Isabella Carter
The North Carolina Constitution has been amended several times since its ratification in 1971. The state has had three constitutions in its history, created in response to significant events. The first was established in 1776 after the American Declaration of Independence, the second in 1868 after the Civil War, and the third in 1971. The current constitution has been amended 37 times, with the majority of these amendments extending the rights of citizens or the government's ability to issue bonds. Amendments to the North Carolina Constitution can be made through popular convention or legislation, with the latter being the most common method.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 3 |
| First Constitution | 1776 |
| Second Constitution | 1868 |
| Third Constitution | 1971 |
| Number of Amendments to the 1971 Constitution | 42 or over 20 |
| Number of Amendments overall | 37 |
| Number of Amendments passed in 2024 | 4 |
| Ways to amend the Constitution | Legislative action, popular convention |
| Legislative action requirements | Three-fifths majority in both houses of the General Assembly and a majority of popular vote |
| Legislative body that passes laws to amend the Constitution | North Carolina General Assembly |
| Other names for the legislative body | NCGA, General Assembly |
| Body that preserves the State Constitution and its amendments | Constitutional Amendments Publication Commission (CAPC) |
| Body that prepares an explanation of the amendment | Constitutional Amendments Publication Commission (CAPC) |
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What You'll Learn
North Carolina's three constitutions
North Carolina has had three constitutions in its history. The first was created in 1776, after the American Declaration of Independence. This constitution was substantially amended in 1835, with changes including an increase in the number of members elected to the House and Senate, and the popular election of the governor for a two-year term. The first constitution also included the Declaration of Rights, which provided for the basic rights of North Carolinians, such as popular sovereignty, separation of powers, and freedom of religion.
The second North Carolina constitution was formed in 1868, in accordance with the Reconstruction Acts, as the state was readmitted to the Union following the Civil War. This version was a major reorganisation and modification of the original, introducing townships that each county was required to create, the only southern state to do so. Notably, this constitution abolished slavery and provided for universal male suffrage, although amendments in subsequent years would walk back some of these provisions.
The third and current North Carolina constitution was ratified in 1971 and has been amended 37 times, although some sources state 42 amendments. This version was drafted after a study conducted by the North Carolina State Bar, which investigated needed updates and reorganisations. The 1971 constitution has 14 articles, including the "Declaration of Rights", which outlines 38 separate recognised rights, and "Legislative", which declares that all legislative powers reside in the General Assembly.
The North Carolina Constitution can be amended by popular convention or through legislation, with the latter being the most common method. In a legislative action, an amendment must pass by three-fifths in both houses of the General Assembly and obtain a majority of the popular vote. Recent amendments include the protection of the right to hunt, fish, and harvest wildlife, and the requirement of photo identification to vote in person.
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Amendments to the 1971 constitution
The North Carolina Constitution of 1971 is the current version of the statute constitution. It is the third constitution in the state's history, following the previous two in 1776 and 1868. The 1971 Constitution was drafted after a study conducted by the North Carolina State Bar, which investigated the needed updates and reorganizations. The study found that too many changes were needed to be passed as amendments, so the commission 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.
Since the Constitution of 1971, there have been 42 amendments, though one source suggests there have been 37 amendments. Significant amendments made since the 1971 constitution include prohibiting all capitation and poll tax, omitting the limitation on property tax of $0.20 per $100 valuation, creating a state income tax, allowing the governor and lieutenant governor to serve two consecutive terms, 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, prohibiting a person convicted of a felony from holding the office of county sheriff, and defining marriage as between one man and one woman.
In 1977, the constitution was amended to allow governors and lieutenant governors to be re-elected to consecutive terms. In 1995, the governor was given the power to veto legislation passed by the General Assembly, though one source states this was in 1996. In 2018, several amendments were made to the constitution, including to establish a bipartisan Board of Ethics and Elections Enforcement, to protect the right to hunt, fish, and harvest wildlife, to provide better protections for victims of crime, to ensure the maximum tax rate on incomes does not exceed seven per cent, and to require photo identification to vote in person.
The North Carolina Constitution can be amended with a legislative or convention-referred constitutional amendment, both of which require voter approval. The constitution may be amended by popular convention or through legislation. The latter is the most common way to amend the constitution, as the last time the constitution was amended by convention was in 1875. In a legislative action, an amendment must pass by three-fifths in both houses of the General Assembly and also obtain a majority of the popular vote.
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The process of amending the constitution
The North Carolina Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Both methods require voter approval.
Legislative Process
The legislative process requires a proposal for a new or revised Constitution or an amendment to be initiated by the General Assembly. This can only happen if three-fifths of all the members of each house adopt an act submitting the proposal to the qualified voters of the State for their ratification or rejection. The proposal is then submitted at the time and in the manner prescribed by the General Assembly. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.
State Constitutional Convention
According to Article XIII of the North Carolina Constitution, a two-thirds (66.67%) vote of both chambers of the state Legislature is required to place a constitutional convention question on the ballot. A Convention of the People of North Carolina may propose a new or revised Constitution or constitutional amendments. Every new or revised Constitution and every constitutional amendment adopted by a Convention shall be submitted to the qualified voters of the State. If a majority of the votes cast are in favor of the proposal, it will become effective on the following January 1st, unless a different effective date is prescribed in the act submitting the proposal to the voters.
Historical Context
The current North Carolina Constitution, ratified in 1971, is the state's third constitution. The first was created in 1776 after the American Declaration of Independence and was substantially amended in 1835. A new constitution was adopted in 1868 to bring the state back into the Union after the Civil War. The 1971 constitution was drafted after a study by the North Carolina State Bar investigated needed updates and reorganizations. Since the Constitution of 1971, there have been at least 37 amendments, with voters approving four new amendments as recently as November 5, 2024.
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![Collation of Charters, Amendments, and Consolidations, March 10, 1891 1891 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Amendments to the 1868 constitution
The North Carolina Constitution of 1868 was formed after the Civil War, bringing the state back into the Union. It was a response to a federal mandate requiring North Carolina and other former Confederate states to bring their laws into conformity with US federal law. The 1868 Constitution abolished slavery and provided for universal male suffrage, as well as making other significant changes to the structure of North Carolina's governmental branches.
The 1868 Constitution was drafted by a constitutional convention in 1868, which was called by North Carolina's provisional governor, William W Holden, under orders from the President. The convention first nullified secession and abolished slavery, two requirements for re-entry into the Union. The resulting constitution was mostly a restatement of the 1776 constitution and the 1835 amendments, and it was rejected in a popular vote. A second convention was called, this time led by Republicans, who included Black delegates and some Northerners.
- Amendments in 1873 and 1875 weakened the progressive nature of the 1868 Constitution. They clarified the hierarchy of the court system and gave the General Assembly jurisdiction over the courts, as well as county and town governments.
- In 1900, universal suffrage was diminished by the introduction of a literacy test and poll tax, effectively disenfranchising many Black people, Native Americans, and others.
- Between 1869 and 1968, there were nearly 70 constitutional amendments.
- In 1971, the entire state government was reorganised in light of the requirements of the modern economy and society, and this was North Carolina's third constitution.
- Since the 1971 Constitution, there have been at least 37 amendments, with some sources citing 42.
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The Declaration of Rights, 1776
The Declaration of Rights provided for the revolutionary freedoms granted to North Carolina citizens. It described citizens' rights to popular sovereignty, separation of powers, freedom of religion, and other basic concepts considered their natural rights. The first provision emphasised that all political power comes from and is vested in the people.
Section II of the Declaration of Rights stated that the people of North Carolina ought to have the sole and exclusive right to regulate their internal government and police force. Section III asserted that no individual or group of individuals is entitled to exclusive or separate privileges from the community, except in consideration of public services.
Section IV emphasised the importance of the separation of powers, stating that legislative, executive, and supreme judicial powers of government should be forever separate and distinct from each other. Section VII outlined criminal prosecution procedures, including the right of every man to be informed of the accusation against him and to confront accusers and witnesses. It also stated that no man shall be compelled to give evidence against himself.
Section XVI of the Declaration of Rights recognised the freedom of the press as one of the great bulwarks of liberty, stating that it ought never to be restrained. This section also asserted the right of the people to not be taxed without their consent or that of their representatives in the General Assembly. Additionally, it recognised the right of the people to bear arms for the defence of the state and asserted that standing armies in times of peace are dangerous to liberty and should not be maintained.
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Frequently asked questions
The North Carolina Constitution has been amended 37 times. Since the Constitution of 1971, there have been 42 amendments, with over 20 of them extending the rights of citizens.
The North Carolina Constitution can be amended with a legislative or convention-referred constitutional amendment, both of which require voter approval. In a legislative action, an amendment must pass by three-fifths in both houses of the General Assembly and also obtain a majority of the popular vote.
The North Carolina Legislative Library provides free online access to the North Carolina Constitutions of 1776 and 1868. The Avalon Project at the Lillian Goldman Law Library of Yale Law School also provides access to the North Carolina Constitution of 1776. The North Carolina State Library - State Constitution Digital Collection provides free online access to primary source materials, including the North Carolina Constitution of 1776.
![Construction Construed, and Constitutions Vindicated [1820]](https://m.media-amazon.com/images/I/71R28HQJxOL._AC_UY218_.jpg)
