Eleanor Finch
The Constitution of North Carolina outlines the structure and function of the state government and is the highest legal document for the state. Since the creation of the first state constitution in 1776, there have been three major revisions, with the current version ratified in 1971. The constitution has 14 articles and outlines the three branches of government: the executive, legislative, and judicial.
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What You'll Learn
The first North Carolina Constitution
The Fifth Provincial Congress of North Carolina drafted and approved the first constitution, which was accompanied by a Declaration of Rights, providing for the basic rights of North Carolinians, including popular sovereignty, separation of powers, and freedom of religion. The Declaration of Rights was ratified the day before the constitution. The Ordinances of the Convention were also used in conjunction with the state constitution to provide the basic legal structure of North Carolina's government.
The first constitution affirmed the separation of power between the three branches of government, but the General Assembly held the true power. The General Assembly picked the judges, the governor, and the members of the Council of State. Judges had life terms, while governors had a one-year term. The legislative authority was vested in two distinct branches, both dependent on the people: a Senate and a House of Commons. The Senate was composed of representatives annually chosen by ballot, one for each county in the state. The House of Commons was composed of representatives annually chosen by ballot, two for each county, and one for each of the towns of Edenton, New Bern, Wilmington, Salisbury, Hillsborough, and Halifax.
The first constitution also included provisions such as the right for foreigners to settle in the state, purchase land, and become free citizens after one year's residence. It also included a provision for the establishment of schools and universities to encourage and promote useful learning. Additionally, it stated that no purchase of lands shall be made from Indian natives except on behalf of the public by the authority of the General Assembly.
Since the first North Carolina Constitution, there have been two major revisions and many amendments. The current constitution, ratified in 1971, is the result of a series of proposals made by the North Carolina State Constitution Study Commission to modernize the state's constitution.
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The 1868 Constitution
North Carolina has had three constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971. The Constitution of 1868 was a major reorganization and modification of the original 1776 constitution into fourteen articles. It was framed in accordance with the Reconstruction Acts after North Carolina was readmitted to the Union following the Civil War. It was a relatively progressive document that borrowed from the previous state constitutions and added new provisions.
The Constitution of 1868 abolished slavery and provided for universal male suffrage. It also expanded the power of the people to elect representatives and other officeholders, including key officials in the executive branch, judges, and county officials. The governor was now elected for a four-year term, and his authority was increased. State and county officials were to be elected by popular vote, and all men, regardless of race or property qualifications, were eligible to vote and hold office. The number of capital crimes was reduced to four: murder, arson, burglary, and rape.
Amendments to the 1868 Constitution in 1873 and 1875 weakened its progressive nature. They 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, Native Americans, and others. Despite these amendments, the Constitution of 1868 served as the basis for the state's government until the Constitution of 1971, which reorganized the entire state government to meet the requirements of the modern economy and society.
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The 1971 Constitution
The North Carolina Constitution of 1971 is the current version of the statute constitution in the state of North Carolina. It is the third iteration of the state constitution, following the previous versions from 1776 and 1868. The 1971 Constitution was formed as a result of a series of proposals by the North Carolina State Constitution Study Commission, which was a group of state political leaders and attorneys. Their aim was to study other state constitutions and current federal laws to make recommendations for modernizing North Carolina's constitution. The 1971 Constitution is a minor consolidation of the 1868 Constitution and its subsequent amendments.
The North Carolina Constitution, like other state constitutions, is the highest legal document for the state and subjugates North Carolina law. However, it is still subject to federal judicial review. The state constitution has undergone several amendments since its creation, with approximately 70 amendments passed within a century after the 1868 Constitution. The 1971 Constitution has also been amended multiple times, including the prohibition of capitation and poll tax, the creation of a state income tax, and the expansion of rights for victims in the Declaration of Rights.
The North Carolina Constitution is an important governing document that outlines the rights and responsibilities of the state and its citizens. It is a living document that has evolved over time to meet the unique needs of modern society in North Carolina. The process of amending the state constitution involves a commission report and recommendation, a General Assembly deliberation and vote, and a general election. This ensures that the constitution remains relevant and responsive to the changing needs and values of the state and its people.
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The three branches of government
The North Carolina Constitution is the fundamental document outlining 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. The first, created in 1776 after the American Declaration of Independence, was substantially amended in 1835. The second was ratified in 1868, and the current version has been amended 37 times.
The executive branch is led by the governor, who is vested with all executive authority. The governor's duties are defined in the constitution, as is the process of succession should the governor die or become incapacitated. The governor's office is limited to two consecutive terms. The governor has the power to veto public bills, defined as bills affecting more than 15 counties. The Council of State, a cabinet-like body, is filled with eight popularly elected officials, in addition to the governor and lieutenant governor.
The judicial branch is defined in Article IV of the North Carolina Constitution. This article outlines the makeup of the state's judicial branch and prohibits the legislature from inhibiting its function. The power to impeach state officials and judges is given to the state House of Representatives, and the Senate can remove a person from office with a two-thirds majority vote after an impeachment. Article IV also deals with the necessary qualifications of a judge and confers the power of judicial review with the state's Supreme Court.
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The governor's powers
The Governor of North Carolina is the chief executive of the state. The governor's office has changed significantly over the years, evolving from a position of little power to one of great influence and authority. The governor's duties and responsibilities are mandated by the state constitution and legislative statutes.
The governor is responsible for directing all phases of the state budget, from preparation to execution. They are also commander-in-chief of the state militia and can call on these forces to execute the law, suppress riots and insurrections, and repel invasions. The governor is also responsible for convening special legislative sessions, executing the laws of the state, granting pardons, commuting prison sentences, issuing extradition warrants, joining interstate compacts, reorganizing and consolidating state agencies, and delivering the annual state-of-the-state address.
The governor also has the power to make changes in the allocation of offices, agencies, and their functions, powers, and duties as they consider necessary for efficient administration. These changes must be set forth in executive orders and submitted to the General Assembly within 60 days. The governor is also responsible for ensuring that state expenditures do not exceed receipts, and they must make economies in state expenditures if necessary to prevent a deficit.
The governor appoints department heads, who make up the Cabinet, and is responsible for appointing the State Controller, who is the state's Chief Financial Officer. The governor also appoints members of the State Board of Elections, which administers the election process and deals with matters of campaign finance disclosure. Additionally, the governor has control over more than 350 statutory and non-statutory boards and commissions.
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Frequently asked questions
There are three branches in the North Carolina Constitution: the executive, the legislative, and the judicial.
The current North Carolina Constitution was ratified in 1971 and has been amended 37 times since. It is the third constitution in the state's history.
The three branches of government in the North Carolina Constitution are the executive, legislative, and judicial branches. The legislative branch is further divided into a Senate and a House of Commons.
The North Carolina Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual rights, and civil rights. It establishes the position of the governor, the General Assembly, and local officials such as the sheriff, coroner, constable, and justice of the peace. It also provides for the basic rights of North Carolinians, including popular sovereignty, separation of powers, and freedom of religion.
