Isabella Carter
The North Carolina 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. The people of North Carolina reserve the power to amend the Constitution, which can be done through a legislative or convention-referred process, both requiring voter approval. The primary method involves the General Assembly first passing a law by a three-fifths vote in both the House and Senate, followed by a statewide ballot vote. Alternatively, a Convention of the People can propose amendments, which are then submitted to the qualified voters of the state for ratification or rejection. Since the current constitution was ratified in 1971, there have been numerous amendments, with a focus on extending the rights of citizens and the government's abilities.
| Characteristics | Values |
|---|---|
| Number of amendments since 1971 | 37-42 |
| Number of state constitutions | 3 |
| First constitution | 1776 |
| Second constitution | 1868 |
| Third constitution | 1971 |
| Number of amendments proposed by the General Assembly from 1869-1968 | 97 |
| Number of amendments ratified by voters from 1869-1968 | 69 |
| Number of amendments rejected by voters from 1869-1968 | 28 |
| Number of amendments in 2024 | 4 |
| Primary way to amend constitution | Vote of qualified voters |
| Minimum vote required in House and Senate to propose an amendment | Three-fifths |
| Requirements for ratification | Majority of votes cast |
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What You'll Learn
Amendments by popular vote
The North Carolina Constitution, the state's highest legal document, has been amended several times since its ratification in 1971. The 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.
Amendments to the North Carolina Constitution can be proposed by the General Assembly or by a Convention of the People. In the former method, the General Assembly first passes a law by a three-fifths vote of the members of both the House and the Senate. This law puts an amendment to the Constitution on a statewide election ballot on a specified date, requiring voter approval. The Constitutional Amendments Publication Commission (CAPC) then prepares an explanation of the amendment in simple and commonly used language, along with a short caption for the ballot.
The Convention of the People method involves a convention of the people of North Carolina proposing amendments to the Constitution. This convention must consist of a number of delegates equal to the membership of the House of Representatives, with the delegates apportioned in the same way. Any 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 ratification, the amendment becomes effective on January 1st following ratification, unless a different date is prescribed.
Since the 1971 Constitution, there have been over 20 amendments, with the majority extending the rights of citizens or the government's ability to issue bonds. Notable amendments include prohibiting same-sex marriage, requiring photo identification for in-person voting, and establishing a bipartisan Board of Ethics and Elections Enforcement.
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Amendments by convention
The North Carolina Constitution can be amended with a convention-referred constitutional amendment, which requires voter approval. This process involves the following steps:
Firstly, a Convention of the People of North Carolina can be called to propose amendments to the Constitution. This convention is empowered to propose a new or revised Constitution, as well as amendments, and is composed of delegates elected by the qualified voters of the state. The number of delegates is equal to the membership of the House of Representatives in the General Assembly that submits the convention proposition.
Secondly, any new or revised Constitution, as well as any constitutional amendments adopted by the Convention, must be submitted to the qualified voters of the state for their ratification or rejection. The time and manner of this submission are prescribed by the Convention itself. If a majority of the votes cast are in favor of ratification, the amendments become effective on the first day of January following ratification, unless a different effective date is prescribed by the Convention.
The primary way to amend the North Carolina Constitution is by a vote of the qualified voters of the state. This typically begins with the General Assembly, which can initiate the proposal of a new or revised Constitution or constitutional amendments by adopting an act with a three-fifths majority in each house. This proposal is then submitted to the qualified voters of the state for their ratification or rejection at a specified time and in a manner prescribed by the General Assembly.
The process of amending the North Carolina Constitution through a convention-referred amendment ensures that any changes to the state's fundamental document governing the framework for governance are made with the direct approval of the people of the state. This democratic mechanism allows for the revision and improvement of the Constitution over time to reflect the evolving needs and values of North Carolina's citizens.
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Legislative amendments
Whenever the General Assembly passes a law that puts a constitutional amendment on the ballot, state law requires a meeting of the Constitutional Amendments Publication Commission (CAPC). The CAPC prepares an explanation of the amendment in simple and commonly used language, as well as a short caption for the ballot.
The people of North Carolina reserve the power to amend the Constitution and to adopt a new or revised Constitution. This power may be exercised by the methods set out in Article 13 of the Constitution, which outlines two methods for proposing amendments: by convention of the people or by proposal of the General Assembly.
Since the Constitution of 1971, there have been over 20 amendments, with the current constitution having been amended 37 times. Notable amendments include extending the rights of citizens, extending the government's ability to issue bonds, and preventing the recognition of same-sex marriage.
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Amendments to extend citizen rights
The North Carolina Constitution has been amended several times to extend citizen rights. The state's first constitution was created in 1776 after the American Declaration of Independence and has since undergone two major revisions and numerous amendments. The current version, ratified in 1971, includes 14 articles that outline the rights of citizens and the structure of the state government.
One notable amendment that extended citizen rights was the addition of Section 38 in 2018, which protects the right to hunt, fish, and harvest wildlife. This amendment was enacted through Session Law 2018-96. Another amendment, also from 2018, added a requirement for voter ID, which amended Article VI of the constitution. This change ensured that every person who is at least 18 years old, an American citizen, and a resident of North Carolina must have a voter ID to cast their vote.
The North Carolina Constitution has also been amended to provide better protections for victims of crime. Session Law 2018-110 outlines this amendment, which strengthens safeguards for those affected by criminal activities. Additionally, an amendment was made to limit the maximum tax rate on incomes to 7%, as outlined in Session Law 2018-119.
Amending the North Carolina Constitution primarily involves a vote by the state's qualified voters. The process begins with the General Assembly, which passes a law by securing a three-fifths majority vote from both the House and the Senate. This law then places the proposed amendment on a statewide election ballot for voter approval. When an amendment is put to a vote, the State law mandates a meeting of the Constitutional Amendments Publication Commission (CAPC). The CAPC prepares an explanation of the amendment in simple language and creates a short caption for the ballot.
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Amendments to extend government powers
The North Carolina Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government. It is the highest legal document for the state and has been amended several times to extend the government's powers.
The primary way to amend the North Carolina Constitution is through a vote by the state's qualified voters. The process begins with the General Assembly, which passes a law by a three-fifths vote of the members of both the House and the Senate. This law puts an amendment on a statewide election ballot, and if a majority of voters approve, the amendment is incorporated into the constitution. This process has been used to extend the government's powers in various areas.
One notable example of an amendment extending government powers is the 1970 approval by voters of Article III, Section 11, which required the legislature to reduce the number of administrative departments, agencies, and offices. This amendment gave the government the authority to streamline its administrative structure by limiting the number of principal administrative departments to 25.
Additionally, amendments have been made to extend the government's ability to issue bonds. While the specifics of these amendments are not detailed, the ability to issue bonds provides the government with additional financial flexibility and leverage in economic matters.
The North Carolina Constitution has also been amended to grant the governor the power to veto legislation in certain circumstances. This amendment, made in 1995, was a significant expansion of executive authority and brought North Carolina in line with other states regarding gubernatorial powers.
Furthermore, amendments have been made to require a balanced budget, which grants the government greater control over fiscal policy and ensures that expenses do not exceed revenue. This amendment adds a layer of financial accountability and stability to the state's governance.
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Frequently asked questions
A proposal of a new or revised Constitution or an amendment can be initiated by the General Assembly or by a Convention of the People.
For an amendment to be added to the North Carolina Constitution, it must be approved by a three-fifths vote of the members of both the House and Senate, followed by a majority vote in favor by the qualified voters of the State.
The current North Carolina Constitution, ratified in 1971, has been amended between 37 and 42 times.
Some notable amendments to the North Carolina Constitution include extending veto power to the governor in 1995, allowing the governor and lieutenant governor to serve two consecutive terms, and adding and expanding Victims Rights.
