Jonah Patel
The state of North Carolina has had three constitutions, each created in response to significant events in the state's history. The first constitution was ratified on December 18, 1776, by the Fifth North Carolina Provincial Congress. This constitution affirmed the separation of power between the three branches of government and created a government for the new state. The second constitution was ratified in 1868, following the Civil War, and the third and current constitution was ratified in 1971.
| Characteristics | Values |
|---|---|
| Year signed | 1776 |
| Amendments | 1835 |
| Number of state constitutions | 3 |
| Constitution of 1868 | Abolished slavery and provided for universal male suffrage |
| Constitution of 1971 | Reorganized the state government |
| Number of propositions for amending the Constitution of the State | 97 |
| Number of amendments since 1971 | 70 |
| Latest addition | Section 38, added in 2018 |
| Number of members in the Senate | 50 |
| Number of members in the House of Representatives | 120 |
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What You'll Learn
- North Carolina has had three constitutions, in 1776, 1868, and 1971
- The 1776 constitution affirmed the separation of powers
- The 1868 constitution abolished slavery and provided for universal male suffrage
- The 1971 constitution reorganized the state government to meet modern requirements
- The state constitution secures rights such as the right to a public education and to open courts
North Carolina has had three constitutions, in 1776, 1868, and 1971
The 1776 constitution was amended in 1835, with changes including an increase in the number of members of the House and Senate, and the popular election of the governor for a two-year term. However, the constitution came under attack, and by the 1860s, North Carolina was holding conventions to deal with its secession from the Union. Following the Civil War, a new national authority obliged the state to bring its laws into line with federal law, and so the 1868 constitution was born.
The 1868 constitution was a progressive document that borrowed from previous state constitutions and added new provisions. It abolished slavery and provided for universal male suffrage, expanding the power of the people to elect representatives and other officeholders. The governor's position was strengthened with increased powers and a four-year term.
The 1971 constitution was created in response to the requirements of the modern economy and society, reorganizing the entire state government. It included a Declaration of Rights, as well as 14 articles covering topics such as legislative powers, suffrage, finance, and education. Since 1971, important amendments have included setting the voting age at 18 and allowing the governor and lieutenant governor to serve two consecutive terms.
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The 1776 constitution affirmed the separation of powers
The first North Carolina Constitution was created in 1776, after the American Declaration of Independence. The 1776 Constitution affirmed the separation of powers and identified the three branches of government (executive, legislative, and judicial). The legislative authority was to be vested in two distinct branches, both dependent on the people: the Senate and the House of Commons. The Senate was to be composed of representatives annually chosen by ballot, one for each county in the state. The House of Commons was to have two representatives for each county and one for each of Edenton, New Bern, Wilmington, Salisbury, Hillsborough, and Halifax.
The 1776 Constitution gave the greatest power to the General Assembly, which would make the laws and appoint all state executives and judges. The Governor, serving a one-year term, would exercise little power, a result of grave conflicts with previous royal governors. The Governor was also held to strict term limits; a person could only hold the office three terms in every six years.
The Constitution established a judicial branch, but its structure was not well-defined. The General Assembly picked the judges, who served life terms. The Governor was to be the captain-general and commander-in-chief of the militia and, in the recess of the General Assembly, was to have the power to grant pardons and reprieves.
The 1776 Constitution was substantially amended in 1835 to strengthen the political system it created. The number of members of the House and Senate was fixed at 120 and 50, respectively. The Governor's position was strengthened by providing for his popular election for a two-year term.
The Constitution of 1868, ratified by North Carolinians, was a relatively progressive document that borrowed from previous state constitutions and added new provisions. It abolished slavery and provided for universal male suffrage. The power of the people to elect representatives and other officeholders was greatly expanded. Voters' rights were increased, with male citizens no longer required to own property or meet specific religious qualifications to vote. The position of Governor was again strengthened with increased powers and a four-year term.
The current North Carolina Constitution was ratified in 1971 and has since undergone over twenty amendments, most of which extend the rights of citizens or the government's ability to issue bonds.
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The 1868 constitution abolished slavery and provided for universal male suffrage
The Constitution of North Carolina was first drafted in 1776, with two further constitutions being ratified in 1868 and 1971. The 1868 constitution was a direct result of the Radical Congressional Reconstruction Acts passed in 1867, which overturned post-Civil War Presidential Reconstruction. The 1868 constitution abolished slavery and provided for universal male suffrage.
The 1868 Constitution of North Carolina was a relatively progressive document that borrowed from previous state constitutions and added new provisions. It was drafted by delegates to a constitutional convention duly elected in April 1868, at the direction of the U.S. Congress. The constitution was ratified by North Carolinians by a vote of 93,086 to 74,016.
The 1868 Constitution also strengthened the position of the governor, increasing the governor's powers and extending their term to four years. This was a continuation of the 1835 convention, which had already strengthened the governor's position by providing for their popular election for a two-year term. The 1868 Constitution also established a court system, outlined county and town governments, and codified the legislature's methods of raising revenue by taxation.
However, despite its progressive nature, the 1868 Constitution was not without its shortcomings. Amendments made in 1873 and 1875 weakened its progressive aspects, and by 1900, the universal suffrage it had established was diminished by the requirement of a literacy test and poll tax, effectively disenfranchising many blacks, Native Americans, and others.
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The 1971 constitution reorganized the state government to meet modern requirements
The state of North Carolina has had three constitutions, each created in response to significant events in the state's history. The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. The second was ratified in 1868, after North Carolina was readmitted into the Union following the Civil War. The third and current constitution was ratified in 1971.
In 1967, the North Carolina State Bar began a study into the changes needed to modernize the constitution. The North Carolina State Constitution Study Commission, a group of state political leaders and attorneys, assembled to study other state constitutions and current federal law and make recommendations for modernizing North Carolina's constitution. The Commission's 1968 report set forth a series of recommended changes and amendments to the North Carolina Constitution, on which the 1971 constitution was based. The final version of the 1971 constitution sought to clarify the operations of state government and ensure that North Carolina's foundational legal document reflected the unique needs of modern society. It logically organized topics and omitted obviously unconstitutional sections.
The 1971 constitution made several significant amendments. These included setting the voting age at 18, allowing the governor and lieutenant governor to be elected to two consecutive terms, prohibiting all capitation and poll tax, creating a state income tax, requiring the state to run a balanced budget, requiring judges to be lawyers, adding and expanding Victims' Rights in the Declaration of Rights, giving the governor the veto power, and prohibiting a person convicted of a felony from holding the office of county sheriff.
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The state constitution secures rights such as the right to a public education and to open courts
The state of North Carolina has had three constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971. The first constitution, which was ratified on December 18, 1776, established the government for the new state and affirmed the separation of powers between the three branches of government: the legislative, executive, and judicial. The legislative branch, or the General Assembly, held the most power and was responsible for appointing state executives and judges. The governor, who served a one-year term, had little power due to conflicts with previous royal governors.
Over time, the 1776 constitution came under attack, leading to the convention of 1835, which sought to strengthen it and improve the political system. The number of members in the House and Senate was fixed, and the governor's position was strengthened by providing for a popular election for a two-year term. However, this was not enough to prevent North Carolina's secession from the Union during the Civil War.
After the Civil War, North Carolina was readmitted into the Union, and the Constitution of 1868 was framed to bring the state back into compliance with federal law. This constitution was relatively progressive, abolishing slavery and providing for universal male suffrage. It also expanded the rights of voters and the power of the governor.
The Constitution of 1971 was a response to the changing needs of a modern economy and society. It reorganized the state government and expanded the rights of citizens. Since then, there have been over twenty amendments, most of which continue to extend the rights of citizens or the government's ability to issue bonds.
The North Carolina Constitution secures rights such as the right to a public education and open courts. It also denies the state the ability to secede from the United States and declares that citizens owe allegiance to the Constitution and government of the United States. The constitution covers guidelines for the formation of voting districts and qualifications for office, with each house serving a two-year term.
The right to a public education is a fundamental aspect of the state's commitment to its citizens. It ensures that all children have access to equitable learning opportunities and the resources necessary for their academic growth. Open courts, on the other hand, are crucial for ensuring transparency and accessibility in the justice system. This right guarantees that court proceedings are conducted in public, allowing for greater accountability and trust in the judicial process.
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Frequently asked questions
The state of North Carolina has adopted three different constitutions, in 1776, 1868, and 1971.
The 1776 Constitution was created by the Fifth North Carolina Provincial Congress to support North Carolinians in their fight for American independence. It affirmed the separation of powers between the three branches of government (executive, legislative, and judicial) and gave the greatest power to the General Assembly. The Governor served a one-year term and had little power.
The 1868 Constitution was a result of a federal mandate requiring North Carolina and other former Confederate states to bring their laws into conformity with U.S. federal law. It abolished slavery, provided for universal male suffrage, and made significant changes to the structure of North Carolina's governmental branches.
