Isabella Carter
The 1971 North Carolina Constitution was the third and current revision of the state's constitution, ratified on November 3, 1970, and taking effect in 1971. It reorganized the entire state government, clarifying the purpose and operations of the government, and addressing the requirements of the modern economy and society. The 1971 Constitution was formed after nearly 70 constitutional amendments between 1869 and 1968, and a growing desire for a new constitution in the 1950s and 1960s. The new constitution included provisions for the levying of additional county taxes, the General Assembly's jurisdiction over local services for taxing and borrowing purposes, the abolition of poll taxes, and the authorization of the General Assembly to permit local governments to create special taxing districts. It also addressed the ongoing needs of public education, including funding, school attendance, and the organization of the State Board of Education.
| Characteristics | Values |
|---|---|
| Number of constitutions | 3 |
| Previous constitutions | 1776, 1868 |
| Reason for new constitution | To reorganize the entire state government |
| Constitution | Clarified the purpose and operations of the state government |
| Constitution | Clarified the hierarchy of the court system |
| Constitution | Gave the General Assembly jurisdiction over the courts and county and town governments |
| Constitution | Addressed the needs of public education |
| Constitution | Abolished poll tax |
| Constitution | Permitted the levying of additional county taxes |
| Constitution | Authorized the General Assembly to permit local governments to create special taxing districts |
| Constitution | Allowed the governor and lieutenant governor to serve two consecutive terms |
| Number of amendments since 1971 | Over 20 |
| Notable amendments since 1971 | Prohibiting same-sex marriage |
| Number of state agencies in 1971 | 200 |
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What You'll Learn
The 1971 Constitution reorganised the North Carolina state government
The 1971 Constitution of North Carolina was the third in the state's history, following the Constitutions of 1776 and 1868. The 1971 Constitution reorganised the entire state government, reflecting the requirements of the modern economy and society. It clarified the purpose and operations of the state government.
The 1971 Constitution was preceded by nearly 70 constitutional amendments between 1869 and 1968, and a growing desire for a new constitution in the 1950s and 1960s. In 1967, Governor Dan K. Moore recommended that the North Carolina State Bar take the lead in revising the state constitution. A study commission found that too many changes were needed to be passed as amendments, so they rewrote the existing constitution, making mainly small changes to clean up and clarify the text. They also proposed ten major amendments.
The General Assembly approved the new draft constitution in 1969, along with six of the amendments, and put them to a statewide vote. In the election of November 1970, the people of North Carolina approved the new constitution and five of the six amendments. The new constitution took effect in 1971. The amendments approved by the General Assembly and ratified by the people reorganised the executive branch, banned poll taxes, provided for new kinds of local taxes, and allowed city and county governments to borrow.
Since the 1971 Constitution, there have been over twenty amendments, most of which extended the rights of citizens or the government's ability to issue bonds. Notable amendments include setting the voting age at 18, allowing the governor and lieutenant governor to serve two consecutive terms, requiring the state to run a balanced budget, requiring judges to be lawyers, and adding Victims' Rights to the Declaration of Rights.
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It clarified the purpose and operations of the state government
The North Carolina Constitution of 1971 clarified the purpose and operations of the state government. This was the third state constitution in North Carolina's history, following the Constitution of 1776 and the Constitution of 1868. The 1971 Constitution reorganized the entire state government to meet the requirements of the modern economy and society.
The new constitution addressed the funding needs of public education, including funding, school attendance, and the organization of the State Board of Education. It affirmed the legislature's responsibility to support higher education. It also clarified the hierarchy of the court system and gave the General Assembly jurisdiction over the courts, as well as county and town governments.
The 1971 Constitution also made changes to the tax system. It permitted the levying of additional county taxes to support law enforcement, jails, elections, and other functions. It enabled the General Assembly, rather than the state constitution or the courts, to decide what were necessary local services for taxing and borrowing purposes. It abolished the poll tax, which previously been a condition for voting, and allowed for new kinds of local taxes and borrowing by city and county governments.
The 1971 Constitution also reorganized the executive branch of government. It maintained the separation of power between the three branches of government, but the true power was held by the General Assembly, whose members were the only state officials elected by the people until 1836. The General Assembly picked judges, the governor, and members of the Council of State. The governor was stripped of their veto power, and a council was established to vote on decisions. The 1971 Constitution also allowed the governor and lieutenant governor to serve two consecutive terms, whereas previously they were limited to one term.
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It abolished poll taxes
The North Carolina Constitution of 1971 is the current version of the state's statute constitution. It is the third state constitution, following the Constitution of 1776 and the Constitution of 1868. The 1971 Constitution reorganized the entire state government to meet the requirements of the modern economy and society.
The 1971 Constitution abolished poll taxes, which had been in place since the early 20th century. Poll taxes were sometimes seen as a revenue measure, particularly during the colonial period. In the context of voting, a poll tax was often coupled with a literacy test, which effectively disenfranchised many Black people, Indigenous people, and others. In 1900, universal suffrage in North Carolina was diminished by the introduction of a literacy test and poll tax as requirements for voting.
The 1971 Constitution prohibited all capitation and poll taxes. This built on earlier efforts to eliminate the poll tax as a qualification for voting. In 1919, a state constitutional amendment removed the poll tax as a condition for voting in North Carolina. However, the poll tax continued to be used as a revenue measure until it was prohibited by the 1971 Constitution.
The abolition of poll taxes in the 1971 Constitution was part of a broader set of changes to the state's tax system. The new constitution allowed for new kinds of local taxes and borrowing by city and county governments. It also enabled the General Assembly to decide on necessary local services for taxing and borrowing purposes and to create special taxing districts to provide more services.
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It allowed for new kinds of local taxes
The 1971 North Carolina Constitution was ratified to reorganize the state government to meet the requirements of the modern economy and society. It was the third constitution in the state's history, following the Constitution of 1776 and the Constitution of 1868. The 1971 Constitution made several significant changes, one of which was allowing for new kinds of local taxes.
Prior to the 1971 Constitution, the state constitution and courts decided what were necessary local services for taxing and borrowing purposes. The new constitution, however, enabled the General Assembly to make these decisions. This change allowed for more flexibility and adaptability in determining local services that required taxation and borrowing.
One of the new types of local taxes permitted under the 1971 Constitution was county taxes. These taxes could be levied to support various functions, including law enforcement, jails, and elections. This provision ensured that these essential services had a dedicated funding source, allowing for more efficient resource allocation and improved service delivery.
Additionally, the 1971 Constitution authorized the General Assembly to permit local governments to create special taxing districts. These districts were established to provide enhanced services and to fix personal exemptions for income taxes. This provision allowed for more localized control over taxation and gave local governments the ability to tailor tax policies to meet the specific needs of their communities.
The 1971 Constitution also addressed the funding needs of public education. It recognized the importance of adequate funding for schools and affirmed the legislature's responsibility to support higher education. This included not only the campuses of the consolidated University of North Carolina but also other institutions of higher learning within the state.
In conclusion, the 1971 North Carolina Constitution's provisions regarding local taxes represented a significant shift in decision-making power and taxation policies. These changes allowed for more flexibility, responsiveness, and localized control over taxation, ultimately aiming to better serve the needs of North Carolina's modern economy and society.
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It addressed the needs of public education
The North Carolina Constitution of 1971 addressed the needs of public education, which had been neglected in previous years. The new constitution made provisions for funding, school attendance, and the organisation of the State Board of Education. The document also affirmed the legislature's responsibility to support higher education, not just within the campuses of the consolidated University of Carolina.
The 1971 Constitution was the third in North Carolina's history, following the Constitution of 1776, which created the government for the new state, and the Constitution of 1868, which brought the state back into the Union after the Civil War. The 1971 Constitution was a response to the changing needs of modern society and the economy, reorganising the entire state government and clarifying the purpose and operations of the state.
The 1971 Constitution was preceded by nearly 70 constitutional amendments between 1869 and 1968, and a growing desire for a new constitution in the 1950s and 1960s. A study commission, composed of lawyers and public leaders, was formed to evaluate the need for and outline substantial revisions. They proposed ten major amendments, and the General Assembly approved a new draft constitution in 1969, along with six of the amendments. The people of North Carolina approved the new constitution in the election of November 1970, with a vote of 393,759 to 251,132, and five of the six amendments were also passed.
The new constitution banned poll taxes, allowed for new kinds of local taxes, and enabled the General Assembly to decide on necessary local services for taxing and borrowing purposes. It also clarified the hierarchy of the court system and gave the General Assembly jurisdiction over the courts, as well as county and town governments. Since 1971, there have been over twenty amendments to the constitution, mostly extending the rights of citizens or the government's ability to issue bonds.
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Frequently asked questions
The 1971 North Carolina Constitution was the third major revision of the state's constitution, following the versions from 1776 and 1868. It reorganized the entire state government to meet the requirements of the modern economy and society, and clarified the purpose and operations of the state government.
The 1971 Constitution made mainly small changes to clean up and clarify the text. It also proposed ten major amendments, of which six were approved by the General Assembly and five were ratified by the people of North Carolina. These amendments reorganized the executive branch, banned poll taxes, provided for new kinds of local taxes, and allowed local governments to borrow and create special taxing districts.
In 1967, Governor Dan K. Moore recommended that the North Carolina State Bar take the lead in revising the state constitution. A study commission found that too many changes were needed, so they rewrote the existing constitution and proposed amendments. The General Assembly approved the new draft constitution in 1969, and put it to a statewide vote in the 1970 election, where it was approved by the people of North Carolina.
Since the 1971 Constitution, there have been over twenty amendments, most of which extended the rights of citizens or the government's ability to issue bonds. Notable amendments include setting the voting age at 18, allowing the governor and lieutenant governor to serve two consecutive terms, prohibiting poll taxes, creating a state income tax, and requiring the state to run a balanced budget.
