Term Paper on "NC vs. TX"

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NC v. TX

North Carolina State Governance -- a Comparative Overview

Separation of powers and checks and balances between the individual branches of government (Legislative, Executive, Judicial)

According to the official Webpage of the North Carolina state government, the divisions of power between the different branches of the government of the state are allocated in a similar fashion to that of the federal government of the United States. In North Carolina, there is a chief executive called a governor, who is elected every four years by the general populace. The governor's power is reigned in by a bicameral state legislature, made up of a senate and a house of representatives. The state senators are elected from larger districts than member of the house. Together these bodies are known as the North Carolina General Assembly. Members of the North Carolina General Assembly are all elected for two-year terms and the legislature meets biennially. The legislative branch of the government makes the laws; the executive branch enforces those laws. The executive branch also includes the lieutenant governor (the state version of a vice president or deputy governor who presides over the senate as a non-voting member, except in the case of a tie), the North Carolina Council of State, and the various state agencies that administer specific government functions. ("North Carolina General Assembly -- Citizen Guide," North Carolina Research Division, 2006)

In November of 1996, the citizens of North Carolina voted via a popular referendum to amend the state constitution to allow for a gubernatorial or governor's veto, thus giving additional powers to the state's chief executive. If the governor signs a bill introduced by either legislative body (which must be ratified by the other legislative body) or if the governor takes no action on the bill within ten days after presentation, the bill becomes state law. If the governor vetoes a bill, the bill is returned to the original house that proposed the bill. But the governor's power to override the actions of the legislative bodies is not absolute -- 3/5 of present and voting members can vote to override the gubernatorial veto. Then, if the original house votes to override the veto, the bill is sent to the second house where 3/5 of present and voting members must also vote to override the veto before the bill can become law. ("How a bill becomes a law," North Carolina Research Division, 2006)

The judicial branch interprets the state's laws and acts as an addition check, to balance the competing powers of the legislative and executive branches of the state government. The North Carolina courts are split into three divisions: the appellate, superior, and district court divisions. The North Carolina Court of Appeals and the North Carolina Supreme Court review claims that a judge made an error in applying the law in the lower courts. The North Carolina Superior and District courts oversee the day-to-day functioning of the court system. North Carolina "Supreme Court justices, Court of Appeals judges, and Superior Court judges are nominated and elected by voters for eight-year terms. District Court judges are nominated and elected by the voters for four-year terms." ("How a judge becomes a judge," North Carolina Research Division 2006) the fact that justices are elected acts as an additional check upon their power to interpret the laws. Direct election adds a popular element, the citizen's collective voice, to the otherwise measured and considered process… READ MORE

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