Eleanor Finch
The North Carolina Constitution has had three iterations, with the first being created in 1776 after the American Declaration of Independence. The current form was ratified in 1971 and has 14 articles. The Constitution of 1868 abolished slavery and provided for universal male suffrage, and the power of the people to elect representatives and other officeholders was greatly expanded. The position of governor was strengthened with increased powers and a four-year term. The North Carolina Constitution of 1971 clarified the purpose and operations of the state government and expanded the Council of State. It also required the General Assembly to reduce the more than 300 state administrative departments to 25 principal departments, leading to the creation of 19 principal offices or departments, including the 10 members of the North Carolina Council of State, elected by the voters (governor, lieutenant governor, secretary of state, state auditor, state treasurer, superintendent of public instruction, attorney general, and commissioners of agriculture, labor, and insurance).
| Characteristics | Values |
|---|---|
| Number of members of the House | 120 |
| Number of members of the Senate | 50 |
| Governor's position | Strengthened with increased powers and a four-year term |
| Powers of the people | Elect representatives and other officeholders |
| Powers of the people | Universal male suffrage |
| Court system | Established |
| County and town governments | Outlined |
| Public school system | Outlined |
| Legislature's methods of raising revenue | Taxation |
| Number of administrative departments | 25 |
| Number of principal offices or departments | 19 |
| Number of members of the North Carolina Council of State | 10 |
| Number of members of the North Carolina Cabinet departments | 9 |
| Number of members of the Council of State | 8, in addition to the governor and lieutenant governor |
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What You'll Learn
The governor's office
The office of the governor has existed in North Carolina since the state's first constitution was created in 1776. The governor is vested with all executive authority in Article III of the North Carolina Constitution.
The governor's role has been strengthened over time. In 1835, the governor's position was bolstered by providing for their popular election for a two-year term. The 1868 Constitution further empowered the governor, increasing their term to four years. The 1971 Constitution consolidated the governor's duties and powers, expanding the Council of State and increasing the office's budgetary authority.
The governor of North Carolina has a range of duties and powers. They are the commander-in-chief of the state's militia and have the power to lay embargoes and prohibit the exportation of any commodity for up to 30 days. They also have the power to grant pardons and reprieves, except in cases directed by the General Assembly or the law. The governor can make changes to the allocation of offices, agencies, and their functions, powers, and duties as they see fit for efficient administration. They also have the power to veto public bills, which was granted in 1996, making North Carolina the last state to extend this power to its governor.
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Lieutenant governor
The office of the lieutenant governor of North Carolina was created by the state's 1868 constitution. The lieutenant governor was to be chosen by popular election and replaced the speaker of the Senate as the body's presiding officer. They assumed the former office's role in succeeding to the governorship in the event it became vacant. The constitution also made the lieutenant governor an ex officio member of the newly created State Board of Education. From 1868 until 1970, presiding over the Senate was the lieutenant governor's primary role, and in that capacity, they appointed senators to committees and oversaw the passage of legislation. The job was a part-time position, as the lieutenant governor served only when the General Assembly was in session or in the absence of the governor.
In 1972, the Democratic-controlled General Assembly expanded the office's resources to challenge the incoming Republican governor. By 1977, the lieutenant governor was constitutionally authorized to serve two consecutive terms. The office's political prominence increased over the years following the succession amendment, and the legislature continued to expand its powers. Upon a Republican's assumption of the lieutenant governor's office in 1989, Democrats in the Senate modified the body's rules, stripping the office of its long-standing powers to appoint committees in that house and assign bills to those committees.
By 1982, North Carolina had one of the most powerful lieutenant governorships in the country. By 1989, the lieutenant governor was responsible for 195 appointments to 87 state boards (106 of these were subject to legislative confirmation). Despite this, the officials experienced mistrust from the Senate and faced several unsuccessful attempts to strip them of their appointive powers. During Jim Gardner's tenure, the office's staff was further expanded. In 1997, the General Assembly debated modifying the constitution to provide for the election of the lieutenant governor on a joint ticket with the governor or to have the office assume the responsibilities of the North Carolina Secretary of State, but these proposals did not move forward.
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Secretary of state
The North Carolina Secretary of State is a constitutional officer and an elected member of the executive branch of the government of the U.S. state of North Carolina. The position was formally created in 1776, with the first North Carolina Constitution, and the officeholder is fourth in the line of succession to the office of Governor of North Carolina.
The Secretary of State maintains the official journal of the North Carolina General Assembly and is responsible for overseeing land records, chartering corporations, and administering some commercial regulations. They also administer the North Carolina Securities Act and the Uniform Commercial Code, register trademarks, manage land records, and register legislative lobbyists.
The incumbent Secretary of State for North Carolina is Elaine Marshall, a Democrat and the first woman elected to the office. The office's responsibilities are determined by statute and have varied over time. The Secretary of State also has several divisions and sections, including the corporations division, publications division, securities division, and trademarks section.
The position of Secretary of State was first filled in 1675 with the appointment of Robert Holden, who was named by the King of England and served at His Majesty's pleasure. The office developed from that of the secretary of the province, with the inaugural secretary of Carolina being Richard Cobthrop in 1665.
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State auditor
The North Carolina Constitution of 1868 created the Office of State Auditor, superseding the auditor of public accounts and abolishing the post of comptroller. The current North Carolina State Auditor is Dave Boliek, who assumed office in 2025.
The state auditor is a constitutional officer, and Article III, Section 7 of the North Carolina Constitution stipulates that the state auditor is popularly elected every four years. The auditor sits on the Council of State and is ex officio a member of the Local Government Commission, the Capital Facilities Finance Agency, the Debt Affordability Advisory Committee, and several other bodies.
The auditor's original duties included writing an annual report on state revenue and spending, maintaining general accounts of the state, recommending improvements to state fiscal management, settling claims against the state, certifying treasury balances, and issuing warrants for treasury disbursements. In 1872, the auditor was made responsible for compiling local tax lists for county sheriffs to aid in their collection and for reporting to the State Treasurer the amounts due to each fund. The auditor's local tax duties were relieved in 1923.
In 1921, the General Assembly strengthened the power of the State Auditor by giving the office the power to examine, audit, and adjust accounts, but also made the auditor responsible for disbursements and the overall accounting system. This presented the auditor with issues of potential conflict and independence in carrying out their duties. In 1955, the General Assembly separated these duties by transferring the accounting functions to a new position in the executive branch. This change resulted in the State Auditor being in a position of independence to review and comment on the operational and financial affairs of the North Carolina State Government.
Article V, Chapter 147 of the North Carolina General Statutes gives the Auditor broad powers to examine all books, records, files, papers, documents, and financial affairs of every state agency. The auditor's office examines all facets of state government for the misuse of tax dollars through financial statement audits, performance audits, investigative reports, and information technology audits.
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Attorney general
The Attorney General of North Carolina is a constitutional office in the executive branch of the North Carolina state government. The position of attorney general dates back to North Carolina's colonial history, with the title "Attorney General" being used as early as 1677. The British Crown appointed an attorney general for the entire Province of Carolina in 1697, and after the split into North and South Carolina, both had their own attorneys general.
The North Carolina Constitution of 1776 established the office of attorney general in Article XIII, as an official appointed by the North Carolina General Assembly. The attorney general was to serve as long as they maintained "good behaviour", and their authority derived from English common law, colonial traditions, and state laws. The first attorney general for the independent state, Waightstill Avery, served from 1777 to 1779.
The 1868 constitution made the attorney general an elected executive official, serving as the legal advisor to the North Carolina Council of State. The attorney general's duties include providing legal representation to all state agencies, supplying legal advice to judges, magistrates, and county and city attorneys, and addressing appeals to state trial court verdicts. They may also initiate legal action in the public interest.
Since 1971, the attorney general has been a full member of the Council of State, sitting alongside nine other members who are elected by the voters. The attorney general is seventh in the line of succession to the governor, and their salary is fixed by the General Assembly. As of 2025, the incumbent attorney general, Jeff Jackson, assumed office on January 1, 2025.
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Frequently asked questions
The 1776 North Carolina Constitution created the offices of governor, secretary of state, treasurer, and speaker of the Senate.
The 1868 North Carolina Constitution expanded the power of the people to elect representatives and other officeholders, including key officials in the executive branch, judges, and county officials.
The 1971 North Carolina Constitution created 19 principal offices or departments, including the 10 members of the North Carolina Council of State: the governor, lieutenant governor, secretary of state, state auditor, state treasurer, superintendent of public instruction, attorney general, and commissioners of agriculture, labor, and insurance.
