Isabella Carter
North Carolina has had three Constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971. The current North Carolina Constitution has been amended 37 times, with over 20 of these amendments occurring since 1971. The most recent amendments were approved on November 5, 2024, when four new amendments were added. This article will explore the history of the North Carolina Constitution and its amendments, including the process of amendment and the content of some notable amendments.
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What You'll Learn
Amendments to protect the right to hunt, fish, and harvest wildlife
The North Carolina Right to Hunt and Fish Amendment was on the ballot in North Carolina as a legislatively referred constitutional amendment on November 6, 2018, and was approved by voters. This amendment was designed to protect the right of the people to hunt, fish, and harvest wildlife, which is considered a valued part of the state's heritage.
The full text of the amendment states:
> "Sec. 38. Right to hunt, fish, and harvest wildlife. The right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good. The people have a right, including the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to laws enacted by the General Assembly and rules adopted pursuant to authority granted by the General Assembly to (i) promote wildlife conservation and management and (ii) preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife."
The amendment subjects the right to hunt, fish, and harvest wildlife to statutes that promote wildlife conservation and management, and preserve the future of these activities. It also declares that hunting and fishing are the preferred means of managing and controlling wildlife in North Carolina.
The passage of this amendment reflects a broader trend in the United States, with 21 states having constitutional provisions protecting the right to hunt and fish as of 2018. Vermont was the first state to constitutionalize this right in 1777, and other states have followed suit since 1996. The recognition and protection of the right to hunt, fish, and harvest wildlife are seen as a way to preserve America's outdoor traditions and ensure responsible stewardship of natural resources.
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Amendments to protect victims of crime
The North Carolina Constitution has been amended several times to provide protections and safeguards for victims of crime. Here are some key amendments and their impact on victims' rights:
Amendment Establishing Rights for Victims of Crime (1996)
In November 1996, North Carolina voters approved an amendment to the State Constitution by adding Section 37 to Article 1, known as the Declaration of Rights. This amendment established several basic rights for victims of crime, including:
- The right to be informed of and present at court proceedings of the accused.
- The right to be heard at sentencing and other times as prescribed by law or deemed appropriate by the court.
- The right to receive restitution.
- The right to receive information about the crime, the criminal justice system, victims' rights, and available services.
- The right to receive information about the conviction, final disposition, and sentence of the accused.
Amendment for Better Protections and Safeguards for Victims of Crime (2018)
In 2018, Session Law 2018-110 was enacted to further amend the North Carolina Constitution and enhance protections for victims of crime. While the specific changes made are unclear, this amendment aimed to provide better protections and safeguards for victims.
Other Relevant Amendments
The North Carolina Constitution has been amended 37 times since its ratification in 1971, with 42 amendments in total as of 2023. Some other amendments indirectly impact victims' rights by shaping the state's governance and criminal justice system:
- Veto Power for the Governor (1995): This amendment allowed the governor to veto legislation in specific circumstances, giving them a check on the legislative power.
- Establishing a Bipartisan Board of Ethics and Elections Enforcement (2018): This amendment established a bipartisan board to enforce ethics and elections laws, promoting fair and transparent practices that can indirectly impact victims' rights.
- Right to Hunt, Fish, and Harvest Wildlife (2018): While not directly related to victims' rights, this amendment showcases the diverse range of rights protected by the North Carolina Constitution.
The process of amending the North Carolina Constitution typically occurs through legislative action, requiring a three-fifths majority in both houses of the General Assembly and a majority of the popular vote. These amendments demonstrate the state's commitment to protecting the rights of victims and improving the criminal justice system's response to those impacted by crimes.
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Amendments to limit income tax rate to 7%
The North Carolina Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government. The current North Carolina Constitution, ratified in 1971, is the state's third constitution. It has been amended 37 times, with voters approving four new amendments on November 5, 2024, bringing the total number of amendments to 42.
One of the amendments passed in 2024 seeks to limit the maximum income tax rate to 7%. This amendment, known as the North Carolina 5% Maximum Income Tax Rate Cap Amendment, was introduced as Senate Bill 920 and passed the State Senate with Republicans in favor and Democrats opposed. The amendment proposes to reduce the maximum income tax rate from 7% to 5%.
The proposal to cap the income tax rate at 5% has been a topic of discussion among North Carolina lawmakers for several years. In 2023, the state income tax rate was 4.75%, and it was lowered to 4.5% in 2024. Further reductions are planned, with the rate expected to reach 3.99% by 2025 or 2026. While the rates remain below the constitutional cap, proponents of the 5% cap aim to safeguard against future tax increases. They argue that a constitutional amendment would protect the paychecks of North Carolinians and provide strong protection against future legislatures seeking to increase taxes.
However, there is opposition to the proposed amendment. Democrats have warned of potential budgeting issues and financial pressures the state may face due to continued tax cuts. They argue that the tax cuts could exacerbate the state's financial challenges and result in a loss of revenue for the state, making it more unequal. The North Carolina NAACP also sued the state over the amendment, arguing that the legislature lacked the authority to put it on the ballot due to racially gerrymandered districts. This case remains unresolved.
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Amendments to require photo ID to vote in person
The North Carolina Constitution, first created in 1776 after the American Declaration of Independence, has been amended 37 times since its ratification in 1971. The most recent amendments were approved on November 5, 2024, when voters approved four new amendments.
One of these amendments, Session Law 2018-128, requires photo identification to vote in person. This amendment is one of the ways in which the North Carolina Constitution can be amended, either by popular convention or through legislation. In the case of Session Law 2018-128, it was amended through legislation, which requires a majority of the popular vote in addition to a three-fifths majority in both houses of the General Assembly.
The requirement for photo identification to vote in person is one of several measures implemented by the North Carolina government to ensure the security and integrity of the voting process. Other measures may include voter registration, voting machine security, and voter education. By requiring photo identification, the government aims to prevent voter fraud and ensure that only eligible citizens cast their votes.
This amendment has been a subject of debate and controversy, with some arguing that it is a necessary measure to secure the voting process and prevent fraud. Others have criticized it, claiming that it may disenfranchise voters who may not have access to or face challenges in obtaining the required photo identification. There are also concerns about the potential impact on minority groups, the elderly, and individuals with lower incomes, who may face additional barriers to obtaining the necessary identification.
To address these concerns, the government has likely implemented or considered implementing measures to ensure accessibility and provide support to individuals who may face challenges in obtaining photo identification. This could include providing alternative forms of identification, offering free or low-cost identification services, and conducting voter education and outreach programs to ensure that all eligible citizens can exercise their right to vote.
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Amendments to establish bipartisan boards for ethics and elections enforcement
The North Carolina Constitution was last amended in 2022, and it has been amended 42 times since the Constitution of 1971. The state constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
One of the amendments passed in 2018 was the "Bipartisan Board of Ethics and Elections Enforcement." The amendment proposed to change the State Board of Elections and Ethics Enforcement's makeup and the way its members are appointed. The amendment changed the board from having nine members to eight, with half Democrats and the other half Republicans. It also shifted the power to appoint members from the governor to legislative leaders.
Supporters of the amendment, such as Rep. Davis Lewis, a Harnett County Republican, argued that it would bring needed bipartisanship to a divided board and prevent overreach by a governor. The bill creating the amendment was passed along party lines, with critics arguing that it would create deadlocks that would hinder the enforcement of campaign finance and election laws.
The ballot question for the amendment was:
> "Constitutional amendment to establish an eight-member Bipartisan Board of Ethics and Elections Enforcement in the Constitution to administer ethics and elections law."
The amendment was approved by voters in the statewide general election in November 2018 and became effective on March 1, 2019.
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Frequently asked questions
The current North Carolina Constitution, ratified in 1971, is the state's third constitution and has been amended 37 times. Since the Constitution of 1971, there have been 42 amendments.
The North Carolina Constitution can be amended with a legislative or convention-referred constitutional amendment, both of which require voter approval. In a legislative action, an amendment must pass by three-fifths in both houses of the General Assembly and also obtain a majority of the popular vote. The last time the constitution was amended by convention was in 1875.
Here are some examples of North Carolina Constitutional Amendments:
- An Act to Protect the Right to Hunt, Fish, and Harvest Wildlife
- An Act to Provide Better Protections and Safeguards to Victims of Crime
- An Act to Establish a Bipartisan Board of Ethics and Elections Enforcement
- An Act to Provide for Nonpartisan Judicial Merit Commissions for the Nomination and Recommendation of Nominees when Filling Vacancies in the Office of Justice or Judge
The North Carolina Constitution outlines several rights, including:
- The right to a public education
- The right to open courts
- The right to a trial by jury
- Freedom of the press
- The right to bear arms
- Religious freedom
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