Simone Lawson
The North Carolina Constitution has been amended several times since its ratification in 1971. The people of North Carolina reserve the right to amend their constitution, and this can be done through a popular convention or legislative action. The latter is the most common method, with amendments requiring a three-fifths majority in both houses of the General Assembly and a majority of the popular vote. Since the 1971 ratification, there have been over 20 amendments, with the majority extending citizens' rights or the government's ability to issue bonds.
| Characteristics | Values |
|---|---|
| Number of Amendments | 42 since the 1971 Constitution |
| Number of Constitutions | 3 |
| First Constitution | 1776 |
| Second Constitution | 1868 |
| Third Constitution | 1971 |
| Number of Amendments to the 1971 Constitution | Over 20 |
| Amendment Process | Legislative or convention-referred constitutional amendment |
| Legislative Amendment Requirement | Three-fifths majority in both houses of the General Assembly and a majority of the popular vote |
| Convention-Referred Amendment Requirement | Majority of votes cast by qualified voters |
| Voter Approval | Required for both legislative and convention-referred amendments |
| Powers Reserved to the People | Right to amend the Constitution and adopt a new or revised Constitution |
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What You'll Learn
- The North Carolina Constitution has been amended 37 times since 1971
- Amendments are proposed by the General Assembly or a Convention of the People
- Amendments require a majority of the popular vote to pass
- Amendments can extend the rights of citizens
- The first North Carolina Constitution was created in 1776
The North Carolina Constitution has been amended 37 times since 1971
The 1971 Constitution was further amended to clarify the purpose and operations of the state government, removing ambiguities and sections that conflicted with the U.S. Constitution. The 1971 Constitution has been amended multiple times since its ratification, with the majority of amendments extending the rights of citizens or the government's abilities. Notable amendments include setting the voting age at 18, allowing the governor and lieutenant governor to serve two consecutive terms, and protecting the right to hunt, fish, and harvest wildlife.
The process of amending the North Carolina Constitution is outlined in Article 13 of the constitution itself. Amendments can be proposed by the General Assembly or by a Convention of the People. In both cases, the proposed amendments must be submitted to the qualified voters of the state for their ratification or rejection. If a majority of the votes cast are in favor of the amendment, it becomes effective on January 1st of the following year, unless a different date is specified.
The North Carolina Constitution, like other state constitutions, is a fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The constitution incorporates constitutional amendments into the document, resulting in a more cohesive and easily interpretable text compared to the U.S. Constitution, which only appends amendments.
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Amendments are proposed by the General Assembly or a Convention of the People
The North Carolina Constitution grants the people of the state the power to amend the Constitution and adopt a new or revised Constitution. This power can be exercised through two methods: a Convention of the People or the General Assembly.
A Convention of the People can be called to propose a new or revised Constitution or to suggest amendments to the existing Constitution. This convention can only be called with the agreement of two-thirds of the members of each house of the General Assembly. The proposition must then be submitted to the voters, and if a majority of votes are in favour of a convention, it will assemble on the prescribed day. The convention will propose limitations on its authority, which will become binding if supported by a majority vote. Amendments adopted by the convention are submitted to the voters of the state, and if ratified, they become effective on January 1st of the following year, unless a different date is prescribed.
The General Assembly can also propose amendments to the Constitution. However, this can only occur if three-fifths of the members of each house adopt an act submitting the proposal to the voters for their ratification or rejection. If a majority of votes are in favour of the proposed amendment, it becomes effective on January 1st of the following year, unless a different date is specified.
The General Assembly consists of a Senate and a House of Representatives, with 50 and 120 members, respectively. Each member of the General Assembly must take an oath to support the Constitution and laws of the United States and North Carolina before taking their seat. The Lieutenant Governor is the President of the Senate and presides over it but has no vote unless there is a tie.
Historically, the General Assembly has been the primary initiator of proposed amendments. From 1869 to 1968, 97 propositions for amending the Constitution were submitted to the voters of North Carolina, with 69 being ratified and 28 rejected. The last time the constitution was amended by convention was in 1875. Notable amendments since the Constitution of 1971 include prohibiting certain taxes, extending the rights of citizens, and preventing the recognition of same-sex marriage.
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Amendments require a majority of the popular vote to pass
The North Carolina Constitution grants the people of the state the power to amend it. This power can be exercised by two methods:
- Revision or amendment by Convention of the People: A Convention of the People of North Carolina may be called to propose a new or revised Constitution or constitutional amendments. Every new or revised Constitution and every constitutional amendment adopted by a Convention shall be submitted to the qualified voters of the State. If a majority of the votes cast are in favor of ratification, it shall become effective on January 1st of the next year unless a different effective date is prescribed in the act submitting the proposal to the voters.
- Revision or amendment by legislative initiation: A proposal of a new or revised Constitution or an amendment to the Constitution may be initiated by the General Assembly, but only if three-fifths of all the members of each house adopt an act submitting the proposal to the qualified voters of the State for their ratification or rejection. The proposal shall be submitted at the time and in the manner prescribed by the General Assembly.
In the case of North Carolina Amendment 1, which banned same-sex marriage in the state, the amendment was passed by a vote of 61% to 39% on May 8, 2012, and took effect on May 23, 2012. This amendment was later found to be unconstitutional in federal court in October 2014.
It is worth noting that the requirements for a majority vote can vary depending on the specific type of amendment. For example, North Carolina statutes require a supermajority of 4/5 or 80% for variances and amendments of development regulations. Additionally, North Carolina requires a 60% vote in each legislative chamber during a single legislative session to refer a constitutional amendment to the ballot.
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Amendments can extend the rights of citizens
The North Carolina Constitution has been amended several times to extend the rights of its citizens. The state has had three constitutions: in 1776, 1868, and 1971. The first constitution was created after the American Declaration of Independence, and it has since undergone two major revisions and numerous amendments.
The 1971 constitution, which is the current version, has been amended 42 times since its ratification. Each version of the state constitution has expanded the rights of citizens and sections of the government. For example, in 1995, the constitution was amended to grant the governor the power to veto legislation, a right that was previously denied. North Carolina was the last state to extend this power to its governor.
The North Carolina Constitution also includes a Declaration of Rights, which holds many important powers for the people of the state. This includes popular sovereignty, with Article One stating that "all political power is vested in and derived from the people." Other rights include equality, the right to a trial by jury, protection against arbitrary rule, freedom of the press, the right to bear arms, and religious freedom.
The people of North Carolina also have the right to education, as stated in the state constitution. It is the duty of the state to guard and maintain this right. The constitution also includes provisions for the rights of accused persons in criminal prosecutions, such as the right to be informed of the accusation, to confront accusers and witnesses, and to have counsel for defence.
Amendments to the North Carolina Constitution can be proposed by the General Assembly or by a Convention of the People. For amendments proposed by the General Assembly, they must be submitted to the qualified voters of the state for their ratification or rejection. Amendments proposed by a Convention of the People are also submitted to the qualified voters of the state for their approval.
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The first North Carolina Constitution was created in 1776
The 1776 Constitution was drafted by a Congress, which was "elected and chosen for that particular purpose." It was debated for only three days before being passed like law. The final version of the constitution was adopted by the legislature without further input from the people of the state. The constitution explicitly affirmed the principle of the separation of powers and identified the familiar three branches of government: executive, legislative, and judicial.
The legislative branch was given the greatest power and was responsible for making laws, as well as appointing all state executives and judges. The legislative authority was vested in two distinct branches, both dependent on the people: a Senate and a House of Commons. The Senate was to be composed of representatives annually chosen by ballot, one for each county in the state. The House of Commons was to be composed of representatives annually chosen by ballot, two for each county and one for each of several towns.
The 1776 Constitution also included a Declaration of Rights, which was ratified the day before the Constitution. This Declaration featured 25 sections, including the right to a trial by jury, protection against arbitrary rule, the right against unjust seizure, freedom of the press, the right to bear arms, and religious freedom (with limits). The Declaration of Rights was expanded over time.
Since the creation of the first North Carolina Constitution, there have been two major revisions and many amendments. The Constitution was substantially amended in 1835 to strengthen it and improve the political system it created. The Constitution was also revised in 1868 and 1971, with the current form being ratified in 1971. These revisions and amendments demonstrate that the North Carolina Constitution is a living document that can be changed to meet the evolving needs of the state and its people.
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Frequently asked questions
The current North Carolina Constitution has been amended 37 times since its ratification in 1971. This is North Carolina's third constitution, with the first created in 1776 and the second in 1868.
The North Carolina Constitution can be amended with a legislative or convention-referred constitutional amendment, both of which require voter approval. Amendments can be proposed by the General Assembly or by a Convention of the People.
For a legislative amendment, the proposal must pass by three-fifths in both houses of the General Assembly and obtain a majority of the popular vote. For a convention-referred amendment, the proposal is submitted to the qualified voters of the state at the time and in the manner prescribed by the convention.
Amendments become effective on January 1st of the year following ratification by the voters, unless a different date is prescribed in the act submitting the proposal to the voters.
Examples of amendments to the North Carolina Constitution include providing better protections for victims of crime, establishing a bipartisan Board of Ethics and Elections Enforcement, and requiring photo identification to vote in person.
