North Carolina Constitution Article VII, Local Government
North Carolina Constitution – Article VII: Local Government
Article VII of the North Carolina Constitution outlines the structure, powers, and governance of local governments, including counties, cities, and towns. It provides the legal framework for the organization and regulation of these local entities by the state.
Key Sections of Article VII:
Section 1 – General Assembly Authority Over Local Government
The General Assembly has broad authority to provide for the organization and government of counties, cities, towns, and other governmental subdivisions.
It may define their powers, duties, and responsibilities by general law.
The legislature can consolidate local governments and alter or abolish them as it sees fit.
Section 2 – Powers and Functions of Local Governments
The General Assembly may assign powers and functions to local governments.
These can include taxation, borrowing, and service delivery, but all are granted at the discretion of the state.
This reflects the Dillon Rule principle, meaning local governments in North Carolina can only exercise powers explicitly granted by the state.
Section 3 – Consolidation of Local Governments
The General Assembly may consolidate counties, cities, and towns, or their services.
Voter approval may be required in some cases, depending on the structure and the nature of the consolidation.
Important Concepts:
No Home Rule by Default: Local governments do not have inherent powers; they are creatures of the state.
The state legislature has complete control over the existence, structure, and authority of local governments unless otherwise restricted by the Constitution.
Why It Matters:
Article VII establishes a clear legal hierarchy where local governments operate under the authority of the state. This allows for uniformity across the state but also limits local autonomy.
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