Omar Bennett
The North Carolina Constitution of 1776 was the first constitution of the state, created after the American Declaration of Independence. It established a government for the new state and was amended in 1835 to strengthen it and improve the political system. The 1776 constitution affirmed the separation of powers between the executive, legislative, and judicial branches of government, but the General Assembly held the most power. The governor, on the other hand, had little authority and was chosen by the legislature for a one-year term. The constitution also lacked a local government system and did not provide universal suffrage, as only landowners could vote for senators.
| Characteristics | Values |
|---|---|
| Date of creation | December 18, 1776 |
| Purpose | To reaffirm the rights of the people and establish a government compatible with the struggle for American independence |
| Number of revisions | 2 |
| Number of amendments | Many |
| Current form ratification year | 1971 |
| Number of articles in the current form | 14 |
| Powers of the General Assembly | To make laws, appoint state executives, judges, and members of the Council of State |
| Powers of the Governor | To grant pardons and reprieves, lay embargoes, prohibit commodity exportation, and exercise other executive powers |
| Governor term length | 1 year |
| Maximum number of consecutive terms for the Governor | 3 |
| Requirements to be eligible for the position of Governor | Over 30 years old, resident of the state for at least 5 years, and ownership of lands and tenements valued above 1000 pounds |
| Voting rights | Only landowners could vote for Senators until 1857; to hold state office, landownership was required until 1868 |
| Powers of the Senate and House of Commons | To appoint generals and field officers of the militia, all officers of the regular army, and the Governor |
| Number of members of the House | 120 |
| Number of members of the Senate | 50 |
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What You'll Learn
The General Assembly held the most power
The 1776 North Carolina Constitution was created after the American Declaration of Independence, establishing a government for the new state. It was the first constitution of the independent state, with the aim of reaffirming the rights of the people and establishing a government compatible with the ongoing struggle for American independence.
The 1776 Constitution explicitly affirmed the principle of the separation of powers, identifying the three familiar branches of government: the executive, legislative, and judicial. However, it gave the greatest power to the General Assembly, which was elected by the people and held legislative power. The General Assembly made the laws, appointed all state executives and judges, and could prosecute the governor and other officers for violating the Constitution, maladministration, or corruption.
The governor, on the other hand, had limited powers and served a one-year term, renewable for up to three consecutive terms. The governor's initiatives often required the concurrence of a seven-member Council of State, also chosen by the General Assembly. The governor's role was diminished due to conflicts with previous royal governors.
The General Assembly also had the power to appoint generals and field officers of the militia and all officers of the regular army of North Carolina. Additionally, they elected a Treasurer for the state annually by a joint ballot of both Houses.
The 1776 Constitution was effective in establishing an independent government in North Carolina and guaranteeing individual liberties for its citizens. However, it had shortcomings in terms of popular representation, as it was based on units of local government and did not consider area or population. This resulted in a disproportionate influence in the eastern part of the state, which had many small counties. Over time, these shortcomings led to attacks on the constitution and substantial amendments in 1835 to strengthen it and improve the political system.
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The Governor's limited powers
The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. It was formed to reaffirm the rights of the people and establish a government compatible with the ongoing struggle for American independence. This constitution explicitly affirmed the principle of the separation of powers and identified the three branches of government (executive, legislative, and judicial).
The Governor, the first being Richard Caswell, would be voted in by a legislature, not the people, and would serve a one-year term, renewable up to three consecutive terms, with limited powers and no veto power. This highlights a change in power, shifting from the governor to the lower assembly. The constitution established a judicial branch but did not define its structure. The governor's limited powers included the ability to fill up vacancies by granting temporary commissions, which would expire at the end of the next session of the General Assembly. The governor could also exercise executive powers of government, such as laying embargoes and prohibiting the exportation of any commodity for a term not exceeding thirty days. Additionally, the governor had the power of granting pardons and reprieves, except in cases directed by the General Assembly or the law.
The General Assembly, on the other hand, held the most power under the 1776 Constitution. They made the laws, appointed all state executives and judges, and could prosecute the governor and other officers for offending against the state. The Assembly also had the power to appoint the generals and field officers of the militia and all officers of the regular army of North Carolina.
The 1776 Constitution was substantially amended in 1835, with the convention strengthening the governor's position by providing for his popular election for a two-year term. This was followed by the Constitution of 1868, which brought North Carolina back into the Union after the Civil War, and the Constitution of 1971, which reorganized the state government to meet modern requirements.
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The Senate and House of Commons
The 1776 North Carolina Constitution established a bicameral legislature, comprising a Senate and a House of Commons. The legislative authority was vested in these two distinct branches, both dependent on the people. The Senate was composed of one representative from each county, chosen annually by ballot. Meanwhile, the House of Commons was made up of two representatives from each county and one representative from each of seven designated districts, including Washington District.
The Senate and the House of Commons had equal powers. They could each choose their own speaker and officers, judge the qualifications and elections of their members, and adjourn themselves from day to day. They worked together to prepare bills, which would become laws if passed by both Houses. All bills had to be read three times in each House and signed by the Speakers of both before becoming laws. The two branches also jointly appointed a Secretary for the State every three years.
The 1776 Constitution marked a shift of power from the governor to the lower assembly. The governor was chosen annually by the legislature and served a one-year term, renewable for up to three consecutive terms. The governor had no veto power and little control over patronage. They could not convene, prorogue, or dissolve the legislature. The governor did have the power to grant pardons and reprieves and could, with the advice of the Council of State, lay embargoes or prohibit the exportation of commodities for up to thirty days when the General Assembly was in recess.
The 1776 Constitution had property requirements for officeholders and voters. Senators had to own at least 300 acres of land in the county they sought to represent, while candidates for the House of Commons needed 100 acres. Voters were required to own at least 50 acres to be eligible to vote for a senator. These requirements ensured that only wealthy white men could hold office, protecting the interests of the elite.
The 1776 Constitution was amended in 1835 to fix the membership of the Senate and House at their present levels of 50 and 120, respectively. The office of Governor also became popularly elected. These changes gave more power to the western counties, although property requirements to vote and hold office remained, favouring the wealthy.
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The Council of State
The Constitution of North Carolina, created in 1776, established a government for the new state. It affirmed the principle of the separation of powers and identified the three branches of government: the legislative, executive, and judicial. Notably, the 1776 Constitution gave the greatest power to the General Assembly, which was responsible for making laws, appointing state executives and judges, and addressing administrative matters.
The 1776 Constitution of North Carolina underwent substantial amendments in 1835 to address shortcomings in popular representation and improve the political system. This constitution has since been replaced by two major revisions: the Constitution of 1868, which brought the state back into the Union after the Civil War, and the Constitution of 1971, which reorganized the state government to meet modern requirements.
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The right to a trial by jury
The North Carolina Constitution has undergone three iterations, with the first written in 1776, the second in 1868, and the third and final in 1971. The 1776 Constitution was penned after the American Declaration of Independence, and it established the government for the new state. Notably, this constitution affirmed the principle of the separation of powers, identifying the three familiar branches of government: the executive, legislative, and judicial.
The 1776 Constitution gave the greatest power to the General Assembly, which would make the laws, appoint state executives and judges, and elect the governor. The governor, serving a one-year term, would have little power, a result of previous conflicts with royal governors. The governor's power was further limited by the requirement to receive the concurrence of a seven-member Council of State, also chosen by the legislature, for any initiative.
The 1776 Constitution also established a judicial branch, which included the right to a trial by jury. This right was explicitly outlined in Article Nine, guaranteeing that no person shall be convicted of any crime but by the unanimous verdict of a jury in an open court. However, in cases where the state is not seeking the death penalty, the accused may waive their right to a jury trial with the consent of the trial judge.
The inclusion of the right to a trial by jury in the 1776 Constitution reflected the desire to protect the rights of the people and establish a government compatible with the ideals of American independence. This right has been carried forward into subsequent constitutions, demonstrating its enduring significance in the state's legal system.
In conclusion, the 1776 North Carolina Constitution's affirmation of the right to a trial by jury played a pivotal role in shaping the state's judicial landscape. This provision not only ensured the protection of individual rights but also symbolized the newfound independence and sovereignty of the state.
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Frequently asked questions
The 1776 North Carolina Constitution vested most of the power in the General Assembly, which would make the laws, appoint state executives, and pick judges.
The General Assembly was composed of legislators appointed by county, with a few assigned to specific towns.
Legislators were not chosen by the people but by voters of each county, who elected one senator and two members of the House of Commons regardless of area or population.
The Governor, who was also chosen by the legislature, had a one-year term and limited powers, with no power to veto. The Governor needed the consent of the Council of State to exercise the power that the office did hold.
The 1776 Constitution affirmed the principle of the separation of powers and identified the three branches of government (executive, legislative, and judicial). It also included a Declaration of Rights, with 25 guarantees of personal freedom, including the right to a trial by jury, protection against seizure, freedom of the press, the right to bear arms, and religious freedom.
