Jonah Patel
The Constitution of North Carolina is the state constitution of North Carolina. The current version of the constitution, which was ratified in 1971, is the state's third constitution. The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. The North Carolina Constitution, like other state constitutions, is the highest legal document for the state and outlines the state's framework for governance, including the powers, structure, and limitations of the state government. The document begins with a preamble that emphasizes the role of the people of North Carolina in establishing a government conducive to their happiness and prosperity, and it has since been amended several times to expand the rights of citizens and the authority of the government.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 3 |
| First Constitution | 1776 |
| Current Constitution | 1971 |
| Number of Articles in Current Constitution | 14 |
| Number of Amendments to Current Constitution | 37-42 |
| Number of Propositions to Amend Constitution (1869-1968) | 97 |
| Requirements for Amending Constitution | Legislative or convention-referred constitutional amendment, both requiring voter approval |
| Legislative Body | General Assembly, consisting of a Senate and a House of Representatives |
| Senate Members | 50 |
| House of Representatives Members | 120 |
| Term Length for Senate and House of Representatives | 2 years |
| Oath Requirement | Oath or affirmation to support the Constitution and laws of the US and North Carolina |
| Governor's Residence | Seat of government of the state |
| Governor's Powers | Veto power, commander-in-chief of the militia, drawing and applying sums of money voted by the General Assembly, preparing and recommending a comprehensive budget to the General Assembly |
| Governor's Term Limit | 2 consecutive terms |
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What You'll Learn
- The North Carolina Constitution has had three iterations
- The first was created in 1776, the second in 1868, and the third in 1971
- The current version has 14 articles and has been amended 37 times
- The constitution is the highest legal document for the state
- It establishes the structure and function of the state government
The North Carolina Constitution has had three iterations
The Constitution of the State of North Carolina dictates the structure and function of the state government. As the highest legal document of the state, it is subject to federal judicial review. The North Carolina Constitution has had three iterations since the state's first constitution was created in 1776, after the American Declaration of Independence.
The first North Carolina Constitution of 1776 was ratified by the Fifth North Carolina Provincial Congress, accompanied by a Declaration of Rights. This constitution affirmed the separation of power between the three branches of government, but the General Assembly held the true power. The General Assembly selected judges, the governor, and members of the Council of State. Governors had a one-year term and were limited to three terms in every six years. The constitution also established a judicial branch, but its structure was not well-defined.
The second iteration of the North Carolina Constitution was framed in 1868, after North Carolina was readmitted to the Union following the Civil War. This version was a major reorganization and modification of the original, consisting of fourteen articles. It introduced townships, which each county was required to create, making North Carolina the only southern state to do so.
The current North Carolina Constitution was ratified in 1971 and has been amended over 20 times. This version is a consolidation of the 1868 constitution and subsequent amendments. A study conducted by the North Carolina State Bar in 1967 found that the previous constitution was difficult to interpret due to its many amendments. The 1971 constitution improved upon this by logically organizing topics and omitting unconstitutional sections. It also expanded the rights of citizens and the government's ability to issue bonds.
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The first was created in 1776, the second in 1868, and the third in 1971
The first North Carolina Constitution was created on December 18, 1776, after the American Declaration of Independence. The constitution was framed by a ""Congress," "elected and chosen for that particular purpose," which assembled at Halifax on November 12, 1776, and completed its work on December 18, 1776. It was not submitted to the people for ratification. The 1776 Constitution established the structure and function of the state government of North Carolina, affirming the separation of powers between the three branches of government. It also outlined the legislative authority, which was to be vested in two distinct branches: a Senate and a House of Commons. The Senate and the House of Commons were to be composed of representatives annually chosen by ballot.
The second North Carolina Constitution was established in 1868. This constitution was a major reorganization and modification of the original document and was framed in accordance with the Reconstruction Acts after North Carolina was readmitted to the Union. It introduced townships, which each county was required to create, making North Carolina the only southern state to do so.
The third and current North Carolina Constitution was ratified in 1971 and has 14 articles. This constitution was a minor consolidation of the 1868 constitution and subsequent amendments. The draft constitution logically organized topics and omitted obviously unconstitutional sections, resulting in a document that was easier to read and interpret. Since the ratification of the 1971 constitution, several significant amendments have been made, including prohibiting all capitation and poll tax, creating a state income tax, allowing the Governor and Lieutenant Governor to serve two consecutive terms, and giving the Governor veto power.
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The current version has 14 articles and has been amended 37 times
The Constitution of North Carolina is the highest legal document in the state, governing the structure and function of its government. The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. The current version, ratified in 1971, has 14 articles and has been amended over 20 times.
The 1971 Constitution was drafted by the North Carolina State Bar, which aimed to create a more easily ratifiable document. The draft logically organized topics and omitted unconstitutional sections. The language and syntax were updated and standardized, and several amendments that were deemed necessary but potentially controversial were separated from the main document. The main document passed the General Assembly in 1969 with only one negative vote in seven roll-call votes. On November 3, 1970, the proposed Constitution of 1971 was approved by a vote of 393,759 to 251,132.
Significant amendments made since the 1971 Constitution include prohibiting all capitation and poll tax, omitting the limitation on property tax of $0.20 per $100 valuation, creating a state income tax, allowing the Governor and Lieutenant Governor to serve two consecutive terms, requiring the state to run a balanced budget, requiring judges to be lawyers, adding and expanding Victims' Rights in the Declaration of Rights, giving the Governor veto power, prohibiting a person convicted of a felony from holding the office of county sheriff, and defining marriage as a union between one man and one woman.
The Constitution of North Carolina outlines the duties and responsibilities of the state's government and its officials. For example, the Governor is required to reside at the seat of government and provide the General Assembly with information on the state's affairs and recommended measures. The Governor also prepares and recommends a comprehensive budget for the state's anticipated revenue and expenditures, which is then administered by the General Assembly. The Lieutenant Governor, as President of the Senate, presides over the Senate but has no vote unless the Senate is equally divided. The Senate also elects a President Pro Tempore, who becomes President of the Senate in certain situations, such as the failure of the Lieutenant Governor-elect to qualify or the death of the President of the Senate.
The Constitution also establishes the rights of the people of North Carolina, including the right to vote. It states that all elections by the people shall be by ballot, and all qualified voters who are 21 years of age or older shall be eligible for election to office. Additionally, it affirms the equality and rights of persons, stating that all persons are created equal and endowed with certain inalienable rights, including life, liberty, and the pursuit of happiness.
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The constitution is the highest legal document for the state
The Constitution of the State of North Carolina is the highest legal document for the state. It governs the structure and function of the state government and is supreme over North Carolina law. The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. Since then, there have been two major revisions and many amendments. The current constitution was ratified in 1971 and has 14 articles.
The North Carolina Constitution has undergone several significant amendments since 1971. These include prohibiting all capitation and poll tax, creating a state income tax, allowing the Governor and Lieutenant Governor to serve two consecutive terms, requiring the state to maintain a balanced budget, requiring judges to be lawyers, and adding and expanding the rights of victims in the Declaration of Rights.
The process of amending the North Carolina Constitution has varied over time. In 1861-1862, a convention was called to revise the constitution to remove North Carolina from the United States, and no vote of the people was required. However, in 1865, a new Constitution was proposed but rejected by popular vote. Since 1869, there have been 97 propositions for amending the Constitution, submitted to the voters of North Carolina.
The North Carolina Constitution includes a preamble that expresses the intentions and purpose of the document. While it is not legally binding, it sets the tone for the Constitution and affirms the equality and rights of all persons.
The Governor of North Carolina is required to take an oath to support the Constitution of the United States and of the State of North Carolina before assuming office. This oath underscores the importance and primacy of the Constitution as the foundation of the state's legal system.
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It establishes the structure and function of the state government
The Constitution of the State of North Carolina governs the structure and function of the state government. It is the highest legal document for the state and subjugates North Carolina law. The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. This version of the state constitution remained in place until 1835, when significant amendments were made at the Convention of 1835. The amendments included an increase in the number of members elected to North Carolina's House and Senate, and a provision calling for the popular election of the governor for a two-year term.
The Constitution of 1868 resulted from a federal mandate requiring North Carolina and other former Confederate states to bring their laws into conformity with U.S. federal law. The 1868 version of the state constitution abolished slavery, provided for universal male suffrage, and made other significant changes to the structure of North Carolina's governmental branches. The North Carolina Constitution of 1971 is the current version of the statute constitution. The updated state constitution was the result of a series of proposals made by the North Carolina State Constitution Study Commission, a group of state political leaders and attorneys assembled to study other state constitutions and current federal law in order to make recommendations for modernizing the North Carolina Constitution.
The Constitution of 1971 has had over twenty amendments since its ratification. Notable amendments include prohibiting all capitation and poll tax, creating a state income tax, allowing the governor and lieutenant governor to serve two consecutive terms, requiring judges to be lawyers, and giving the governor veto power. The governor is vested with all executive authority in Article III. The duties of the governor are defined, as is the process of succession, should the governor die or become incapacitated. Holders of the governor office are limited to two consecutive terms. The Council of State, a cabinet-like body, is filled with eight popularly elected officials, in addition to the governor and lieutenant governor.
The North Carolina Constitution also establishes the General Assembly, which is the state legislature. The General Assembly was the only state body with elected officials until 1836. The General Assembly picks the members of the Council of State and the judges. The constitution established a judicial branch but did not well define its structure. The 1868 Constitution provided for universal male suffrage, but amendments to the state constitution in the years following walked back some of these provisions, including the 1900 addition of a literacy test and a poll tax as requirements for voting.
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Frequently asked questions
Yes, the North Carolina Constitution has a preamble. It was created in 1776 after the American Declaration of Independence and has since been revised twice and amended multiple times. The current version, ratified in 1971, is the third constitution for the state.
The preamble of the North Carolina Constitution establishes the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It also outlines the state's commitment to the preservation of the American Union and the recognition of civil, political, and religious liberties.
Since the 1971 constitution, significant amendments have included prohibiting all capitation and poll tax, creating a state income tax, allowing the Governor and Lieutenant Governor to serve two consecutive terms, requiring judges to be lawyers, and adding Victims Rights to the Declaration of Rights.
