Malcolm Rivera
The North Carolina Constitution has been amended 37 times since its ratification in 1971, with voters approving four new amendments as recently as November 5, 2024. The state constitution is a fundamental document outlining North Carolina's framework for governance, including the powers, structure, and limitations of its 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. The impact of these constitutional amendments in North Carolina has been varied, from establishing new rights and protections to modifying voting requirements and changing the state's framework for governance.
| Characteristics | Values |
|---|---|
| Number of Amendments | 42 since the Constitution of 1971 |
| Number of Amendments in 2024 | 4 |
| Amendment Process | Legislative or convention-referred constitutional amendment |
| Voter ID Requirements | Photo identification required to vote in person |
| Voting Rights | "Citizens only voting" amendment may prevent naturalized citizens from voting |
| Bipartisanship | Establishment of a bipartisan Board of Ethics and Elections Enforcement |
| Judicial Merit Commissions | Nonpartisan Judicial Merit Commissions for nomination and recommendation of nominees to fill vacancies |
| Hunting and Fishing Rights | Protection of the right to hunt, fish, and harvest wildlife |
| Crime Victims' Rights | Better protections and safeguards for victims of crime |
| Tax Rate | Maximum income tax rate cannot exceed seven percent |
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What You'll Learn
Voting rights and requirements
The North Carolina 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. The current version, ratified in 1971, is the state's third constitution. The first was created in 1776 after the American Declaration of Independence and was substantially amended in 1835. The 1868 constitution brought North Carolina back into the Union after the Civil War. The 1971 constitution was drafted after a study by the North Carolina State Bar. Since 1971, there have been 42 amendments, 37 of which have been made since 2024.
The North Carolina Constitution can be amended with a legislative or convention-referred constitutional amendment, both of which require voter approval. The primary way to amend the constitution is by a vote of the qualified voters of the state. The General Assembly first passes a law by a three-fifths vote of the members of both the House and the Senate. The law puts an amendment to the vote on a statewide ballot on a specified date.
In 2024, voters approved four new amendments to the North Carolina Constitution. One of these amendments, House Bill 1074, has been the subject of controversy. The bill proposes to amend the constitution to modify the qualifications to vote to only a "citizen" by removing "every person born in the United States and every person who has been naturalized....". Democracy NC and other advocates argue that removing the term "naturalization" from the constitutional voting qualifications may prevent naturalized citizens from exercising their fundamental right to vote and promote anti-immigration sentiment. They urge voters to vote against the amendment in the 2024 General Election.
Other recent amendments to the North Carolina Constitution include an act to establish a bipartisan Board of Ethics and Elections Enforcement, an act to protect the right to hunt, fish, and harvest wildlife, an act to provide better protections for victims of crime, an act to set a maximum tax rate on incomes, and an act to require photo identification to vote in person.
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Victims' rights and protections
North Carolina's Constitution has undergone numerous amendments over the years, many of which have had a significant impact on the rights and protections afforded to victims of crimes. Here is an overview of some of the key amendments and their implications for victims:
The Victims' Rights Amendment, also known as Marsy's Law, was approved by North Carolina voters in November 2018 and became effective on You may want to see also In 2018, the North Carolina General Assembly passed bills to place six constitutional amendments on the ballot on November 6, including an amendment to lower the state income tax cap. The amendment sought to lower the maximum allowable income tax rate from 10% to 7%. The state Senate initially passed an amendment to lower the cap to 5.5%, but the House Finance Committee changed it to 7%, which the state Senate then approved. The amendment was approved by voters in the 2018 election, with 55% voting in favour. However, in 2019, Judge Bryan Collins ruled in favour of the NAACP and struck down the Voter ID Amendment and the Income Tax Cap Amendment, stating that the amendments were approved by a General Assembly that did not represent the people of North Carolina due to an unconstitutional racial gerrymander. In 2024, Republican state lawmakers brought back a proposed amendment to modify the constitution to cap the maximum income tax rate at 5%. The current state constitution sets the cap at 7%, though the actual rate is lower. In 2023, the state income tax rate was 4.75%, and it is set to decrease further in the coming years. Supporters of the 2018 amendment argued that it would prevent a dramatic increase in the tax rate and a big jump in spending by the state government. They believed it would protect taxpayers from future tax hikes and improve the business climate. However, critics argued that it would limit the state's ability to raise taxes in the future and make it more difficult to fund essential services, such as education and social services. They also pointed out that it would prevent the implementation of a graduated personal income tax, which could make the tax code more equitable by taxing people with very high incomes at a higher rate. The impact of the constitutional amendments on tax rates in North Carolina has been a highly debated topic. Some argue that lowering the income tax cap could result in a loss of public revenue, affecting funding for essential services such as public schools. It could also lead to an increased reliance on regressive revenue sources like sales taxes, which disproportionately impact low-income individuals. On the other hand, supporters of the amendment believe that it promotes a strong economy and provides a stable environment for businesses by preventing excessive tax increases. They argue that it is a reasonable safeguard against large growth in government spending. You may want to see also In 2018, Session Law 2018-96 was enacted to amend the North Carolina Constitution to protect the right to hunt, fish, and harvest wildlife. This law secures the rights of citizens to engage in these traditional outdoor activities and pursue the state's wildlife resources. Hunting and fishing have long been a part of North Carolina's cultural heritage and a source of sustenance and recreation for its residents. The state boasts diverse wildlife habitats, from its coastal regions to its mountainous areas, providing a variety of hunting and fishing opportunities. The state's hunting regulations are designed to ensure the conservation and ethical harvesting of game animals. Hunters are required to follow specific guidelines, including obtaining the necessary licenses and permits, adhering to designated hunting seasons, and following weapon-specific regulations. North Carolina offers a range of hunting opportunities, including big game hunting for deer and black bears, small game hunting for rabbits and squirrels, and waterfowl hunting for ducks and geese. Similarly, fishing regulations are in place to manage the state's diverse fisheries sustainably. Anglers must obtain the appropriate fishing licenses and familiarize themselves with regulations specific to different water bodies and fish species. North Carolina offers freshwater fishing in its lakes, rivers, and streams, as well as saltwater fishing along its coastline. The state also has regulations in place to protect and conserve its wildlife. These laws govern the management of wildlife populations, their habitats, and human-wildlife interactions. North Carolina is home to a variety of wildlife species, including black bears, white-tailed deer, foxes, and a diverse array of bird species. The state's wildlife laws aim to balance the needs of its human residents with the conservation and protection of these species and their ecosystems. By enshrining the right to hunt, fish, and harvest wildlife in its constitution, North Carolina has reaffirmed the importance of these activities to its residents and ensured that future generations can continue to enjoy these pursuits sustainably. You may want to see also In 2018, North Carolina voters had the chance to decide whether the governor should have sole discretion in filling judicial vacancies or if the legislature should have a role in the process. The proposed constitutional amendment would establish a nonpartisan judicial merit committee with no more than nine members appointed by the chief justice of the North Carolina Supreme Court, the governor, and the legislature. Under the previous system, the governor had the sole appointment power to fill judicial vacancies that occurred between judicial elections. The amendment would change this process by allowing the people of the state to nominate individuals to fill vacancies through a commission. This commission would be comprised of appointees made by the judicial, executive, and legislative branches, charged with making recommendations to the legislature as to which nominees are deemed qualified. The commission would send its evaluations to the General Assembly, which would then recommend at least two nominees to the governor for appointment. The governor would then choose the new judge from the legislature's list. If the decision isn't made within 10 days, the General Assembly can appoint someone to the vacancy during a joint session of the House and Senate. Supporters of the amendment argued that it would help reduce partisanship and increase diversity on the bench, making the process of appointing judges more transparent and open. Opponents, including former governors and retired chief justices, argued that the amendment was unnecessary and an example of legislative overreach. They believed that the current system, which allowed the governor to put significant time and effort into picking the right candidate, was adequate. You may want to see also The North Carolina Constitution can be amended with a legislative or convention-referred constitutional amendment, both of which require voter approval. A legislative 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. The North Carolina Constitution has been amended 37 times since 1971. Here are some examples: - An amendment to protect the right to hunt, fish, and harvest wildlife. - An amendment to establish a bipartisan Board of Ethics and Elections Enforcement. - An amendment to require photo identification to vote in person. - An amendment to provide better protections for victims of crime. There has been controversy surrounding the recent House Bill 1074, which proposes to amend the North Carolina Constitution by modifying the qualifications to vote to only "citizens" by removing "every person born in the United States and every person who has been naturalized." This has been criticized for potentially preventing naturalized citizens from exercising their right to vote and promoting anti-immigration sentiment. Constitutional amendments in North Carolina can have a significant impact on the rights of citizens. For example, Article I, "Declaration of Rights," outlines 38 recognized rights, many of which broaden the rights covered by the Bill of Rights. Amendments can also impact the powers and limitations of the state government, individual and civil rights, and other matters.Preventing Excess Democracy: The Constitution's Intent
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