Section 5. Election of the trustees, and provisions for maintenance of the university | Article IX. Education | North Carolina

Higher education

The General Assembly shall maintain a public system of higher education, comprising The University of North Carolina and such other institutions of higher education as the General Assembly may deem wise. The General Assembly shall provide for the selection of trustees of The University of North Carolina and of the other institutions of higher education, in whom shall be vested all the privileges, rights, franchises, and endowments heretofore granted to or conferred upon the trustees of these institutions. The General Assembly may enact laws necessary and expedient for the maintenance and management of The University of North Carolina and the other public institutions of higher education.

This item is based on 2 items:

1868 — Article IX. Section 5

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1868 — Article IX. Section 6

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Summary:

Election Date: November 3, 1970

Votes For Ratification: 393759

Votes Against Ratification: 251132

Percent for Ratification: 61%

Percent Against Ratification: 39%

Notes:

Amendment Source: 1969 Chap 1258

Effective Date Source: 1969 Chapter 1258

Election of the trustees, and provisions for maintenance of the university

The General Assembly shall have power to provide for the election of trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, franchises and endowments heretofore in anywise granted to or conferred upon the trustees of said University; and the General Assembly may make such provisions, laws and regulations, from time to time, as may be necessary and expedient for the maintenance and management of said University.

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Election of the trustees, and provisions for maintenance of the university

The General Assembly shall have power to provide for the election of trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, franchises and endowments heretofore in anywise granted to or conferred upon the trustees of said University; and the General Assembly may make such provisions, laws and regulations, from time to time, as may be necessary and expedient for the maintenance and management of said University.

Summary: Stricken and replaced; Shifts control over the University of North Carolina from direct state oversight to a system where the General Assembly has the power to elect trustees and establish laws for its maintenance and management.

Election Date: August 7, 1873

Votes For Ratification: 67,839

Votes Against Ratification: 30,728

Percent for Ratification: 69%

Percent Against Ratification: 31%

Notes: Affected Sections 5, 13, 14, & 15 of Article IX The effective date of the 1873 amendments was the date of the canvass—by November 17, 1873, it seemed clear that the amendments had passed, but the official returns were not yet tallied. (Journal of the Senate 1873-74) Given that the Senate proceeded as though the amendments had passed, we use that date as an approximate effective date.

Amendment Source: 1872 73 Chap 86

Effective Date Source: See additional notes

University and public schools not to be separated

The University of North Carolina with its lands, emoluments and franchises, is under the control of the State, and shall be held to an inseparable connection with the Free Public School system of the State.

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