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Constitution of North Carolina

ARTICLE II Legislative

Sec. 20. Powers of the General Assembly.

Each house shall be judge of the qualifications and elections of its own members, shall sit upon its own adjournment from day to day, and shall prepare bills to be enacted into laws. The two houses may jointly adjourn to any future day or other place. Either house may, of its own motion, adjourn for a period not in excess of three days.

History Note. - The provisions of the first two sentences of this section are similar to those of Art. II, § 24, Const. 1868.


Effect of Section. - This section withdraws from the consideration of the courts the question of title involved in a contest for a seat in the General Assembly. State ex rel. Alexander v. Pharr, 179 N.C. 699, 103 S.E. 8 (1920); State ex rel. Bouldin v. Davis, 197 N.C. 731, 150 S.E. 507 (1929), decided under Art. II, § 22, Const. 1868.

Budget Process. - The Constitution mandates a three-step process with respect to the State's budget: (1) N.C. Const., Art. III, § 5(3), directs that the "Governor shall prepare and recommend to the General Assembly a comprehensive budget . . . for the ensuing fiscal period"; (2) this Article vests in the General Assembly the power to enact a budget (one recommended by the Governor or one of its own making); and (3) after the General Assembly enacts a budget, N.C. Const., Art. III, § 5(3), then provides that the Governor shall administer the budget "as enacted by the General Assembly." In re Powers, 295 S.E.2d 589 (N.C. 1982).

Because the General Assembly did not intend, in passing G.S. § 105-113.4C, to retroactively limit the procedures and standard for review governing the question of diligent enforcement of an escrow statute, a business court's order compelling arbitration does not violate the separation of powers doctrine in N.C. Const., Art. I, § 6; Art. II, §§ 1 and 20; and Art. IV, § 1. State v. Philip Morris USA, Inc., 193 N.C. App. 1, 666 S.E.2d 783 (2008), review denied, stay denied, 363 N.C. 136, 676 S.E.2d 54 (2009).

Cited in Abbott v. Town of Highlands, 52 N.C. App. 69, 277 S.E.2d 820 (1981); State ex rel. McCrory v. Berger, 368 N.C. 633, 781 S.E.2d 248 (2016).

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