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The North Carolina Constitution is the state constitution of North Carolina. It is the highest legal document for the state and supersedes North Carolina law. The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. Since then, there have been two major revisions in 1868 and 1971, with the current constitution being ratified in 1971. The North Carolina Constitution has been amended several times, with over 20 amendments since 1971, and the latest amendments being approved in 2024.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 3 |
| First Constitution | 1776 |
| Second Constitution | 1868 |
| Current Constitution | 1971 |
| Number of Articles in Current Constitution | 14 |
| Number of Amendments to Current Constitution | 20+ |
| Number of Propositions for Amendment (1869-1968) | 97 |
| Number of Amendments since 1971 | 42 |
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What You'll Learn
- The first North Carolina Constitution was created in 1776
- The 1776 Constitution was amended in 1835
- The 1868 Constitution was amended to discriminate against African Americans
- The 1971 Constitution was drafted after a study by the North Carolina State Bar
- The 1971 Constitution has been amended over 20 times
The first North Carolina Constitution was created in 1776
The 1776 constitution gave the greatest power to the General Assembly, which was responsible for making laws and appointing all state executives and judges. The governor, who served a one-year term, had little power due to previous conflicts with royal governors. The constitution also included a Declaration of Rights, which provided for the basic rights of North Carolinians, such as popular sovereignty, separation of powers, and freedom of religion.
The first constitution was substantially amended in 1835 to strengthen the political system it created. The amendments included increasing the number of members in the House and Senate and providing for the popular election of the governor for a two-year term. The 1868 constitution, which was framed in accordance with the Reconstruction Acts, brought North Carolina back into the Union after the Civil War. It abolished slavery, provided for universal male suffrage, and made significant changes to the structure of the state government.
The current North Carolina Constitution, ratified in 1971, is the third constitution and resulted from a study conducted by the North Carolina State Bar to identify necessary updates and reorganizations. It has been amended over 20 times since its ratification, with amendments expanding the rights of citizens and the government's abilities.
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The 1776 Constitution was amended in 1835
North Carolina's first constitution was adopted on December 18, 1776, by the state's Fifth Provincial Congress, under the leadership of Speaker Richard Caswell. This constitution was created after the American Declaration of Independence to reaffirm the rights of the people and establish a government compatible with the ongoing struggle for American independence. The 1776 Constitution was substantially amended in 1835.
The 1776 Constitution of North Carolina established a government for the new state. It outlined the familiar three branches of government: executive, legislative, and judicial, with the greatest power vested in the General Assembly. The legislative authority was to be vested in two distinct branches, both dependent on the people: a Senate and a House of Commons. The Senate was to be composed of annually elected representatives, one for each county in the state. The House of Commons was to be composed of annually elected representatives, two for each county and one for each of the towns of Edenton, New Bern, Wilmington, Salisbury, Hillsborough, and Halifax. The governor, serving a one-year term, would have little power, a result of the grave conflicts with previous royal governors.
The 1776 Constitution also included a Declaration of Rights, which guaranteed specific liberties and protections to the people of North Carolina. It affirmed the principle of the separation of powers and stated that all political power is vested in and derived from the people. It established a judicial branch, but its structure was not well-defined. The constitution also lacked a system of local government and did not provide for universal suffrage. Only landowners could vote for senators until 1857, and to hold state office, one had to own land until 1868.
In 1835, a state constitutional convention was called to address dissatisfaction with the central role of the General Assembly. Many revisions were made to the 1776 Constitution at this time, but it was kept in place until the second state constitution was adopted in 1868. The 1835 convention did not address the lack of universal suffrage or the power of the General Assembly, which continued to pick judges, the governor, and members of the Council of State. The governor's power was further limited by the requirement to obtain the consent of the Council of State to exercise certain powers.
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The 1868 Constitution was amended to discriminate against African Americans
The state of North Carolina has had three constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971. The 1868 Constitution was framed in accordance with the Reconstruction Acts after North Carolina was readmitted to the Union following the Civil War. While the Reconstruction Acts granted Black men in Southern states the right to vote and hold elected office, the 1868 Constitution was later amended to discriminate against African Americans.
The 1868 Constitution gave more power to the people and the governor, and it established a judicial branch. It also established universal suffrage, although this was diminished in 1900 by the requirement of a literacy test and a poll tax, which effectively disenfranchised many Black people, as well as Indians and others. Amendments in 1873 and 1875 also weakened the progressive nature of the 1868 Constitution, giving the General Assembly jurisdiction over the courts, as well as county and town governments.
The 14th Amendment to the U.S. Constitution, ratified in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It established the principle of birthright citizenship, granting citizenship to "all persons born or naturalized in the United States". However, despite the ratification of the 14th Amendment, white southerners continued to violently oppose Black civil rights.
The 15th Amendment to the U.S. Constitution, ratified in 1870, granted African American men the right to vote. However, in the early 1890s, steps were taken to ensure "white supremacy", and literacy tests, "grandfather clauses", and other devices to disenfranchise African Americans were written into the laws of former Confederate states. For more than 50 years, the majority of African American citizens were reduced to second-class citizenship under the "Jim Crow" segregation system.
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The 1971 Constitution was drafted after a study by the North Carolina State Bar
The Constitution of the State of North Carolina is the highest legal document for the state, governing the structure and function of its government. It is subject to federal judicial review, and federal law and the US Constitution take precedence over the North Carolina Constitution.
The state has had three constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971. The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. The 1868 Constitution was framed in accordance with the Reconstruction Acts after North Carolina was readmitted into the Union following the Civil War.
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 by a vote of 393,759 to 251,132, along with 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 for borrowing by city and county governments.
Since the 1971 Constitution, there have been numerous amendments, including setting the voting age at 18, allowing the governor and lieutenant governor to be elected to two consecutive terms, and giving the governor the power to veto legislation passed by the General Assembly.
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The 1971 Constitution has been amended over 20 times
The current North Carolina Constitution was ratified in 1971 and has been amended over 20 times. It is the third constitution in the state's history, following the previous two in 1776 and 1868. The 1971 Constitution was formed after a study by the North Carolina State Bar in 1967, which outlined a more easily ratifiable document that logically organized topics and omitted unconstitutional sections. The language and syntax were also updated and standardized.
The 1971 Constitution has been amended numerous times to extend the rights of citizens and the powers of the government. Notable amendments include setting the voting age at 18, allowing the governor to veto legislation and be elected to two consecutive terms, and prohibiting a person convicted of a felony from holding the office of county sheriff. The constitution has also been amended to require a balanced budget, require judges to be lawyers, and add and expand the rights of victims in the Declaration of Rights.
The 1971 Constitution also addressed issues related to taxation. Amendments included prohibiting all capitation and poll tax, omitting the limitation on property tax of $0.20 per $100 valuation, and creating a state income tax computed on the same basis as the federal income tax. These changes aimed to simplify and modernize the tax system in North Carolina.
The process of amending the North Carolina Constitution involves a legislative or convention-referred constitutional amendment, both of which require voter approval. The ease of amendability has resulted in frequent constitutional changes, reflecting the state's evolving political and social landscape.
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Frequently asked questions
The first North Carolina Constitution was written in 1776, after the American Declaration of Independence.
North Carolina has had three state constitutions.
The current North Carolina Constitution was written in 1971.
The 1971 Constitution has been amended over 20 times, with the latest amendments being approved in 2024.
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