Eleanor Finch
The North Carolina Constitution has been amended 37 times since its ratification in 1971, with the most recent amendments being approved on November 5, 2024. 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 can be made by popular convention or through legislation, with the latter being the most common method. Notable topics covered in the North Carolina Constitution include the protection of the right to hunt, fish, and harvest wildlife, the establishment of a bipartisan board of ethics and elections enforcement, and the requirement of photo identification for in-person voting.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 3 |
| First Constitution | 1776 |
| Second Constitution | 1868 |
| Third Constitution | 1971 |
| Number of Amendments | 42 |
| Number of Articles | 14 |
| Number of Sections in Article I | 38 |
| Rights Covered in Article I | Right to a public education, open courts, freedom of the press, trial by jury, protection against unjust seizure, right to bear arms, religious freedom |
| Veto Power Granted to Governor | Yes, in 1995 |
| Governor Term Limit | 2 consecutive terms |
| Legislative Power | Resides in the General Assembly |
| Requirement for In-Person Voting | Photo identification |
| Judicial Vacancies | Nominations and recommendations to be made by nonpartisan judicial merit commissions |
| Board of Ethics and Elections Enforcement | Bipartisan board established |
| Maximum Income Tax Rate | Cannot exceed 7% |
| Right to Hunt, Fish, and Harvest Wildlife | Protected |
| Victim of Crime | Better protections and safeguards |
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What You'll Learn
The right to hunt, fish, and harvest wildlife
The North Carolina Right to Hunt and Fish Amendment was on the ballot in North Carolina as a legislatively referred constitutional amendment on November 6, 2018. It was approved by voters, becoming the 37th amendment to the North Carolina Constitution, which was ratified in 1971 and has since been amended 42 times.
The ballot measure added a Section 38 to Article I of the North Carolina Constitution, establishing a state constitutional right for the people of North Carolina to hunt, fish, and harvest wildlife. The text of the amendment 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 right to hunt and fish is considered an important part of North Carolina's outdoor heritage, and its protection is also seen as a way to support the state's conservation funding system, which has contributed over $1.23 billion through the purchase of hunting and fishing licenses and equipment.
As of 2018, 21 states had constitutional provisions providing for the right to hunt and fish, with Vermont being the first state to constitutionalize this right in 1777. The state constitutions of California and Rhode Island include amendments guaranteeing the right to fish, but not to hunt.
Amendments to the Constitution: A Historical Perspective
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Protection for victims of crime
The North Carolina Constitution has been amended 37 times since its ratification in 1971, with the last amendments approved by voters on November 5, 2024. The constitution can be amended through a legislative or convention-referred process, both of which require voter approval.
One notable amendment, Session Law 2018-110, aimed to provide better protection and safeguards for victims of crime. This amendment, known as Marsy's Law, was part of a national victims' rights movement seeking to strengthen the rights of crime victims in state constitutions. The law is named after Marsy Nicholas, the sister of co-founder of Broadcom Corp., Henry Nicholas, who was murdered in 1983.
Marsy's Law for North Carolina specifically addresses gaps in the current law, aiming to give victims of crime and their families stronger rights and protections. It seeks to address the unpredictability and inconsistent application of victims' rights across different counties in the state. For instance, under the previous law, some victims were kept informed by District Attorneys about cases, while others were not. The amendment ensures that victims are entitled to certain basic rights, as prescribed by law.
The Victims' Rights Amendment team was committed to providing factual information to voters ahead of the vote on November 6. The amendment faced opposition from groups like "By the People" and "Stop Deceptive Amendments," leading to a heated political debate. Despite this opposition, the amendment was approved by voters in 2018, demonstrating the importance North Carolina voters placed on strengthening the rights of victims of crime.
Amendments: A Historical Timeline of the Constitution
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Limitations on income tax
The North Carolina Constitution, ratified in 1971, is the state's third constitution and has been amended multiple times since. One of the amendments, the North Carolina Income Tax Cap Amendment, was proposed by Republicans and approved by voters in 2018. This amendment lowered the maximum allowable state income tax rate from 10% to 7%.
The tax cap amendment was one of six constitutional amendments put on the ballot in the North Carolina midterm elections. It was a legislatively referred constitutional amendment, which is one of the two ways the North Carolina Constitution can be amended. The other method is by popular convention, though the last time this method was used was in 1875.
The tax cap amendment was approved by voters, with 5.499% being the personal income tax rate in North Carolina at the time. However, the amendment was met with criticism and lawsuits. The North Carolina NAACP and Clean Air Carolina sued the state, arguing that the legislature lacked the authority to put the amendment on the ballot as lawmakers were elected in racially gerrymandered districts. A judge ruled the amendment invalid in 2019, but upon appeal, a preliminary ruling overturned the injunction against the enforcement of the Voter ID requirement.
Supporters of the tax cap amendment argued that it would improve the business climate, restore a budget surplus, and improve the economy. They also believed that reducing taxes was not detrimental to the state's financial needs. Critics, however, claimed that it would result in a loss of revenue, make the state more unequal, and shift the tax burden to rural and less wealthy areas. They also highlighted the potential negative impact on education spending.
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The need for photo ID to vote in person
The North Carolina Constitution has been amended 37 times since its ratification in 1971, with the most recent amendments being approved on November 5, 2024. The constitution can be amended through a legislative or convention-referred process, both of which require voter approval.
One of the recent amendments to the North Carolina Constitution is the requirement for photo identification to vote in person. This amendment, known as Session Law 2018-128, was enacted to enhance the security and integrity of the voting process.
Requiring photo ID for in-person voting is a crucial measure to ensure the accuracy and fairness of elections in North Carolina. It serves as a fundamental tool to protect against voter fraud and impersonation, thereby safeguarding the rights of legitimate voters. The implementation of this requirement adds an extra layer of security, ensuring that individuals casting their votes are indeed who they claim to be.
The need for photo ID helps maintain the integrity of the voting process by preventing electoral fraud and ensuring that each eligible voter has the opportunity to cast their vote securely. This measure acts as a safeguard against potential voter suppression and protects the rights of citizens to have their votes counted accurately.
Additionally, the photo identification requirement contributes to the overall transparency of the electoral process. By verifying the identity of voters, election officials can ensure that ballots are cast by eligible individuals, thereby enhancing public confidence in the fairness and legitimacy of election outcomes.
The implementation of this amendment ensures that the voting process in North Carolina is secure, transparent, and accessible to all eligible citizens. It is a critical step towards preserving the integrity of elections and protecting the fundamental right to vote, which forms the cornerstone of democratic societies.
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Establishing a bipartisan board for ethics and elections
The North Carolina Constitution is the fundamental document that 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 current North Carolina Constitution has been amended 37 times, with the last amendments approved by voters on November 5, 2024.
One of the amendments, introduced in 2018, established a Bipartisan Board of Ethics and Elections Enforcement. The act aimed to consolidate the functions of elections, campaign finance, lobbying, and ethics under one state agency. The Bipartisan State Board of Elections and Ethics Enforcement, also referred to as the State Board, consists of eight individuals registered to vote in North Carolina. Four members are appointed by the Governor, with two members each from the two political parties with the highest number of registered affiliates. The Governor selects these members from a list of three nominees submitted by the respective state party chairs.
The establishment of this board involved transferring the appropriations and resources of the State Board of Elections, as well as the lobbying registration and enforcement functions of the Secretary of State, to the new Bipartisan Board. This transfer included positions such as the Lobbying Compliance Director, Law Enforcement Agent, Administrative Assistants, and more.
The Bipartisan Board also assumed the duties and functions previously assigned by the Governor or General Assembly to the transferred agencies. Any ongoing investigations, audits, hearings, or proceedings related to the transferred functions were continued by the new Bipartisan Board, ensuring a smooth transition and maintaining the integrity of the processes.
The creation of this board contributed to North Carolina's efforts to streamline and effectively manage ethics and elections-related matters under a single state agency, promoting efficiency and consistency in the state's governance.
Civil Rights: Constitutional Amendments Explained
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Frequently asked questions
The North Carolina Constitution has been amended 37 times since the Constitution of 1971. This is North Carolina's third constitution, with the first created in 1776 and the second in 1868.
The North Carolina Constitution can be amended with a legislative or convention-referred constitutional amendment, both of which require voter approval. In a legislative action, an amendment must pass by three-fifths in both houses of the General Assembly and also obtain a majority of the popular vote. A convention of the people of North Carolina may also be called to propose a new or revised constitution or constitutional amendments, which would then be submitted to the qualified voters of the state.
Examples of North Carolina Constitutional Amendments include the 2018 act to require photo identification to vote in person, the 1995 amendment to give the governor the power to veto legislation, and the 2018 act to establish a bipartisan board of ethics and elections enforcement.
