Eleanor Finch
The North Carolina Constitution of 1868 was replaced in 1971 due to a series of proposals made by 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 in order to make recommendations for modernizing the state's constitution. The 1868 constitution, which was relatively progressive for its time, had been amended nearly 70 times between 1869 and 1968, and had become outdated, confusing, and contradictory. The 1971 constitution clarified the purpose and operations of the state government, reorganized the entire state government, and expanded the rights and privileges of citizens.
| Characteristics | Values |
|---|---|
| Reason for replacement | The 1868 Constitution had become outdated, confusing, and contradictory due to the high number of amendments made to it. |
| Amendments | Between 1869 and 1968, 70 amendments were made to the 1868 Constitution. |
| Voting rights | The 1868 Constitution gave all men, regardless of race or property qualifications, the right to vote and hold office. However, this was later amended to include a literacy test and poll tax, disfranchising many black people, Indians, and others. |
| Governor's power | The 1868 Constitution increased the power of the governor and reduced the power of wealthy landowners. |
| Judicial branch | The 1868 Constitution established a judicial branch but did not clearly define its structure. |
| Federal mandate | The 1868 Constitution was created to bring North Carolina's laws into conformity with U.S. federal law after the Civil War. |
| Slavery | The 1868 Constitution abolished slavery and provided for universal male suffrage. |
| Modernization | The 1971 Constitution modernized and reorganized the state government to meet the requirements of a modern economy and society. |
| Clarity | The 1971 Constitution improved the language and syntax, making it easier to read and interpret. |
| Voter approval | The 1971 Constitution was approved by voters in the election of November 1970 by a vote of 393,759 to 251,132. |
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What You'll Learn
The 1868 Constitution was amended to discriminate against African Americans
The North Carolina Constitution of 1868 was a relatively progressive document that borrowed from previous state constitutions and added new provisions. It abolished slavery, provided for universal male suffrage, and made significant changes to the structure of North Carolina's governmental branches. However, amendments to the state constitution in subsequent years would walk back some of these provisions.
In 1900, universal suffrage was diminished by the introduction of a literacy test and poll tax, effectively disenfranchising many African Americans, Indians, and others. This was a direct form of discrimination against African Americans, as it prevented them from exercising their right to vote. The 14th Amendment, ratified in 1868, granted citizenship and equal protection under the law to all Americans, regardless of race. However, white southerners violently opposed Black civil rights, and the 14th Amendment was not enough to prevent discrimination against African Americans in North Carolina.
The 1868 Constitution was further amended to include discriminatory provisions, such as Article 6, section 8, which disqualifies from office any person who denies the existence of Almighty God. While this provision has not been enforced in recent times due to its conflict with the First Amendment, it highlights how the amended 1868 Constitution was used to discriminate against certain groups, including African Americans.
The North Carolina Constitution of 1971 is the current version of the statute constitution. It was created to modernize the state's constitution and reorganize the state government to meet the requirements of a modern economy and society. The 1971 Constitution clarified the purpose and operations of the state government, and it has since expanded the rights and privileges of citizens.
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It was unpopular with conservatives
The North Carolina Constitution of 1868 was unpopular with conservatives because it enfranchised Black people and reduced the power of wealthy landowners. The constitution was a product of the winning side in the Civil War: the anti-slavery Republicans and a few scalawags. It was also relatively progressive for its time, borrowing from previous state constitutions and adding new provisions.
The 1868 Constitution gave more power to the people and the governor. The governor was now elected for a four-year term, instead of two, and their authority was increased. State and county officials were to be elected by popular vote, and all men, regardless of race or property qualifications, were eligible to vote and hold office. The number of capital crimes was reduced to four: murder, arson, burglary, and rape. The constitution also called for free public schools for North Carolinians between the ages of six and twenty-one, as well as for state prisons and charitable institutions.
The Constitution of 1868 resulted from 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 and provided for universal male suffrage, making significant changes to the structure of North Carolina's governmental branches. Amendments to the state constitution in the years following its ratification walked back some of these provisions, including the addition of a literacy test and a poll tax as requirements for voting in 1900, effectively diminishing universal suffrage and disenfranchising many Black people, Indians, and others.
By 1971, the Constitution of 1868 had been amended 69 times, and many of its provisions had become antiquated, obsolete, and ambiguous. The document had become difficult to read and interpret, and a study commission found that too many changes were needed to be passed as amendments. Thus, the commission rewrote the existing constitution, making mainly small changes to clean up and clarify the text. The new constitution, which took effect in 1971, reorganized the entire state government in light of the requirements of the modern economy and society.
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It had become outdated and confusing
The North Carolina Constitution of 1868 was replaced in 1971 because it had become outdated and confusing. In the hundred years after the ratification of the 1868 constitution, the state's voters ratified 69 amendments, including 42 between 1933 and 1968. Despite these changes, the constitution had become outdated in many ways. Some of the amendments had also left outdated provisions in place, so the document became confusing and contradictory.
The 1868 constitution was relatively progressive for its time, borrowing from previous state constitutions and adding new provisions. It abolished slavery, provided for universal male suffrage, and made other significant changes to the structure of North Carolina's governmental branches. However, amendments to the state constitution in the years that followed would walk back some of these provisions. For example, in 1900, universal suffrage was diminished by the requirement of a literacy test and poll tax, effectively disenfranchising many blacks, Indians, and others.
The constitution featured a weak executive branch, with most of the power going to the legislature. The governor was voted in by a legislature, not the people, and served a one-year term, renewable up to three consecutive terms, with limited powers and no power to veto. The constitution also lacked a clear structure for the judicial branch and a system of local government.
By 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. Instead, the commission rewrote the existing constitution, making mainly small changes to clean up and clarify the text. They also proposed ten major amendments, including reorganizing the executive branch, banning poll taxes, providing for new kinds of local taxes, and simplifying the state income tax.
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It lacked a system of local government
The North Carolina Constitution of 1868 was replaced in 1971 due to a variety of factors, one of which was the need for a more effective system of local government. The 1868 constitution, while progressive for its time, had several shortcomings that led to its eventual amendment and replacement.
One of the main issues was the lack of a clear and well-defined system of local government. The 1868 constitution gave more power to the people and the governor, but the specific provisions for local governance were not adequately addressed. This gap in the constitution led to confusion and challenges in implementing effective local policies and managing day-to-day affairs at the county and town levels.
The absence of a robust local government system in the 1868 constitution meant that decision-making and authority were concentrated at the state level, with limited input from local communities. This centralization may have made it challenging for local governments to address their unique needs and priorities effectively. It also likely hindered the ability of local governments to respond to the specific concerns and aspirations of their constituents in a timely and tailored manner.
The lack of a clear system of local government in the 1868 constitution may have contributed to a sense of disconnect between local communities and their representatives. Without a well-defined structure for local governance, it could have been difficult for citizens to understand how decisions affecting their immediate communities were being made and by whom. This lack of clarity may have led to a perception of distant and disconnected governance, reducing trust and confidence in the state's overall governing apparatus.
Recognizing these shortcomings, the North Carolina State Constitution Study Commission, composed of lawyers and public leaders, was formed to evaluate and address the need for substantial revisions. This commission played a crucial role in recommending changes and proposing a new constitution that included provisions for local government. The 1971 constitution, which was approved by a significant majority of voters, addressed this gap by providing for new kinds of local taxes and borrowing by city and county governments, thereby empowering local communities and giving them more control over their affairs.
In summary, the replacement of the 1868 North Carolina Constitution addressed the lack of a clear system of local government, which was essential for empowering local communities and ensuring effective and responsive governance at the local level.
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It had a weak executive branch
One of the primary reasons the North Carolina Constitution of 1868 was replaced in 1971 was due to the perceived weaknesses of its executive branch. The constitution, drafted during the Reconstruction Era following the American Civil War, established a weak governor and a powerful bicameral legislature. This was a direct response to the strong gubernatorial power exercised by Zebulon Baird Vance during the war, which some felt had verged on dictatorship.
The 1868 constitution vested most of the state's authority in the General Assembly, with the governor having little independent power. The governor was not allowed to veto legislation, call special sessions of the legislature, or even appoint state officials without legislative approval. The document also established a system of statewide elected executive officers, including a treasurer, secretary of state, and superintendent of public instruction, who were not accountable to the governor and often had overlapping duties and responsibilities, leading to confusion and inefficiency in the state's governance.
This weak executive branch proved problematic in practice, particularly as the state faced economic and social challenges in the late 19th and early 20th centuries. The governor's inability to take decisive action or provide strong leadership during crises was a significant drawback. Additionally, the proliferation of elected executive officers, who often had their own political agendas and priorities, led to a lack of coordination and coherence in the state's policies and administration.
The constitution was amended several times to address these issues, but the fundamental weaknesses remained. By the mid-20th century, there was a growing consensus that a more modern constitution was needed to streamline the state's governance and provide for a more effective and accountable executive branch. This led to the calling of a constitutional convention in 1971, which resulted in the adoption of a new constitution that significantly strengthened the governor's powers and reduced the number of elected executive officers.
The new constitution of 1971 brought about a significant shift in the balance of power within North Carolina's government. It granted the governor the authority to veto legislation, call special sessions of the General Assembly, and make appointments to various state offices without requiring legislative approval. These changes empowered the governor to take a more proactive role in shaping the state's policies and agenda, thereby enhancing the executive branch's effectiveness and influence.
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Frequently asked questions
The 1868 constitution had become outdated, confusing, and difficult to interpret due to the numerous amendments made to it over the years.
In 1967, Governor Dan K. Moore recommended that the North Carolina State Bar take the lead in revising the state constitution. The North Carolina State Constitution Study Commission, composed of lawyers and public leaders, was formed to evaluate and outline substantial revisions. The Commission rewrote the constitution, making small changes and proposing amendments. The General Assembly approved the new draft constitution in 1969, and it was approved by popular vote in November 1970.
The 1971 constitution reorganized the state government, clarified the purpose and operations of the government, and updated the language and syntax. It also banned poll taxes, provided for new kinds of local taxes, and simplified the state income tax.
The 1868 constitution provided for universal male suffrage, allowing all men, regardless of race or property qualifications, to vote and hold office. However, subsequent amendments to the 1868 constitution, such as the introduction of a literacy test and poll tax in 1900, effectively disenfranchised many blacks and others. The 1971 constitution banned poll taxes and repealed the literacy test for voting, although this amendment was defeated in the statewide election. The minimum age for voting was also changed from 21 to 18 years in 1972.
