Articles Tagged with NORTH CAROLINA COURTS

Judicial independence is one of the defining principles of American government. It protects the courts from political retaliation, Judge seated at a courtroom bench wearing a black robe, symbolizing judicial independence, fairness, and impartiality in North Carolina’s court system. intimidation, and coercion, allowing judges to apply the law faithfully rather than bending to public opinion or private pressure.

Without judicial independence, due process would be hollow, and the rule of law would collapse under the weight of fear.

North Carolina’s judiciary stands as a separate and equal branch of government, tracing its power and authority from the state’s earliest constitutional conventions through modern statutes and precedent.

Due process is one of the most enduring phrases in the American constitutional tradition. It appears in the Fifth Amendment, binding the federal government, and in the Fourteenth Amendment, extending the guarantee to the states.

North Carolina’s Constitution also secures due process through Article I, Section 19, which provides that no person shall be deprived of life, liberty, or property except by the “law of the land.”

Far from being ornamental language, due process reflects a working system of legal discipline that reaches from Magna Carta through North Carolina’s founding conventions into the daily practice of its courts.

The Debate Over Ratification and the Demand for a Bill of Rights

In the aftermath of the 1787 Constitutional Convention, the proposed United States Constitution went to the states for approval. North Carolina emerged as a critical battleground in this ratification debate. Many North Carolinians were divided between Federalists, who supported the new Constitution as written, and Anti-Federalists, who feared it granted too much unchecked power to a central government.

The absence of a clear list of guaranteed individual rights in the federal Constitution became a focal point. North Carolina’s citizensBILL-OF-RIGHTS-NC IMAGE REPRESENTING NORTH CAROLINA had fresh memories of British abuses of power before and during the Revolutionary era. They worried that without explicit protections, such as safeguards against arbitrary searches and seizures or other infringements, a new federal government might oppress the people just as past tyrannies had. This concern for fundamental liberties set the stage for North Carolina’s insistence on a Bill of Rights.

This case is a reminder: if you’re raising a claim of sexual discrimination in jury selection, the challenge must be made clearly and at the right time—or it may be lost forever. The decision also highlights how hard it is to get relief on these issues after conviction.

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Courts, Legislation, and the Law.  North Carolina Law Talk Policy and Legal Issues 2016

North Carolina Law Talk Host, Bill Powers, and Raleigh Criminal Defense Lawyer John Fanney, discuss legal policy and trends in the courts of North Carolina.

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