Eleanor Finch
North Carolina has had three constitutions in its history, with the current version being ratified in 1971. This version was drafted after a study conducted by the North Carolina State Bar, which investigated needed updates and reorganizations. Since 1970, there have been several constitutional amendments passed in North Carolina, including ones related to voting rights, the powers of the governor, and the rights of citizens.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 3 |
| First Constitution | 1776 |
| Second Constitution | 1868 |
| Third Constitution | 1971 |
| Number of Amendments to the 1971 Constitution | 42 |
| Amendments since 1970 | Setting the voting age at 18; allowing the governor and lieutenant governor to be elected to two consecutive terms; establishing a bipartisan board of ethics and elections enforcement; protecting the right to hunt, fish, and harvest wildlife; providing better protections for victims of crime; setting a maximum tax rate on incomes; requiring photo identification to vote in person; providing for nonpartisan judicial merit commissions |
| Ways to Amend the Constitution | Popular convention, legislation |
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What You'll Learn
The North Carolina Constitution of 1971
The 1971 Constitution was drafted after a study conducted by the North Carolina State Bar, which investigated the need for updates and reorganizations. It was approved by voters on November 3, 1970, and included 14 articles that reorganized the state government. The document clarified the purpose and operations of the state government, addressing ambiguities and sections that seemed to conflict with the U.S. Constitution. It consolidated the governor's duties and powers, expanded the Council of State, and increased the office's budgetary authority. The General Assembly was required to reduce the more than 300 state administrative departments to 25 principal departments.
Since the 1971 Constitution, there have been numerous amendments. Notable amendments include setting the voting age at 18, allowing the governor and lieutenant governor to serve two consecutive terms, and granting the governor veto power in 1995. In 2018, several amendments were passed, including one to protect the right to hunt, fish, and harvest wildlife, another to establish a bipartisan Board of Ethics and Elections Enforcement, and one to require photo identification for in-person voting.
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Amendments to the 1971 Constitution
North Carolina has had three Constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971. The 1971 Constitution was drafted after a study conducted by the North Carolina State Bar investigated needed updates and reorganizations. The North Carolina Constitution Study Commission, composed of lawyers and public leaders, was formed to evaluate the need for and outline substantial revisions. The General Assembly endorsed 6 of the 28 amendments proposed by the commission. Citizens approved 5 of the 6 measures, rejecting the repeal of the literacy test for voting.
The 1971 Constitution clarified the purpose and operations of the state government. Ambiguities and sections seemingly in conflict with the U.S. Constitution were either dropped or rewritten. The document consolidated the governor's duties and powers, expanded the Council of State, and increased the office's budgetary authority. It required the General Assembly to reduce the more than 300 state administrative departments to 25 principal departments and authorized the governor to veto legislation in some circumstances.
Since the 1971 Constitution, there have been 42 amendments. Important amendments have included setting the voting age at 18 and allowing the governor and lieutenant governor to be elected to two consecutive terms. Other amendments include:
- Establishing a bipartisan board of ethics and elections enforcement
- Protecting the right to hunt, fish, and harvest wildlife
- Providing better protections and safeguards to victims of crime
- Establishing that the maximum tax rate on incomes cannot exceed seven per cent
- Requiring photo identification to vote in person
- Providing for nonpartisan judicial merit commissions for the nomination and recommendation of nominees when filling vacancies in the office of justice or judge of the General Court of Justice
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The right to hunt, fish and harvest wildlife
North Carolina has had three state constitutions, the first of which was ratified in 1776. The current constitution, which was approved by voters on November 3, 1970, has been amended 42 times since 1971.
One notable amendment passed in 2018 was the Right to Hunt, Fish, and Harvest Wildlife Amendment. This amendment established a state constitutional right for the people of North Carolina to engage in these activities. The amendment was added as Section 38 to Article I of the North Carolina Constitution. It reads:
> Sec. 38. Right to hunt, fish, and harvest wildlife. The right of the people to hunt, fish, and harvest wildlife is a valued part of the State's heritage and shall be forever preserved for the public good. The people have a right, including the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to laws enacted by the General Assembly and rules adopted pursuant to authority granted by the General Assembly to (i) promote wildlife conservation and management and (ii) preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. Nothing herein shall be construed to modify any provision of law relating to trespass, property rights, or eminent domain.
The amendment was introduced as Senate Bill 677 (SB 677) on June 6, 2017, and was approved by a vote of 44 to 4 in the state Senate on June 20, 2018, with two members abstaining. The North Carolina House of Representatives approved an amended version of the bill on June 25, 2018, by a vote of 92 to 23, with five members absent or abstaining. The amended bill then passed the state Senate by a vote of 41 to 6 on the same day.
The right to hunt and fish has been a valued tradition in the United States, dating back to before the arrival of the first Europeans. As of 2018, 21 states had constitutional provisions protecting this right, with Vermont being the first state to enshrine it in its constitution in 1777. The passage of the Right to Hunt, Fish, and Harvest Wildlife Amendment in North Carolina ensures that these activities, considered a valued part of the state's heritage, are protected for future generations.
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The voting age is set at 18
North Carolina has had three state constitutions, the first of which was ratified in 1776. The current version, which is the third constitution, was ratified in 1971 and has been amended 42 times since.
One of the amendments to the 1971 constitution set the voting age at 18. This means that to register to vote in North Carolina, eligible voters must be at least 18 years old. However, 16 and 17-year-olds may preregister to vote, which means that once they become eligible by age, their voter registration application will be processed.
In addition to setting the voting age at 18, the 1971 constitution also allowed the governor and lieutenant governor to be elected for two consecutive terms. Other amendments to the 1971 constitution include the establishment of a bipartisan Board of Ethics and Elections Enforcement, and the protection of the right to hunt, fish, and harvest wildlife.
The North Carolina Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. In a legislative process, an amendment must pass by three-fifths in both houses of the General Assembly and obtain a majority of the popular vote. The last time the constitution was amended by convention was in 1875.
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The governor's powers
The governor of North Carolina has historically held limited authority. The state's first constitution, created in 1776, outlined that the governor would be elected by a joint vote of both houses of the General Assembly and would serve a one-year term, limited to a maximum of three terms within a six-year period. The governor's executive authority was restricted, and they were required to seek approval from the Council of State for certain actions.
Amendments to the 1868 constitution extended the governor's term to four years but limited them to a single term. The 1971 constitution, North Carolina's third, consolidated the governor's duties and powers, expanded the Council of State, and increased budgetary authority.
While the governor's powers have been expanded over time, they still lack certain authorities held by their counterparts in other states. For example, North Carolina was the last state to grant its governor veto power, doing so in 1995. The governor also does not possess line-item veto power.
Since 1970, North Carolina has passed numerous constitutional amendments, including those related to the governor's powers. Notable amendments include:
- Setting the voting age at 18.
- Allowing the governor and lieutenant governor to serve two consecutive terms.
- Requiring photo identification for in-person voting.
- Protecting the right to hunt, fish, and harvest wildlife.
- Establishing a bipartisan Board of Ethics and Elections Enforcement.
- Providing better protections for victims of crime.
- Capping the maximum tax rate on incomes at seven percent.
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Frequently asked questions
Since the North Carolina Constitution of 1971, there have been 42 amendments.
The North Carolina Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention.
The first North Carolina Constitution was created in 1776 after the American Declaration of Independence.
The last amendment was in 2018, which established a bipartisan Board of Ethics and Elections Enforcement.
