Isabella Carter
The North Carolina Constitution has been amended 37 times since its ratification in 1971, with 42 amendments in total. Amendments can be made by popular convention or through legislation, with the latter being the most common method. The process of amending the constitution involves a vote by the qualified voters of the state, with the amendment proposal appearing on a statewide election ballot. The impact of these amendments has been varied, from establishing a bipartisan Board of Ethics and Elections Enforcement to protecting the right to hunt, fish, and harvest wildlife, and providing better protections for victims of crime. One of the most recent amendments, House Bill 1074, has been controversial as it seeks to modify voting qualifications by removing the term naturalization, which may prevent naturalized citizens from exercising their right to vote.
| Characteristics | Values |
|---|---|
| Number of Amendments | 42 since the 1971 Constitution |
| Amendment Process | Legislative or convention-referred, requiring voter approval |
| Voter Requirements | Photo ID for in-person voting |
| Voting Rights | "Citizens only voting" |
| Naturalized Citizen Voting Rights | May be affected by the removal of the term "naturalization" from voting qualifications |
| Bipartisanship | Bipartisan Board of Ethics and Elections Enforcement |
| Judicial Nominations | Nonpartisan Judicial Merit Commissions |
| Hunting and Fishing | Right to hunt, fish, and harvest wildlife protected |
| Crime Victims | Better protections and safeguards for victims of crime |
| Taxation | Maximum tax rate on incomes cannot exceed seven percent |
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What You'll Learn
Voting rights and qualifications
The North Carolina Constitution has been amended 37 times since its ratification in 1971, with 42 amendments in total. The most recent amendments were approved by voters on November 5, 2024. The constitution can be amended through a popular convention or legislation, with the latter being the most common method. Amendments through legislation require a three-fifths majority in both houses of the General Assembly and a majority of the popular vote.
One of the proposed amendments for the 2024 general election is the "citizens-only voting" amendment, which seeks to modify the qualifications to vote by removing the phrase "every person born in the United States and every person who has been naturalized." This amendment has sparked controversy as critics argue that it may prevent naturalized citizens from exercising their fundamental right to vote and promote anti-immigration sentiment.
Another amendment that has received attention is the requirement for photo identification to vote in person, which was proposed in 2018. This amendment adds a layer of security to the voting process, ensuring that only qualified U.S. citizens cast ballots in North Carolina elections.
The North Carolina Constitution also establishes a bipartisan Board of Ethics and Elections Enforcement, ensuring safe and accessible elections through verification checks, post-election audits, and bipartisan trained officials. Additionally, the constitution provides for nonpartisan judicial merit commissions to fill vacancies in the office of justice or judge, promoting a fair and impartial judiciary.
The impact of these constitutional amendments in North Carolina is significant, shaping the state's framework for governance, individual rights, and civil liberties. The amendments reflect the state's commitment to secure and accessible elections, a fair judiciary, and ethical governance.
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Hunting, fishing, and harvesting wildlife
The North Carolina Right to Hunt and Fish Amendment, also known as Ballot Measure 1, was passed in 2018. This amendment establishes a state constitutional right for the people of North Carolina to hunt, fish, and harvest wildlife.
The amendment adds a Section 38 to Article I of the North Carolina Constitution, which states that the right to hunt, fish, and harvest wildlife is a valued part of the state's heritage and shall be preserved for the public good. The text also specifies that the people have the right to use traditional methods of hunting, fishing, and harvesting wildlife, subject to laws and rules enacted by the General Assembly. These laws and rules are in place to promote wildlife conservation and management and to preserve the future of hunting and fishing.
The amendment declares that public hunting and fishing shall be the preferred means of managing and controlling wildlife in North Carolina. This declaration aligns with the traditions and preferences of the state and its bordering neighbours, as every state bordering North Carolina has a similar RTHF (Right to Hunt, Fish, and Harvest Wildlife) constitutional amendment.
The North Carolina Wildlife Resources Commission supports the amendment, recognising the importance of hunting and fishing traditions in the state. The amendment ensures that the General Assembly retains the authority to pass laws and set rules regarding hunting and fishing, allowing for the continued regulation of these activities.
The passage of this amendment by the House and Senate was bipartisan, with some Democrats questioning the need for the change and expressing concerns about the vague language surrounding "traditional methods". Despite these concerns, the amendment ultimately received widespread support from voters in North Carolina, helping to secure the future of hunting, fishing, and wildlife harvesting in the state.
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Victims' rights and protections
The North Carolina Constitution has undergone two major revisions and numerous amendments since its inception in 1776. The most recent constitution was ratified in 1971, and since then, there have been over 20 amendments, most of which extend citizens' rights.
One notable amendment that impacts victims' rights and protections is the North Carolina Marsy's Law Crime Victims Rights Amendment, which was approved by voters in November 2018. This amendment is part of a national effort to increase the rights and privileges of victims in state constitutions. Marsy's Law is named after Marsy Nicholas, the sister of Broadcom Corp. co-founder Henry Nicholas, who was murdered in 1983. The law amends Section 37 of Article I of the North Carolina Constitution, also known as the Declaration of Rights.
The amendment outlines several basic rights for victims of crime, including:
- The right to be informed of and present at court proceedings of the accused.
- The right to be heard at the sentencing of the accused and at other times as prescribed by law or deemed appropriate by the court.
- The right to receive restitution.
- The right to be given information about the crime, the criminal justice system, the rights of victims, and the availability of services for victims.
- The right to receive information about the conviction, final disposition, and sentence of the accused.
In addition to Marsy's Law, the 1971 constitution also included provisions for victims' rights in its Declaration of Rights, which was expanded and clarified over time.
Furthermore, the Session Law 2018-133 established a bipartisan Board of Ethics and Elections Enforcement, which may also have an impact on victims' rights and protections by ensuring fair and transparent elections in the state.
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Income tax rate
In 2018, the North Carolina State Legislature proposed a constitutional amendment to lower the maximum allowable income tax rate from 10% to 7%. This amendment was approved by voters in the midterm elections, with 57% of voters supporting the income tax cap.
However, the NAACP and Clean Air Carolina challenged the amendment in court, arguing that the legislature lacked the authority to propose it due to unconstitutional racial gerrymandering. In 2019, Judge Bryan Collins ruled in favour of the NAACP and Clean Air Carolina, striking down the amendment.
Despite this setback, Republican state lawmakers have continued to pursue a lower income tax rate. In 2024, they proposed another constitutional amendment to lower the maximum income tax rate from 7% to 5%. This amendment is set to go to voters for approval in 2026.
Supporters of lowering the income tax rate argue that it will improve the business climate, boost the economy, and protect taxpayers from future tax hikes. Chris McCoy, state director for Americans for Prosperity, stated that a lower tax cap would "provide a stable environment for businesses". Senate leader Phil Berger claimed that the amendment would allow voters to say no to "high taxes and multibillion-dollar deficits".
On the other hand, critics argue that lowering the income tax rate will harm public services, particularly education. They claim that it will shift the tax burden to counties, leading to increased fees and property and sales taxes. Additionally, they argue that it will make it more difficult for future lawmakers to raise taxes if needed and could result in a loss of billions of dollars in funding for public schools.
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Photo identification requirements
North Carolina's constitution has been amended several times since its inception, and one of the most notable changes in recent years has been the addition of photo identification requirements for voting.
In 2018, North Carolina voters approved a constitutional amendment that requires voters to provide a form of photo identification when voting in person. This amendment, often referred to as the "Voter ID amendment," is aimed at enhancing the security and integrity of the voting process. While the amendment itself does not specify the types of photo identification that will be accepted, it directs the state legislature to enact laws that implement the amendment.
The introduction of photo ID requirements for voting in North Carolina has been a contentious issue. Proponents argue that it helps prevent voter fraud and ensures that only eligible citizens cast their ballots. They believe that this measure safeguards the voting process and maintains public confidence in the election outcomes.
On the other hand, critics of the photo ID requirement argue that it can create barriers to voting, particularly for vulnerable communities. They contend that obtaining acceptable photo identification can be challenging for certain groups, including the elderly, people with disabilities, and individuals from low-income backgrounds. There are concerns that this requirement may disproportionately affect minority groups and naturalized citizens, potentially suppressing their voter turnout.
The impact of the photo identification requirement in North Carolina has been closely monitored, and it continues to be a topic of debate. While some view it as a necessary safeguard, others advocate for alternative methods of voter verification that are more inclusive and accessible to all eligible voters.
In addition to the photo ID amendment, there have been other recent constitutional amendments in North Carolina, such as those related to income tax caps, protections for victims of crime, and the establishment of a bipartisan Board of Ethics and Elections Enforcement. These amendments reflect the dynamic nature of the state's constitution, which is regularly updated to address the evolving needs and priorities of North Carolina's citizens.
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Frequently asked questions
HB 1074 is a ballot initiative that rewrites 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".
HB 1074 may prevent naturalized citizens from exercising their right to vote, including political self-determination, which is guaranteed to all US citizens. It also perpetuates anti-immigration hate and racism.
The North Carolina Constitution can be amended with a legislative or convention-referred constitutional amendment, both of which require voter approval. Amendments must pass by a three-fifths majority in both houses of the General Assembly and obtain a majority of the popular vote.
