Omar Bennett
The North Carolina Constitution is the state constitution of North Carolina, one of the US states. It is the highest legal document for the state and 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 first North Carolina Constitution was created in 1776 after the American Declaration of Independence, and the current form was ratified in 1971 and has been amended several times. The NC preamble to the constitution, adopted in 1971, begins with We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties... and goes on to outline the state's intentions for establishing a constitution.
| Characteristics | Values |
|---|---|
| Date of creation | December 18, 1776 |
| Number of constitutions | 3 |
| Date of current constitution's ratification | 1971 |
| Number of amendments | 42 |
| Number of articles | 14 |
| Power of the people | All political power is vested in and derived from the people only |
| Legislative authority | Vested in two distinct branches: the Senate and the House of Commons |
| Executive power | Limited powers, no veto |
| Judicial branch | Established but not well-defined |
| Local government | Not included |
| Universal suffrage | Not included |
| Secession | Prohibited |
| Allegiance | Paramount allegiance is owed to the Constitution and government of the United States |
| Oath of office | Required for members of the General Assembly and the Governor |
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What You'll Learn
The North Carolina Constitution is the highest legal document for the state
The first North Carolina Constitution was established on December 18, 1776, by the Fifth North Carolina Provincial Congress, shortly after the American Declaration of Independence. This constitution featured a weak executive branch, with most of the power concentrated in the legislature. The governor, elected by the legislature and serving a one-year term, had limited powers and no veto power. The constitution also established a judicial branch, but its structure was not well-defined.
The 1868 constitution, framed in accordance with the Reconstruction Acts, brought North Carolina back into the Union after the Civil War. This version was a major reorganization and modification of the original document, consisting of fourteen articles.
The current North Carolina Constitution, ratified in 1971, has also been reorganized and consists of fourteen articles. It has been amended multiple times, with voters approving four new amendments as recently as November 5, 2024.
The North Carolina Constitution includes various articles that outline the state's governance. Article I, "Declaration of Rights," outlines 38 recognized rights of the citizens. Article II, "Legislative," declares that all legislative powers reside in the General Assembly, consisting of a Senate and a House of Representatives. Article III, "Executive," vests executive authority in the governor, who now has veto power in certain circumstances. Article IV, "Judicial," defines the composition of the judicial branch and prohibits interference from the legislature. Article V, "Finance," grants the state government the right to tax while also imposing limits.
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It governs the structure and function of the state government
The North Carolina Constitution is the fundamental document that outlines the state's framework for governance, encompassing the powers, structure, and limitations of the state government. It is the highest legal document in North Carolina, guiding the state government's structure and function.
The constitution establishes the rights and equality of the people, declaring that all persons are created equal and endowed with certain inalienable rights, including life, liberty, and the pursuit of happiness. It also recognises the existence of civil, political, and religious liberties. The people of North Carolina hold the inherent, sole, and exclusive right to regulate their internal government and police, as well as the ability to alter or abolish their Constitution for their safety and happiness.
The legislative authority is vested in two distinct branches: the Senate and the House of Commons. The Senate is composed of annually elected representatives, one from each county, while the House of Commons has two representatives for each county and one each for several towns. The legislative branch holds most of the power, unlike the weak executive branch. The governor, elected by the legislature, serves a one-year term and has limited powers, lacking veto power. The constitution also establishes a judicial branch, but its structure is not well-defined.
The Governor has specific duties and powers outlined in the constitution. They are accountable to the General Assembly for the state's finances and can grant pardons and reprieves. The Governor also has the power to fill vacancies in offices during the recess of the General Assembly. Additionally, the Governor and other officers may be prosecuted for violating the Constitution, maladministration, or corruption.
The North Carolina Constitution has undergone several revisions and amendments since its creation in 1776. The current form, ratified in 1971, is the state's third constitution and has been amended multiple times to meet the changing needs of the state and its people.
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It was first created in 1776, with two major revisions since
The North Carolina Constitution was first created on December 18, 1776, after the American Declaration of Independence. The Fifth North Carolina Provincial Congress ratified the first constitution, accompanied by a Declaration of Rights, which was ratified the day before. The congress debated the Constitution for only 3 days before passing it.
The first constitution of North Carolina, also known as the Constitution of 1776, was written to provide the basic framework of state government in North Carolina. It established a government for the state, with a weak executive branch, and most of the power going to the legislature. The constitution also featured a judicial branch, but its structure was not well defined. The governor, who was voted in by the legislature, served a one-year term, renewable up to three consecutive terms, and had limited powers and no veto power.
The Constitution of 1776 also included a Declaration of Rights, which outlined various rights and freedoms for the people of North Carolina. This included popular sovereignty, with Article One stating that "all political power is vested in and derived from the people". It also included the right to a trial by jury, protection against arbitrary rule, the right against unjust seizure, freedom of the press, the right to bear arms, and religious freedom (with some limits).
Since the creation of the first constitution in 1776, there have been two major revisions and many amendments. The first revision took place in 1868, after North Carolina was readmitted into the Union. This revision was a major reorganization and modification of the original constitution, expanding it into fourteen articles. It introduced townships, which each county was required to create, making North Carolina the only southern state to do so at the time. The second major revision took place in 1971, consolidating the 1868 constitution and subsequent amendments into the current form of the North Carolina Constitution, which also has 14 articles.
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The current form was ratified in 1971 and has 14 articles
The Constitution of North Carolina, one of the US state constitutions, 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 of the North Carolina Constitution was ratified in 1971 and has 14 articles. This is the third constitution for the state, the previous ones being in 1776 and 1868. The 1971 constitution has been amended 37 times, with voters approving four new amendments as recently as November 5, 2024.
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 14 articles of the current constitution cover a range of topics, including the Declaration of Rights, Legislative, Executive, Judicial, Finance, Suffrage and Eligibility to Vote, Local Government, Corporations, Education, Homesteads and Exemptions, Punishments, Corrections, and Charities, Military Forces, Conventions, Constitutional Amendment and Revision, and Miscellaneous.
The 1971 constitution establishes the rights and responsibilities of various government officials, including the Governor, members of the General Assembly, and the Lieutenant Governor, who serves as the President of the Senate. It also affirms the state's allegiance to the United States and prohibits secession.
The North Carolina Constitution has undergone significant revisions and amendments over the years to adapt to the changing needs and circumstances of the state and its people. The state's unique historical context and governing traditions have also influenced the content and structure of its constitution.
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It has been amended 37 times since 1971
The North Carolina State Constitution, which was first created in 1776, has been amended 37 times since 1971. The current form of the North Carolina Constitution was ratified in 1971 and has 14 articles.
The first North Carolina Constitution was created on December 18, 1776, after the American Declaration of Independence. The Fifth North Carolina Provincial Congress ratified the first constitution, accompanied by a Declaration of Rights. The congress debated the Constitution for only three days before passing it into law.
The 1776 Constitution featured a weak executive branch, with most of the power going to the legislature. The governor, who was voted in by a legislature, served a one-year term and had limited powers and no power to veto. The constitution also established a judicial branch, but its structure was not well-defined.
Since the first state constitution, there have been two major revisions and many amendments. The first revision was in 1868, framed in accordance with the Reconstruction Acts after North Carolina was readmitted into the Union. It was a major reorganization and modification of the original document, expanding it to fourteen articles.
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Frequently asked questions
The North Carolina State Constitution is the state constitution of North Carolina, one of the U.S. states. It is the highest legal document for the state and 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 North Carolina State Constitution has 14 articles and has been amended 37 times since its ratification in 1971. It establishes a weak executive branch, with most of the power going to the legislature. The governor is voted in by a legislature and serves a one-year term, with limited powers and no power to veto. The constitution also establishes a judicial branch, but its structure is not well-defined.
The preamble to the North Carolina State Constitution reads:
> "We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution."
