Omar Bennett
The North Carolina Constitution has been amended 37 times since its ratification in 1971. The most recent amendments were passed on November 5, 2024, when voters approved four new amendments, including a controversial 'citizens-only' amendment that changed the state's constitution's language on who can vote in elections.
The North Carolina Constitution is the highest legal document for the state and outlines the framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 3 |
| First Constitution | 1776 |
| Second Constitution | 1868 |
| Third Constitution | 1971 |
| Number of Amendments | 37 |
| Last Amendment | November 5, 2024 |
| Amendment Process | Legislative or convention-referred constitutional amendment, both requiring voter approval |
| Legislative Action Requirement | Three-fifths majority in both houses of the General Assembly and a majority of popular votes |
| Convention-Referred Requirement | Voter approval |
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What You'll Learn
North Carolina's three constitutions
North Carolina has had three constitutions in its history: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971.
The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. The constitution was accompanied by a Declaration of Rights, which was ratified the day before. This version remained in place until 1835, when significant amendments were made at the Convention of 1835. These amendments included an increase in the number of members elected to North Carolina's House and Senate and a provision for the popular election of the governor for a two-year term. The governor had veto power, which allowed them to strike down any law they did not agree with, and they were responsible for keeping the interests of the British King in mind. However, the constitution affirmed the separation of power between the three branches of government, with the General Assembly holding the true power.
The Constitution of 1868 was a major reorganization and modification of the original into fourteen articles. It brought North Carolina back into the Union after the Civil War and was framed in accordance with the Reconstruction Acts. This version abolished slavery, provided for universal male suffrage, and made significant changes to the structure of the state's governmental branches. The 1868 Constitution was drafted by a Conference called for by Governor William W. Holden in 1865, which was rejected by a popular vote. It gave more power to the people and the governor, and for its time, it was considered a progressive and democratic instrument of government.
The current North Carolina Constitution, ratified in 1971, is the state's third constitution. This version is a minor consolidation of the 1868 Constitution and subsequent amendments. The process began with a study by the North Carolina State Bar in 1967, which outlined the needed changes and resulted in a draft that was approved by a vote of 393,759 to 251,132 in 1970. The 1971 Constitution has been amended multiple times, with the last amendments approved by voters on November 5, 2024. These amendments extend the rights of citizens or the government's abilities, such as the right to hunt, fish, and harvest wildlife, and the ability to issue bonds.
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Legislative action and conventions
The North Carolina Constitution can be amended through legislative action or a popular convention. The last time the constitution was amended by convention was in 1875.
In a legislative action, an amendment must pass by a three-fifths majority in both houses of the General Assembly and obtain a majority of the popular vote. The General Assembly is the body in which all legislative powers in North Carolina reside.
The North Carolina Constitution has been amended 37 times since its ratification in 1971, with the majority of these amendments extending the rights of citizens or the government's ability to issue bonds. The 1971 constitution was the third in the state's history, following the Constitution of 1776 and the Constitution of 1868. The first constitution was created in the wake of the American Declaration of Independence, while the second was framed in accordance with the Reconstruction Acts after North Carolina was readmitted into the Union following the Civil War. The 1971 constitution was drafted following a study by the North Carolina State Bar, which began in 1967 and outlined the need for changes. The draft constitution logically organized topics, updated the language, and separated out potentially controversial amendments. It passed the General Assembly in 1969 with only one negative vote in seven roll-call votes and was approved by popular vote in 1970.
On November 5, 2024, voters approved four new amendments to the North Carolina Constitution. One of these was a citizens-only amendment, which changed the state's constitution's language on who can vote in elections. The amendment read: "Constitutional amendment to provide that only a citizen of the United States who is 18 years of age and otherwise possessing the qualifications for voting shall be entitled to vote at any election in this State." While it was already illegal for non-citizens to vote in federal or state elections, this amendment was seen by some as unnecessary and as jeopardizing the right of naturalized citizens to vote.
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The 1971 Constitution
The current North Carolina Constitution, ratified in 1971, is the state's third constitution. It was drafted after a study conducted by the North Carolina State Bar, which investigated the required updates and reorganizations. The study, which began in 1967, outlined a more easily ratifiable document, logically organizing topics and omitting unconstitutional sections. The language and syntax were also updated and standardized. The draft constitution separated several amendments that were necessary but potentially controversial.
Since the 1971 Constitution, there have been numerous amendments. Notable amendments include setting the voting age at 18, allowing the governor and lieutenant governor to serve consecutive terms, and giving the governor the power to veto legislation passed by the General Assembly. The constitution has also been amended to prohibit all capitation and poll tax, create a state income tax, require the state to run a balanced budget, require judges to be lawyers, and prohibit convicted felons from holding the office of county sheriff.
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Amendments to voting laws
North Carolina has had three Constitutions: the Constitution of 1776, the Constitution of 1868, and the current Constitution of 1971. The current constitution has been amended 37 times, with 42 amendments since 1971. The North Carolina Constitution can be amended with a legislative or convention-referred constitutional amendment, both of which require voter approval.
In 2018, the following acts were passed to amend the North Carolina Constitution:
- An act to protect the right to hunt, fish, and harvest wildlife.
- An act to provide better protections for victims of crime.
- An act to ensure that the maximum tax rate on incomes does not exceed seven percent.
- An act to require photo identification to vote in person.
- 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.
- An act to establish a bipartisan board of ethics and elections enforcement.
In 2024, North Carolina voters considered a "citizens-only" voting amendment. This amendment would change the language in the state constitution to reiterate that only U.S. citizens who are 18 years of age and meet the other qualifications for voting are entitled to vote in North Carolina elections. Supporters of the amendment argued that it would shut the door on potential legal challenges and prevent non-citizens from voting. Opponents, including Democrats and advocacy groups, claimed that the amendment was unnecessary, as it is already illegal for non-citizens to vote, and that it may confuse naturalized citizens who are eligible to vote. The outcome of this proposed amendment is not yet known.
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Amendments to rights
North Carolina's first constitution was created in 1776, following the American Declaration of Independence. The first constitution was accompanied by a Declaration of Rights, which was ratified on December 18, 1776. The Declaration of Rights held many important powers for the people of North Carolina.
Article 1 of the Declaration of Rights allowed for popular sovereignty, stating that "all political power is vested in and derived from the people." Article 3 demanded equality, although this was only applicable to white men at the time. Article 9 guaranteed the right to a trial by jury and protection against arbitrary rule. Article 12 protected against unjust seizure, similar to the Fourth Amendment of the U.S. Bill of Rights. Article 15 declared freedom of the press, and Article 17 guaranteed the right to bear arms. Article 19 called for religious freedom, but with limitations—office holders, for example, had to be of the Protestant Christian religion.
Since the first constitution, there have been two major revisions and many amendments. The first constitution was substantially amended in 1835, with changes including fixing the membership of the Senate and House at 50 and 120, respectively, and making the office of Governor popularly elected. In 1868, a new constitution was adopted to bring the state back into the Union after the Civil War. This constitution was a major reorganization and modification of the original, consisting of 14 articles.
The current North Carolina Constitution was ratified in 1971 and has been amended several times. This version consists of 14 articles and reorganizes the state government, expanding the rights of citizens and sections of the government. The majority of the amendments to the 1971 constitution extend the rights of citizens, such as the right to public education and open courts. Other amendments include giving the governor veto power, prohibiting a person convicted of a felony from holding the office of county sheriff, and defining marriage as between one man and one woman.
The North Carolina Constitution can be amended through a popular convention or by legislation. The last time the constitution was amended by convention was in 1875. Most amendments are made through legislation, which requires a three-fifths majority in both houses of the General Assembly and a majority of the popular vote.
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Frequently asked questions
The current North Carolina Constitution has been amended 37 times. Since the Constitution of 1971, there have been 42 amendments.
North Carolina has had three Constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971.
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.
In 2018, there were several acts to amend the North Carolina Constitution, including to establish nonpartisan judicial merit commissions and to establish a bipartisan board of ethics and elections enforcement. In 2024, North Carolina voters passed a 'citizens-only' amendment, changing the state's constitution's language on who can vote in elections.
