Eleanor Finch
The Constitution of North Carolina is the state constitution that outlines the 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, with the intention of establishing a government for the new state. The current constitution, adopted in 1971, has been amended several times to expand the rights of citizens and the government's abilities. The North Carolina Constitution is the highest legal document for the state, subjugating North Carolina law, and has been crucial in the growth of democracy in America.
| Characteristics | Values |
|---|---|
| Purpose | To govern the structure and function of the state government of North Carolina |
| Number of Constitutions | 3 |
| First Constitution | 1776 |
| First Constitution Created After | American Declaration of Independence |
| First Constitution Ratified | December 18, 1776 |
| First Constitution Articles | 25 |
| First Constitution Declaration of Rights Ratified | December 17, 1776 |
| First Constitution Declaration of Rights Articles | 19 |
| Second Constitution | 1868 |
| Second Constitution Articles | 14 |
| Reason for Second Constitution | To bring the state back into the Union after the Civil War |
| Current Constitution | 1971 |
| Current Constitution Articles | 14 |
| Current Constitution Ratified | November 3, 1970 |
| Current Constitution Vote | 393,759 to 251,132 |
| Current Constitution Amendments | 37-42 |
| Latest Amendment | November 5, 2024 |
Explore related products
What You'll Learn
The North Carolina Constitution establishes the state government
The North Carolina Constitution is the highest legal document for the state, outlining the framework for governance and subjugating North Carolina law. The constitution establishes the state government by outlining the powers, structure, and limitations of the government, as well as the rights of citizens.
The first North Carolina Constitution was created in 1776 after the American Declaration of Independence, with the express purpose of establishing a government for the state to prevent anarchy and confusion. This constitution was framed by a "Congress" chosen for that particular purpose and is composed of 25 sections, known as Articles, which outline a separate recognised right. The current form of the constitution, ratified in 1971, has 14 articles and has been amended 37 times, with voters most recently approving four new amendments in November 2024.
The executive power is vested in the Governor, who is the commander-in-chief of the militia and is advised by a "Council of State", a cabinet-like body filled with eight popularly elected officials. The constitution defines the duties of the governor and the process of succession. It also mandates a balanced budget for the state.
The judicial branch of the state government is defined in the constitution, which prohibits the legislature from inhibiting its function. The constitution grants the state House of Representatives the power to impeach state officials and judges. It also secures certain rights for citizens, including the right to a public education, open courts, a trial by jury, freedom of the press, and the right to bear arms.
The Mexican Constitution of 1917: A Landmark in History
You may want to see also
It outlines the rights and equality of citizens
The North Carolina Constitution is the highest legal document for the state, outlining the framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The constitution has been amended several times to expand the rights of citizens and extend the government's abilities.
The original North Carolina Constitution, created in 1776, outlined that "all political power is vested in and derived from the people only" and that "the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof". This established the foundation for popular sovereignty and self-governance in the state.
The 1971 version of the constitution, which is the current version, includes 14 articles that reorganize the state government and expand the rights of citizens. This version has been amended numerous times to further extend the rights of citizens. For example, Section 38, added in 2018, declares the right to hunt and fish.
The North Carolina Constitution also secures additional rights that are not explicitly mentioned in the United States Bill of Rights. These include the right to a public education, open courts, and the right to bear arms. It also specifically denies the state the ability to secede from the United States, declaring that citizens owe allegiance to the federal government.
The constitution outlines the legislative, executive, and judicial branches of government, defining their powers and responsibilities. It establishes the General Assembly as the legislative branch, consisting of a Senate and a House of Representatives, with guidelines for voting districts and qualification for office. The executive authority is vested in the governor, with the duties and succession process outlined, and a limit of two consecutive terms. The judicial branch is defined, prohibiting the legislature from inhibiting its function and granting the power to impeach state officials and judges to the state House of Representatives.
The Constitution's Era: Has It Been Updated?
You may want to see also
It defines the legislative, executive and judicial powers
The Constitution of North Carolina is the highest legal document in the state, outlining the framework for governance and subjugating North Carolina law. It defines the legislative, executive, and judicial powers of the state government, ensuring their separation and providing guidelines for their functions.
Article II of the North Carolina Constitution, titled "Legislative," declares that all legislative powers reside in the General Assembly, which consists of a Senate and a House of Representatives. The Senate and the House of Commons, as outlined in the original 1776 Constitution, were to be composed of representatives annually chosen by ballot, with the House of Commons having two representatives for each county and an additional representative for the towns of Edenton, Newbern, Wilmington, Salisbury, Hillsborough, and Halifax. The current structure, as outlined in the 1971 Constitution, includes 50 members in the Senate and 120 members in the House of Representatives, with each house serving two-year terms.
Article III, titled "Executive," vests all executive authority in the governor. It defines the duties of the governor, the process of succession, and the limit of two consecutive terms. The article also establishes the "Council of State," a cabinet-like body composed of eight popularly elected officials, and mandates a balanced budget.
Article IV, "Judicial," defines the makeup of the judicial branch, prohibiting the legislature from inhibiting its function. It grants the state House of Representatives the power to impeach state officials and judges, similar to the federal government.
The North Carolina Constitution, through these articles, provides a clear framework for the separation and exercise of legislative, executive, and judicial powers, ensuring the effective governance of the state while protecting the rights and liberties of its citizens.
Iran-Contra Affair: Constitutional Crisis and Cover-Up
You may want to see also
Explore related products
It sets the framework for elections and voting districts
The North Carolina Constitution is the highest legal document in the state. It sets out the 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, the third in the state's history, was ratified in 1971 and has been amended several times since.
The constitution sets the framework for elections and voting districts. It establishes that all elections by the people shall be by ballot, and all elections by the General Assembly shall be viva voce. The constitution also sets out eligibility requirements for those seeking elective office—every qualified voter in North Carolina who is 21 years of age or older is eligible for election by the people to office, except as otherwise provided in the Constitution.
The General Assembly, consisting of a Senate and a House of Representatives, is responsible for the legislative powers in North Carolina. The Senate and the House of Commons jointly elect a Council of State to advise the Governor. The constitution outlines the duties of the Governor, including the process of succession, and mandates a balanced budget.
The constitution also includes guidelines for the formation of voting districts and the qualifications for office. It establishes the number of members in each chamber of the General Assembly, with 50 in the Senate and 120 in the House of Representatives, and sets out the term limits for each chamber.
The North Carolina Constitution has played a crucial role in the growth of democracy in the state and the nation. The 1776 constitution, the first in the state, allowed for popular sovereignty, with all political power vested in and derived from the people. This enabled a significant proportion of white adult males to vote, although other groups were excluded due to land ownership requirements.
Massachusetts Non-Compete Agreements: What You Need to Know
You may want to see also
It provides for a seal of the state
The Constitution of North Carolina governs the structure and function of the state government of North Carolina. It 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 North Carolina Constitution provides for a seal of the state, known as the "Great Seal of the State of North Carolina". This seal is used to authenticate certain documents issued by the government of North Carolina. It is kept by the Governor and used by them as required. The seal is affixed to all grants and commissions.
The Great Seal was modified to its present form in 1983. According to an act passed by the North Carolina General Assembly on April 8, 1971, and amended in 1983, the Governor is required to procure a seal, which shall be called the Great Seal of the State of North Carolina. The seal is to be two and a quarter inches in diameter, with a design featuring the figures of Liberty and Plenty facing each other. Liberty, the first figure, stands with a pole and a cap in her left hand and a scroll with the word "Constitution" inscribed on it in her right hand. Plenty, the second figure, sits, with her right arm extended towards Liberty.
The inclusion of a seal in the North Carolina Constitution ensures the authenticity and authority of government documents. It provides a visual symbol of the state's power and sovereignty, with the figures of Liberty and Plenty representing the values of freedom and abundance. The seal also serves as a historical record, with the date of the Halifax Resolves (April 12, 1776) added to the design in 1983. This date commemorates the first official call for independence from Great Britain by any of the American colonies.
New Constitution, Conservative Governance
You may want to see also
Frequently asked questions
The North Carolina Constitution is the state constitution of North Carolina. It governs the structure and function of the state government and is the highest legal document for the state. It secures rights such as the right to a public education, to open courts, and to bear arms.
The North Carolina Constitution was first created in 1776 after the American Declaration of Independence. Since then, there have been three state constitutions, the current one being ratified in 1971. The 1971 constitution was drafted after a study conducted by the North Carolina State Bar into needed updates and reorganizations. Since 1971, there have been over 20 amendments, mostly extending the rights of citizens.
The North Carolina Constitution guarantees the right to a public education, to open courts, and to bear arms. It also denies the state the ability to secede from the United States and declares that citizens owe allegiance to the US Constitution and government. It establishes a Senate and House of Representatives, with 50 and 120 members respectively, and sets guidelines for voting districts and qualification for office.
