The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, one of the U.S. states; it is the highest legal document for the state and subjugates North Carolina law. (Like all U.S. state constitutions, it is still subject to federal judicial review.)
The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. Since the first state constitution, there have been two major revisions and many amendments. The current form was ratified in 1971 and has 14 articles.
The three constitutions North Carolina has had are:
1776: as the first constitution of the independent state. The Declaration of Rights was ratified the preceding day. 1868: Framed in accordance with the Reconstruction Acts after North Carolina was readmitted into the Union. It was a major reorganization and modification of the original into fourteen articles. It also introduced townships which each county was required to create, the only southern state to do so. 1971:
History Through its history, North Carolina has had three Constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971.
Constitution of 1776 In the pivotal months leading up to the creation of the Constitution, North Carolina was in a unique position of being governed by a council of safety of only thirteen members. Following this unique position, the Fifth North Carolina Provincial Congress ratified the first constitution, accompanied by a Declaration of Rights, on December 18,1776. The congress debated the Constitution for only 3 days before passing it like law.
Prior to independence, the colonial government of NC concentrated power at the top of society. North Carolina had a very strong governing power. The governor had veto power, striking down any law that they did not see fit, and the governor would keep the interest of the British King in mind. Maintaining a good relationship on an international level was important for American success. The Americans needed European investment in order to thrive. Leading up to the revolution most of the gentry, the wealthy, aristocratic class, was up to their neck in debt. They were relying on European investment to bring success to the American economy. Appeasing the King was necessary, but this would soon shift with the establishment of statehood. The governor would be stripped of their veto power, and there would be a council that votes on decisions. Although the constitution affirmed the separation of power between the three branches of government, the General Assembly held the true power. Until 1836, the General Assembly members were the only state officials who were elected by the people. The General Assembly picked Judges, the Governor and the members in the Council of State.
Judges had life terms and governors had a one-year term. The Governor had little power and in many cases needed the consent of the Council of State to exercise the power that the office did hold. More importantly, the constitution featured a weak executive branch, with most of the power going to the legislature. The governor, the first being Richard Caswell (who was the president of the Fifth North Carolina Provincial Congress), 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 power to veto. This highlights a change in power, shifting from the governor to the lower assembly. The constitution established a judicial branch, but did not well define this branch's structure. The constitution also lacked a system of local government. Universal suffrage was not an element of this constitution. Only landowners could vote for Senators until 1857. To hold state office required land ownership until 1868.
The house of commons would be elected by all free men who owned at least 50 acres of land, and senators elected by all freeholders who had at least 50 acres of land in the county. To hold office, you had to be a Protestant Christian, a religious test to be in power and there were land requirements. 100 acres of land was required to hold the position as senate. This restricted who could run for the position, limiting the power that the people had. The strong legislative control highlighted a belief that representatives of the people should hold the power. This would be a step forward and more democratic than the tyrannical British rule that was previous to this constitution. The constitution would also feature a declaration of rights, signed by Richard Caswell, the first governor, and James Green, clerk of Provincial Congress.
Most clauses in North Carolina’s declaration were taken from Maryland, Virginia, and Pennsylvania. Following the trends of fellow sister states. Even so, it was the “revolutionary” constitution of North Carolina. Enacting State constitutions would be a very crucial step in the growth of democracy in America. With these new parameters in place, between 62 and 83 percent of the white adult males could vote in most counties of North Carolina. This would mean that the constitution would be very well received by land owning white men. The majority of other groups would be left out of political participation because of land ownership being a requirement to participate.
This new government placed power in a body of representatives elected by the people. This was a great step forward for democracy in America. Power was shifting to the people. Moving to a more republican government meant that more power would be consolidated in the public. During this time, the gentry was afraid of giving the common people too much power, they thought the common people would come for their wealth. But, the people would get more power as time goes on. Also as mentioned earlier, 62 to 83 percent of white land owning men could vote. Although there is still a large number of people, women, enslaved, Native Americans, even free black people, and non-land owners, who would not participate in politics, it would still be a more democratic government than that of a tyrannical British government. But, this would not go without checks to democracy. The creation of a Senate would protect the interests of the elite in North Carolina, the senate would "advise the governor in the execution of his office." To hold office in Senate you had to own 300 acres of land. This would ensure that only wealthy white men would be able to hold office, the people electing the senators also had to own 50 acres of land. This would ensure that the senate would be able to check the common people when the interests of the elite were at risk.
The Declaration of Rights would hold many important powers for the people of North Carolina. Article one would allow for popular sovereignty, “all political power is vested in and derived from the people.” The third demanded equality, although during this time period it would only apply to white men. Article nine, the right to a trial by jury, protection against arbitrary rule. Article 12, the right against unjust seizure, similar to the later fourth amendment of the U.S. Bill of Rights. Article 15, declaring freedom of the press. Article 17, the right to bear arms. Something that is heavily debated over today was something not debated at all in this time. The right to bear arms was seen as necessary for the defense of the state. Lastly, Article 19, calling for religious freedom, but this had limits. Office holders still had to be of Protestant Christian religion. These are some highlights of the Declaration of Rights from North Carolina in 1776. Featuring 25 sections total, it would be expanded over time.
Convention of 1835
Dissatisfied with the central role of the General Assembly, a state constitutional convention was called in 1835. Out of the convention came many amendments. Among those changes was fixing the membership of the Senate and House at their present levels, 50 and 120. Also, the office of Governor became popularly elected. These changes gave the more populous western counties more of a say in government but still favored those who owned property, since this was required to vote and hold office. The vote was taken away from freed slaves in this convention. The convention approved the changes on July 11, 1835. The convention's proposed changes were adopted by vote of the people on November 9, 1835.
Convention of 18611862 The Convention of 18611862 was called to revise the constitution to remove North Carolina from the United States. The procedure used to amend the constitution did not need a vote of the people.
Constitution of 1868 In 1865, Governor William W. Holden called for a Conference to write a new Constitution; it was rejected by a popular vote. Two years later, they reconvened. The new Constitution gave more power to the people and to the governor. "For its time, it was a progressive and democratic instrument of government." Akin to the Fourteenth Amendment to the United States Constitution, also adopted in 1868, it was product of the winning side in the Civil War: the (anti-slavery) Republicans and a few scalawags. "It was highly unpopular with the more conservative elements of the state."
From 1869 through 1968, there were submitted to the voters of North Carolina a total of 97 propositions for amending the Constitution of the State. All but one of these proposals originated in the General Assembly. Of those 97 amendment proposals, 69 were ratified by the voters and 28 were rejected by them. Due to the many amendments, many provisions in the constitution became antiquated, obsolete, and ambiguous. The document had simply become difficult to read and interpret. By 1971, there were 200 state agencies.
Convention of 1875
A convention was held in 1875. It was attended by George Lawrence Mabson.
Constitution of 1971 The draft that later became the Constitution of 1971 began with a study into needed changes by the North Carolina State Bar in 1967. The study outlined a vastly improved and easily ratifiable document. The draft constitution logically organized topics and omitted obviously unconstitutional sections. The language and syntax was also updated and standardized. The study separated from the main document several amendments that it felt were necessary, but were potentially controversial. The main document passed the General Assembly in 1969 with only one negative vote in seven roll-call votes. On November 3, 1970, the proposed Constitution of 1971 was approved by a vote of 393,759 to 251,132.
Since the Constitution of 1971, there have been over twenty amendments. The majority of these amendments extend the rights of citizens, or extend the government the ability to issue bonds. One notable exception was in 2012, when an amendment was added to prevent recognition of same-sex marriage. The following are significant amendments made since the 1971 constitution: Prohibiting all capitation and poll tax. Omitting the limitation on property tax of $0.20 per $100 valuation. Creating a state income tax to be computed on the same basis as the federal income tax Allowing the Governor and Lieutenant Governor to serve two consecutive terms (previously, office holders were limited to one term). Requiring the state to run a balanced budget. Requiring judges to be lawyers. Adding Victims Rights to (and expanding and clarifying the said 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. Defining a marriage between one man and one woman to be the only legal domestic union to be recognized by the state. (See North Carolina Amendment 1.)
Executive Organization Act