Many companies require their employees to sign an employment contract with specific requirements and guarantees. They hold the employee responsible for ensuring they clearly understand the expectations for the position they hold and what they owe to the company that will be paying them, as well as what the company is obligated to do for the employee. These contracts are critical for transparency and accountability. They set the standards to be measured against.
The longest standing “employment contract” in our state is the North Carolina Constitution. I believe this is the best contract I have ever reviewed. It is the agreement between the people and those who requested to serve the people, either by ballot or application; and it is only about 32 pages long. In reality, it is more than a contract. It is an express irrevocable trust! Anyone who knows trust law knows the components and are able to align them with this document.
You must read only as far as the Preamble to realize it. In a trust, there are grantors (“We the People”), beneficiaries (“us and our posterity”), and trustees (“better government”). The Declaration of Rights details what is preserved from government control and details additional restraints on government officials. It also identifies the people as trust protectors (Article I, Section 2 & 3). I would be surprised if many North Carolinians know they have a duty to be a protector of this trust in addition to being a beneficiary, but it is written for all to confirm.
The rest of the document details instructions to those who serve, so we are all on the same page as any other employment contract. Article II applies to the legislature, Article III to the executive, Article IV to the judicial, and the separation of the three is also clearly stated in Article I, Section 6. All those in the three “branches” are informed by this document of who is responsible for what functions. Those functions are expanded upon through the legislative acts detailing the procedures those serving must follow. Finance is covered by Article V, suffrage and eligibility to office in Article VI, and local government in Article VII… ending at Article XIV — titled Miscellaneous.
The assurances in Sections 7 and 8 of Article VII are there to cover all people regardless of whether they are “entitled” to vote or not. This is where the “contract” gets interesting. Section 7, titled, “Oath,” requires all those serving in a government position that are elected or appointed to take a specific oath of office. That oath is the acknowledgment of the contract and requires the one who will have duties to confirm they will “faithfully discharge their duties.”
Faithfully is defined as “Conscientious diligence or faithfulness, adequate to due execution of object of bailment, or just regard of adherence to duty, or due observance of undertaking of contract…Truthfully, sincerely, accurately…As used in bonds of public and private officers, this term imports not only honesty, but also a punctilious discharge of all the duties of the office, requiring competence, diligence, and attention, without any malfeasance or nonfeasance, aside from mere mistakes.” Don’t you just love the word “punctilious”?
I believe this word should be in every employment contract! Punctilious means “showing great attention to detail, precision, and correct etiquette or behavior.” These types of words reflect the gravity of the “employment contract.” They highlight the character of the person required to take this oath and vow their allegiance to the people they serve. It also allows the people under Article I, Section 6 to know they have a duty to hold those who took the oath accountable to the highest standard.
This is becoming more common as people learn the truth about our state constitution. It is also highlighted in the fact that North Carolina State Auditor Dave Boliek continues to investigate and publish reports pertaining to tips they have received about various government subdivisions. This year alone, the state auditor has put out 20 reports, with many more on the way. Just as any employer should do, “We the People” must know what the contract says, what our duties are as the employer, and what the government officials and employees agreed to when accepting the contract under oath!
I hope this gives you another way to look at our state constitution and encourages all North Carolinians to honor their duty to ensure our state functions as intended.