The North Carolina General Assembly passes an act establishing the town of Martinsborough, named for Royal Governor Josiah Martin, on the land of Richard Evans to serve as the county seat of Pitt County.

1771   The North Carolina General Assembly establishes Wake County (named for Margaret Wake, the wife of North Carolina Royal Governor William Tryon) from portions of Cumberland, Johnston and Orange counties. Bloomsbury (later known as Wake Courthouse) is made the informal county seat.

1774   To avoid severe flooding, Martinsborough, North Carolina is moved to higher ground three miles west. The North Carolina General Assembly incorporates Martinsborough as the new county seat of Pitt County, three years after its founding.

1782   The North Carolina General Assembly incorporates Washington, North Carolina.

1784   The North Carolina General Assembly incorporates the town of Morgansborough, named for Daniel Morgan. The town is designated as the county seat for Burke County, North Carolina and is subsequently renamed Morgantown, which is later shortened to Morganton.

1785   The North Carolina General Assembly incorporates Lincolnton, North Carolina (named for American General Benjamin Lincoln) as the new county seat for Lincoln County.

1787   The North Carolina General Assembly incorporates Waynesborough and designates it the county seat for Wayne County, North Carolina.

1847   The North Carolina General Assembly incorporates the railroad town of Goldsborough, North Carolina named for Major Matthew T. Goldsborough. The Wayne county seat is moved from Waynesborough to the new town. Goldsborough is later shortened to Goldsboro.







Encyclopedia


The North Carolina General Assembly is the state legislature of the U.S. state
U.S. state

A U.S. state is any one of the 50 state of the United States that share sovereignty with the federal government of the United States . Because of this shared sovereignty, an United States is a citizen both of the federal entity and of his or her state of Domicile ....
 of North Carolina
North Carolina

North Carolina is a U.S. state located on the Atlantic Seaboard in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north....
. 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
North Carolina House of Representatives

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 North Carolina House of Representatives, who holds powers similar to those of the President Pro Tempore of the North Carolina Senate in the state senate....
 (formerly the North Carolina House of Commons until 1868) and the North Carolina Senate
North Carolina Senate

The North Carolina Senate is one of the two houses of the North Carolina General Assembly.Its prerogatives and powers are similar to those of the other house, the North Carolina House of Representatives....
. The House has 120 members, while the Senate has 50.

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
Raleigh, North Carolina

Raleigh is the Capital of the state of North Carolina and the List of North Carolina county seats of Wake County, North Carolina. Raleigh is known as the ?City of Oaks? for its many oaks....
 (except for special occasions, when legislators might decide to hold a ceremonial session in some other city). It met in the Capitol
North Carolina State Capitol

The North Carolina State Capitol is the capitol building of the U.S. state of North Carolina. Housing the offices of the Governor of North Carolina, it is located in the state capital of Raleigh, North Carolina on Capitol Square at One East Edenton Street....
 building until 1963, when the legislature relocated to the new North Carolina State Legislative Building
North Carolina State Legislative Building

The North Carolina State Legislative Building is the current meeting place of the North Carolina General Assembly, the state legislature of the U.S....
.

North Carolina Senate


The Senate has 51 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
Lieutenant Governor of North Carolina

The Lieutenant Governor of North Carolina is the second highest elected official in the United States state of North Carolina and is the only elected official to have powers in both the legislative and executive branches of state government....
, 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
James Carson Gardner

James Carson 'Jim' Gardner is a North Carolina businessman and politician who served as a U.S. Representative and as Lieutenant Governor of North Carolina ....
, 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
Pro tempore

Pro tempore or pro tem is a List of Latin phrases 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 in the absence of a superior, such as the President pro tempore of the United States Senate....
 (or Pro-Tem). The President pro tempore
President Pro Tempore of the North Carolina Senate

The President Pro Tempore of the North Carolina Senate is the highest-ranking officer of one house of the North Carolina General Assembly. The President of the Senate is the Lieutenant Governor of North Carolina, but the President Pro-Tem actually holds most of the power and presides in the absence of the Lt....
 appoints members to standing committees of the Senate, and holds great sway over bills. Marc Basnight
Marc Basnight

Marc Basnight is a Democratic Party member of the North Carolina State Senate, representing the 1st District since 1984. His district includes constituents in Beaufort County, North Carolina, Camden County, North Carolina, Currituck County, North Carolina, Dare County, North Carolina, Hyde County, North Carolina, Pasquotank County, North Ca...
 (D-Manteo
Manteo, North Carolina

Manteo is a town in Dare County, North Carolina, North Carolina, United States. The population was 1,052 at the 2000 census. It is the county seat of Dare County, North Carolina....
) 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.

The qualifications to be a senator are found in the state Constitution
North Carolina Constitution

The Constitution of the State of North Carolina 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....
: "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
North Carolina Supreme Court

The Supreme Court of North Carolina is the North Carolina highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court....
 presides.

North Carolina House of Representatives


The 120 members of the House are led by a Speaker
Speaker of the North Carolina House of Representatives

The Speaker of the North Carolina North Carolina House of Representatives is the presiding officer of one of the houses of the North Carolina General Assembly....
, who holds powers similar to those of the Senate President pro-tem. Joe Hackney
Joe Hackney

Joe Hackney is a United States Democratic Party member of the North Carolina General Assembly representing the state's fifty-fourth House district, including constituents in Chatham County, North Carolina, Orange County, North Carolina, and Moore County, North Carolina counties....
 (D-Orange) is the current Speaker
Speaker of the North Carolina House of Representatives

The Speaker of the North Carolina North Carolina House of Representatives is the presiding officer of one of the houses of the North Carolina General Assembly....
.

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.

The qualifications to be a member of the House are found in the state Constitution
North Carolina Constitution

The Constitution of the State of North Carolina 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....
: "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
No religious test clause

The "no religious test" clause of the United States Constitution is found in Article Six of the United States Constitution, and states that:This has been interpreted to mean that no federal employee, whether elected or appointed, "career" or "political," can be required to adhere to or accept any religion or belief....
" of the United States Constitution
United States Constitution

The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America; the Federal Government of the United States; and all the State & local governments and Territorial Administrative bodies contained therein....
.

History

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
William Drummond (colonial governor)

William Drummond was the first List of colonial governors of North Carolina of Albemarle Sound settlement in the Province of Carolina and a participant in Bacon's Rebellion....
. Albemarle County was the portion of the British colony of Carolina
Province of Carolina

The Province of Carolina from 1663 to 1712, was a North American Kingdom of Great Britain proprietary colony, controlled by the Lords Proprietor, a group of eight English noblemen led informally by member Anthony Ashley-Cooper, 1st Earl of Shaftesbury....
 (under the control of the “Lords Proprietors” before becoming a royal province in 1729) that would eventually become North Carolina.

From approximately 1666 to 1697, the Governor
List of colonial governors of North Carolina

This is a list of the colonial governors of the Province of North Carolina and preceding British colonies in the same region....
, 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. 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
North Carolina Provincial Congress

The North Carolina Provincial Congresses were extra-legal unicameral legislative bodies formed in 1774 through 1776 by the people of the Province of North Carolina, independent of the British colonial government....
, independent of the royal governor, as the American Revolution
American Revolution

The American Revolution refers to the political upheaval during the last half of the 18th century in which the Thirteen Colonies of North America overthrew the governance of the British Empire and then rejected the British monarchy to become the sovereign United States of America....
 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
North Carolina Constitution

The Constitution of the State of North Carolina 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....
 (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
Governor of North Carolina

The Governor of North Carolina is the top executive of the government of the United States state of North Carolina. Bev Perdue, the current governor, is North Carolina's first female 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
Richard Caswell

Richard Caswell was the first Governor of North Carolina of the United States U.S. state of North Carolina, serving from 1776 to 1780 and from 1784 to 1787....
, 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, 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
North Carolina Constitution

The Constitution of the State of North Carolina 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....
 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
Reynolds v. Sims

Reynolds v. Sims, Case citation was a Supreme Court of the United States case that ruled that state legislature districts had to be roughly equal in population....
), 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
Henry Frye

Henry E. Frye is an American judge and politician who concluded his public-service career as the first African-American chief justice of the North Carolina Supreme Court....
 (a Democrat) in 1968.

Lillian Exum Clement
Lillian Exum Clement

Lillian Exum Clement , also known as Lillian Stafford after marrying, was the first woman elected to the North Carolina General Assembly and the first woman to serve in any state legislature in the Southern United States....
 became the first female member of the General Assembly in 1921.

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, the "long session" typically lasts for 6 months and the "short session" typically lasts for 6 weeks.

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."

  • North Carolina General Assembly of 1777
    North Carolina General Assembly of 1777

    The North Carolina General Assembly of 1777 met in two sessions in New Bern, North Carolina, from April 7 to May 9, 1777, and from November 15 to December 24 1777....
  • North Carolina General Assembly of 1778
    North Carolina General Assembly of 1778

    The North Carolina General Assembly of 1778 met in three sessions in three locations in the years 1778 and 1779. The first session was held in New Bern, North Carolina from April 14 to May 2, 1778; the second session in Hillsborough, North Carolina, from August 8 to August 19, 1778; the third and final session in Halifax, North Carolina, from...
  • North Carolina General Assembly of 1779
    North Carolina General Assembly of 1779

    The North Carolina General Assembly of 1779 met in three sessions in three locations in the years 1779 and 1780. The first session was held in Smithfield, North Carolina from May 3 to May 15, 1779; the second session in Halifax, North Carolina, from October 18 to November 10, 1779; the third and final session in New Bern, North Carolina, from...


  • North Carolina General Assembly of 1899-1900
    North Carolina General Assembly of 1899-1900

    Members of the North Carolina General Assembly for the 1899-1900 session were elected in November 1898. The election saw the United States Democratic Party return to majority status in both houses, replacing the Electoral fusion of United States Republican Party and United States Populist Party....


  • North Carolina General Assembly of 2001-2002
    North Carolina General Assembly of 2001-2002

    Members of the North Carolina General Assembly, 2001-2002 session were elected in November 2000. The 2001-2002 session of the General Assembly was the last in which some house and senate districts elected multiple representatives to the state legislature....
  • North Carolina General Assembly of 2003-2004
    North Carolina General Assembly of 2003-2004

    Members of the North Carolina General Assembly, 2003-2004 session were North Carolina General Assembly election, 2002. The 2002 legislative elections were conducted under an interim redistricting map following the United States 2000 census; a more permanent redistricting map was passed in November 2003 for use through 2010....
  • North Carolina General Assembly of 2005-2006
    North Carolina General Assembly of 2005-2006

    Members of the North Carolina General Assembly, 2005-2006 session were elected in North Carolina General Assembly election, 2004. These were the first elections for the state legislature under a new redistricting plan approved in 2003....
  • North Carolina General Assembly of 2007-2008
    North Carolina General Assembly of 2007-2008

    Members of the North Carolina General Assembly, 2007-2008 session were elected in November 2006. This legislature first convened in January 2007....


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.

  • North Carolina General Assembly election, 2002
    North Carolina General Assembly election, 2002

    The North Carolina General Assembly election, 2002 was the first General Assembly election conducted using districts drawn following the United States 2000 Census....
  • North Carolina General Assembly election, 2004
    North Carolina General Assembly election, 2004

    Elections to choose members of the North Carolina General Assembly, each of whom serves a two-year term, occurred on Tuesday, November 2, 2004. The U.S....
  • United States Senate election in North Carolina, 2008
    United States Senate election in North Carolina, 2008

    North Carolina held an election for its Classes of United States Senators United States Senate seat on November 4, 2008. The United States Senate elections, 2008 coincided with the U.S....
  • United States House of Representatives elections in North Carolina, 2008
    United States House of Representatives elections in North Carolina, 2008

    On November 4, 2008, all 13 members of North Carolina's delegation to the United States House of Representatives stood for reelection to the 111th United States Congress....


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