The North Carolina Constitution: A Comprehensive Document

The Constitution of North Carolina is the state constitution of North Carolina. The state has had three constitutions in its history, created in response to significant events in the state's history. The first was created in 1776, the second in 1868, and the third and current constitution was adopted in 1971. The current constitution has 14 articles and has been amended 37 times. The North Carolina Constitution 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, individual and civil rights, and other matters.

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North Carolina's three constitutions

The State of North Carolina has had three constitutions, which have governed the structure and function of the state government. The first constitution was created in 1776, after the American Declaration of Independence. This constitution affirmed the separation of power between the three branches of government, but the General Assembly held the true power, with the ability to pick judges, the governor, and members of the Council of State. The constitution also established a judicial branch, but its structure was not well defined.

The second North Carolina Constitution was ratified in 1868, after the Civil War. This constitution brought the state back into the Union and was a major reorganization and modification of the original. It abolished slavery and provided for universal male suffrage, greatly expanding the power of the people to elect representatives and other officials. It also introduced townships, which each county was required to create.

The third and current North Carolina Constitution was ratified in 1971 and has 14 articles. This constitution reorganized the entire state government to meet the requirements of the modern economy and society. It was drafted after a study by the North Carolina State Bar, which outlined the necessary changes and updated the language and syntax. Since 1971, there have been numerous amendments to this constitution, including setting the voting age at 18 and allowing the governor and lieutenant governor to be elected for two consecutive terms.

The North Carolina Constitution is the highest legal document for the state and is subject to federal judicial review. It secures additional rights for citizens, such as the right to a public education and to open courts. It also denies the state the ability to secede from the United States and declares that citizens owe allegiance to the US Constitution and government.

The 1971 Constitution

Since the 1971 Constitution, there have been over 20 amendments, most of which extend the rights of citizens or the government's ability to issue bonds. The most recent amendment, Section 38, was added in 2018 and declares the right to hunt and fish.

The 1868 Constitution

North Carolina has had three state constitutions, the first of which was created in 1776 after the American Declaration of Independence. The Constitution of 1868 was the second of these three constitutions.

The Constitution of 1868 was a major reorganization and modification of the original 1776 constitution. It was framed in accordance with the Reconstruction Acts after the Civil War, when North Carolina was readmitted into the Union. The delegates of the Constitutional Convention of 1868 met at the direction of the U.S. Congress, in which North Carolina was not then represented.

The Constitution of 1868 abolished slavery and provided for universal male suffrage. It also greatly expanded the power of the people to elect representatives and other officeholders, including key officials in the executive branch, judges, and county officials. The right to vote was no longer restricted by property ownership or specific religious qualifications.

The Constitution of 1868 was a relatively progressive document that borrowed from previous state constitutions and added new provisions. It made other significant changes to the structure of North Carolina's governmental branches. It established a constitutionally based court system, outlined county and town governments, and codified the legislature's methods of raising revenue by taxation.

However, amendments in 1873 and 1875 weakened the progressive nature of the 1868 constitution. These amendments clarified the hierarchy of the court system and gave the General Assembly jurisdiction over the courts, as well as county and town governments. In 1900, universal suffrage was diminished by the requirement of a literacy test and poll tax, effectively disenfranchising many blacks, Indians, and others.

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The 1776 Constitution

While the 1776 Constitution was amended in 1835 to strengthen it and improve the political system, it remained intact. It was not until 1868, after the American Civil War, that North Carolina adopted its second state constitution. The 1868 Constitution was a major reorganization and modification of the original, introducing townships and addressing racial inequality. However, it, too, came under criticism for discriminating against African Americans.

Amending the constitution

The Constitution of North Carolina is the state constitution of North Carolina. The current North Carolina Constitution, which came into force in 1971, is the third constitution in the state's history. It has been amended 37 times, with the voters most recently approving four new amendments on November 5, 2024.

The Constitution of North Carolina can be amended through a legislative or convention-referred constitutional amendment. The latter method was last used in 1875, with most amendments since then being made through the legislative process.

A legislative amendment must pass by a three-fifths majority in both houses of the General Assembly and obtain a majority of the popular vote. Since the Constitution of 1971, there have been at least 20 amendments, with some sources citing a higher number. The majority of these amendments have expanded the rights of citizens or extended the government's ability to issue bonds.

Historical Amendments

The Constitution of North Carolina has been amended numerous times throughout its history, often in response to significant events in the state's history. Notable amendments include:

• The Convention of 1835, which fixed the membership of the Senate and House at their present levels of 50 and 120, respectively, and provided for the popular election of the governor.
• The Constitution of 1868, which abolished slavery and provided for universal male suffrage, was created in response to a federal mandate requiring North Carolina to bring its laws into conformity with U.S. federal law.
• The 1900 amendment, which introduced a literacy test and a poll tax as requirements for voting, partially reversing the gains made in 1868.
• The 1995 or 1996 amendment that gave the governor the power to veto public bills, defined as bills affecting more than 15 counties.
• Amendments since 1971, which include setting the voting age at 18, allowing the governor and lieutenant governor to serve two consecutive terms, and prohibiting all capitation and poll taxes.

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