Similarities: Both the state and federal systems adhere to the concept of separating powers among three branches of government: the legislative, executive, and judicial branches. This principle was influenced by the ideas of Enlightenment thinkers, such as Montesquieu, who believed in the importance of checks and balances to prevent the concentration of power in one branch.
Differences: North Carolina's 1776 constitution, like many other state constitutions of that time, placed more power in the legislative branch compared to the federal system. The General Assembly, which was the state's legislative body, had significant authority in making laws, levying taxes, and appointing officials. The executive branch, represented by the Governor, had limited power and was primarily responsible for implementing the laws passed by the legislature.
At the federal level, the United States Constitution established a more balanced system with three co-equal branches. The President, as the head of the executive branch, was granted specific powers, such as vetoing legislation and serving as Commander-in-Chief of the military. The judiciary, represented by the Supreme Court, was given the power of judicial review to interpret laws and the Constitution.
One significant check on power that was not present at the state level in North Carolina's 1776 constitution was an independent judiciary with the authority of judicial review. In the federal system, the judiciary has the power to review and determine the constitutionality of laws passed by the legislative branch. This principle was not explicitly included in many state constitutions at that time, including North Carolina's, which gave the state legislatures broader powers without the same level of scrutiny that the federal judiciary provided.
Overall, while both systems incorporated the principle of separating powers among branches, the federal system had a more balanced distribution of power, with checks and balances in place to prevent any one branch from becoming too dominant. In contrast, North Carolina's 1776 constitution leaned toward a stronger legislative branch, and the concept of judicial review was not yet fully established at the state level.