Omar Bennett
The Constitution of North Carolina, first established in 1776, is the highest legal document of the state and outlines the structure and function of its government. Since its inception, the state constitution has undergone two major revisions and several amendments to expand the rights of its citizens and address the evolving needs of its society and economy. The current constitution, ratified in 1971, comprises 14 articles that govern the state's legislative, executive, and judicial branches, with a focus on popular sovereignty, equality, and civil liberties.
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What You'll Learn
The right to bear arms
Article I, § 30 of the North Carolina State Constitution, entitled "Militia and the right to bear arms," provides:
> "A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice."
North Carolina courts have held that Article I, § 30 protects the ability of individuals to bear arms for the defence of self and property. However, the right conferred by this article is not absolute and is subject to reasonable regulation. The regulation must be "reasonable and not prohibitive" and must relate to the preservation of public peace and safety.
The North Carolina Constitution of 1776 also recognises the right to bear arms, stating:
> "That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power."
The Second Amendment to the United States Constitution, which guarantees the right to keep and bear arms, has been held to be applicable to the states through the Fourteenth Amendment. This was established in cases such as McDonald v. City of Chicago (2010) and Caetano v. Massachusetts (2016).
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Equality and rights of persons
The North Carolina Constitution, first created in 1776, governs the structure and function of the state government of North Carolina. The constitution establishes the equality and rights of persons, declaring that all persons are created equal and endowed by their Creator with certain inalienable rights, including life, liberty, and the pursuit of happiness.
The constitution guarantees the right to worship Almighty God according to one's conscience, freedom of speech and of the press, and the right to assemble and petition the government. It also provides for the right to bear arms, the right to a free and uniform system of public education, and the right to equal protection under the law, prohibiting discrimination based on race, colour, religion, or national origin.
The North Carolina Constitution also establishes the structure of the state government, including the roles of the Governor, the General Assembly, and the courts. The Governor is responsible for providing information to the General Assembly, preparing and administering the state budget, and residing within the state. The General Assembly is responsible for passing laws and providing a uniform system of free public schools. The courts are required to be open and accessible to all persons, ensuring justice without favour, denial, or delay.
The constitution also prohibits secession from the American Union, requiring allegiance to the United States, and grants the people the right to alter or abolish their form of government if necessary for their safety and happiness. It is worth noting that the original constitution only extended these rights to white men, and the state has since had two major revisions and many amendments to expand rights and equality.
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Popular sovereignty
The first North Carolina Constitution, created in 1776, asserted that "all political power is vested in and derived from the people only". This principle of popular sovereignty is further reflected in the document through various rights and freedoms guaranteed to the people. For example, the right to bear arms, the right to assemble, and the freedom of religion are all protected under the state's constitution.
The people of North Carolina also have the "inherent, sole, and exclusive right" to regulate their internal government and police powers. They have the right to alter or abolish their Constitution and form of government as they see fit, as long as it is done in accordance with the law and the Constitution of the United States. This right to self-government is a fundamental aspect of popular sovereignty.
Additionally, the North Carolina Constitution provides for popular elections for various offices, including the governor and members of the Council of State. The constitution also sets guidelines for the formation of voting districts and qualifications for office, ensuring that the people have a direct say in choosing their representatives.
Amendments to the constitution have also been made through popular vote, such as the changes proposed in the state constitutional convention of 1835, which were adopted by the voters in 1835. This further illustrates the principle of popular sovereignty, where the people have the ultimate authority to shape their government and its laws.
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Separation of powers
The North Carolina State Constitution affirms the separation of powers between the three branches of government: the executive, legislative, and judicial. This principle, outlined in the 1776 constitution, ensures that these branches are forever "separate and distinct" from one another.
The legislative power is vested in the General Assembly, which consists of a Senate and a House of Representatives. The Assembly makes laws, appoints state executives and judges, and holds significant power. The constitution grants the Assembly the authority to prescribe the functions, powers, and duties of administrative departments and agencies, although the Governor can make changes to these allocations as needed for efficient administration. The Assembly also has the power to decide on necessary local services for taxing and borrowing purposes and to create special taxing districts.
The executive branch is intentionally weak. The Governor, elected by the legislature, originally served a one-year term with limited powers and no veto power. While the position has since been strengthened, the Governor's initiatives often require the consent of the Council of State, also chosen by the legislature. The Governor is responsible for residing at the seat of government, providing information to the General Assembly, and preparing and administering the state budget.
The judicial branch, established by the constitution, includes a Court for the Trial of Impeachments and a General Court of Justice, consisting of an Appellate Division, a Superior Court Division, and a District Court Division. The General Assembly is prohibited from depriving the judicial department of its rightful powers and from establishing unauthorized courts.
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Freedom of the press
The Constitution of the State of North Carolina 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. The current form was ratified in 1971 and has 14 articles.
Article 15 of the North Carolina Constitution declares freedom of the press. Freedom of speech and of the press are considered two of the great bulwarks of liberty and therefore shall never be restrained, but every person shall be held responsible for their abuse.
The North Carolina Constitution also guarantees the right to assemble, to consult for the common good, to instruct representatives, and to apply to the legislature for redress of grievances. It also guarantees the right to dissent and protest against any act or resolve that may be considered injurious to the public or any individual, with the reasons for dissent entered into the journals.
The Constitution also establishes the rights and duties of the Governor of North Carolina, who must reside at the seat of government of the state and prepare and recommend a comprehensive budget of anticipated revenue and proposed expenditures for the ensuing fiscal period. The Governor must also give the General Assembly information on the affairs of the state and recommend measures as deemed expedient.
The Constitution further outlines the role of the General Assembly, whose members must take an oath or affirmation to support the Constitution and laws of the United States and the Constitution of North Carolina before taking their seat.
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Frequently asked questions
The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina. It is the highest legal document for the state, subject only to federal judicial review.
The North Carolina Constitution has had three iterations: 1776, 1868, and 1971. The first constitution was created after the American Declaration of Independence, with the Declaration of Rights being ratified the day before. The key principles of this first constitution include:
- All political power is vested in and derived from the people.
- The people have the right to bear arms and assemble.
- The people have the right to worship Almighty God according to their conscience.
- The legislative, executive, and supreme judicial powers of government should be separate.
- The right to a trial by jury and protection against arbitrary rule.
- Freedom of the press.
Since the 1971 Constitution, there have been over twenty amendments. Notable amendments include:
- Setting the voting age at 18.
- Allowing the governor and lieutenant governor to serve two consecutive terms.
- Prohibiting all capitation and poll tax.
- Creating a state income tax.
- Requiring the state to run a balanced budget.
- Adding Victims Rights to the Declaration of Rights.
The Governor is responsible for residing at the seat of government of the state and providing the General Assembly with information on the affairs of the state. They also prepare and recommend a comprehensive budget for the state's anticipated revenue and expenditures. Before assuming office, the Governor must take an oath or affirmation to support the Constitution and laws of the United States and North Carolina.
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