Legal Research on the Constitution of North Carolina

     

An. n, § 3

Cons'ri'i'ii'rioa oi= NORTH CARoHNA

.m. 11, § 5

Sec. 3. Senate districts; aft/vortimuiwnl of Senators. The Senators shall he elected
from districts. The (ieneral Asseinhly, at the first regular session convening after

the return of every decennial census of popul

ation taken hy order of Congress, shall

revise the senate districts and the apportionment of Senators among those districts,

suhject to the following requirements:

(1 ) liacli Senator shall represent, as ne:

trly as may he, an equal number of inhab-

itants. the niimher of inhahitants that each Senator represents being determined
for this purpose hy dividing the population of the district that he represents hy
the niimher of Senators apportioned to that district;

(2) liach senate district shall at all time

s consist of contiguous territory;

(3) No county shall he divided in the formation of a senate district;

(1) \Vhen estahlished. the senate

districts and the apportionment of Senators

shall remain unaltered until the return of another decennial census of population

taken hy order of Congress.

Editor's Note. _-. The provisions of this
section are similar to those of Art. ll, § ‘1,
(Must. 1911s, as amended in 187341 and
11.1118, and the cases in the following aiino
tation “ere decided under that section.

Reapportionment is a political question

and not a judicial one. Leonard v. Max-
\\'ell_ 2n; .\‘.(‘. so, :: $19,124 am (19:10).

Unconstittitional Apportionment. » Sec

l)riun v. Sean'ell, tI-ltl l7. Supp. 877 (l\l.l).
Nt‘. Hum, :ii'r‘d, man its. szn, an S. Ct.
tear. in 1.. till. 2d 52th (tom).

Sec. 4. Number of It’e/irmeiiIatiz'er. The llouse of Representatives shall he corn—
powd of l20 Re]iresentatives, hiennially chosen hy hallot.

Cross Reference. See note to § 5 of
this article.
Editor‘s Note. _, The provisions of this

section are similar to those of Art. 11, § 5,
Const. 1868, as amended in 1872-3, 1962
and 11.1138.

Sec. 5. Ii’e/‘i'esciilalive districts; (if/VH'HMHHUH! of lt’C/irexenfiilir'es. The Repre-

sentatives shall he electt
session Convei

~d from districts. The General .r‘\sscmhly, at the first regular
iing after the return of every decennial census of population taken

hy order of Congress. shall revise the representative districts and the apportionment

of Representatives

among those districts. siihject to the followingr requirements:

(1) liach lx‘epresentaiive shall represent. as nearly as may he, an equal niimher
of inhahitants. the inimher of inhahitants that each lx‘epresentative represents heincr
determined for this purpose hv dividing the population of the district that he repre—

sents luv the niimher of Re]n‘esentatives

apportioned to that district:

t3) liach representative district shall at all times consist of contiguous territory:
(3') No county shall he divided in the formation of a representative district ‘.

(4) \Vhen estahlishcd, the representative
red until the return of another decennial census of

resentatives shall remain iiualte
population talten h)’ order of Congress.

Cross Reference. fl For implementing
statute, see (3.8. § 163112.
Editor’s Note. #» The provisions of this

section are similar to those of Art. ll, § t‘i.
Const. 181351, as amended in 1068. The case
cited in the following annotation construed
that section and Art. ll, § 3 Const. 1868.
as amended. which corresponded to § 4 of
this article.

Obligation of the State is to apportion as
nearly equally as possible on a population
based representation, and even minor devi-
ations must he free from any taint of ai'hi-
trariness or discrimination. Drum v. Sca—
\\('ll, 311‘.) 1“, Supp. s77 (1\t.1).N.C. 19135),
at‘i‘n. 2:in 11$. sat, at; S. Ct. 122:7, 16 1..
142d. Izrt was (Imam.

Statistical Tests Used in Evaluating
State‘s Efforts at Equal Apportionment——
The Supreme Court, \vhile rejecting a rigid

districts and the apportionment of Rep—

application of a mathematical formula, has
laid down to o statistical tests in evaluating
the State's “honest and good faith effort
to construct districts as nearly of equal.
population as is practicahle.” First, the
minimum controlling percentage, i.e., the
percentaue of the State's population which
resides in the least populous districts which
can elect a majority of each House; and
second, the population variance ratio, i.e.,
the ratio hetxveen the most populous dis-
trict and the least populous district of the
State. Ilium v. Seaivell. 31‘.) l’. Supp. 877
t.\l.l)..\".(‘, iwm, aff'd, ziszi 11.3. run, an
s. (‘1. mat, to 1.. lid. tut ens (isms).
Guide Lines to Assist Lower Courts in
Implementing Constitutional Guaranties of
Suffrage.—A’lhe equal protection clause re-
quires substantially equal representation for
all citizens in a state in each of the two

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Art. ll. § 12 CONS'I‘ITI'TION 01? NORTH CAROLINA Art. II, § 17

1071, designated the provisions of this sec-
tion as it appeared in Session Laws 1969,
1258, as subsection (1) and added sub-

-Z:. by the Convention of

 

amended in Is
1873 and in 12131..

The amendment of this section adopted c.
by vote of the people at the general elec— section (2).
tion held Nov. 21, 1970, effective July 1,

Sec. 12. (Mill of memberx. liach member of the General Assembly, before taking
his seat. shall take an oath or affirmation that he will support the Constitution
and laws of the United States and the Constitution of the. State of North Carolina,
and will faithfully discharge his duty as a member of the Senate or House of Repre—
seutatives.

Editor’s Note. ’I‘he provisions of this
section are similar to those of Art. ll, §
21, Const. 1868.

Sec. 13. President of the Senate. The Lieutenant Governor shall be President
of the Senate and shall preside. over the Senate, but shall have no vote unless the
Senate is equally divided.

Editor's Note. ~v The provisions of this
sertion are similar to those of Art. II, §
10, Const. was.

Sec. 14. Other officers 0f the Senate.

(1) [’rt'xidrnl I’m Tent/wire - .rm'rersion ft) presidency. The Senate shall elect

from its membership :1 President Pro Tempore, who shall become President of the
Senate upon the failure of the Lieutenant Governor—elect to qualify, or upon succes—
sion by the Lieutenant Governor to the office of Governor, or upon the death, resig—
nation, or removal from office of the President of the Senate, and who shall serve
until the expiration of his term of office as Senator.
13) [’rexidenl I’m 'l‘enI/mre — teiiipmury .s‘m‘eession. During the physical or men—
tal incapacity of the l’resident of the Senate to perform the duties of his office,
or during the absence of the President of the Senate, the President Pro Tempore
shall preside over the Senate.

(3) Other officers. The Senate shall elect its other officers.

Editor's Note. 7—7 ’l‘he provisions of this
section are similar to those of Art. II, §
:30, (‘onsL 1865‘, as amended in 19623.

See. 15. (Win rs of the Home of Representatives. The House of Representatives

shall elect its Speaker and other officers.
Editor’s Note. m The provisions of this

s'etion are similar to those of Art. ll, {;

as, (bust. lal'm.

ex. The members and officers of the General

Assembly shall receive for their servrces the compensation and allowances pre—
scribed by law. An increase, in the compensation or allowances of members shall
become effective at the beginning.r of the next regular session of the Gene'al ASSCnl-
bly following the session at which it was enacted.

Sec. 16. (font/wuw/inn and (ll/UTUHHC

Editor’s Note. »—— The provisions of this tion of 187.3 and amended in 1028, 1950,
section are similar to those of Art. II, § 1956 and 1068.
28, Const. 1868, as added by the Conven— .

Sec. 17. Journals. Each house shall keep a journal of its proceedings, which
shall be printed and made public immediately after the adjournment of the General

Assembly.
Editor's Note. .-_ The provisions of this
section are similar to those of Art. 11, §

16. Coust. 1808.

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