Amendments to the North Carolina Constitution
Since 1776 the North Carolina State Constitutions have been amended 178 times. Some amendments affected more than one section of the constitution. Each square below represents when a section was changed by an amendment.
Scroll through the timeline to view amendments to the constitution by year and historical context for significant amendments.
Each block on this histogram represents a change—e.g., a substantive change, repeal & replace, or renumbering—to an individual section rather than an amendment. Some amendments result in multiple changes, resulting in multiple blocks being attributed to one amendment. Likewise, a section may be amended more than once in an year, but these amendments will only appear as one block on the histogram. When a block or blocks are marked red in a specific year, that means that a new constitution went into effect that year.
The North Carolina Constitution & Its Amendments
North Carolina has had three* constitutions: the Independence Constitution of 1776, the 1868 Constitution, and the current 1971 Constitution. North Carolina’s first constitution was adopted by a provincial congress rather than by direct vote of the electorate. It established a government for the new state “compatible with the ongoing struggle for American independence.” It was accompanied by a Declaration of Rights, which enumerated the basic rights of North Carolinians, and the Ordinances of the Convention, which were “used in conjunction with the state constitution to provide for the basic legal structure of the North Carolina government.”
North Carolina’s second constitution, ratified in 1868, was the product of a federal mandate “requiring North Carolina and other former Confederate states to bring their laws into conformity with U.S. federal law.” It combined provisions copied or adapted from the Constitution and Declaration of Rights of 1776, a proposed 1866 Constitution, and the constitutions of other states, “together with some new and original provisions.” In addition to making significant changes to the structure of North Carolina’s government, it abolished slavery and provided for universal male suffrage.
North Carolina’s third constitution, which remains in force today, was adopted in 1971. This version was “the result of a series of proposals made by the North Carolina State Constitution Study Commission,” a group tasked with studying other state constitutions and federal law in order to make recommendations for modernizing North Carolina’s fundamental law.
Amending the current North Carolina Constitution can be accomplished in two ways. First, the General Assembly may refer an amendment to voters by passing a resolution with a three-fifths vote of the members of both houses. The amendment must then be ratified by a simple majority of voters. Second, the legislature may call for a constitutional convention by a two-thirds vote in both chambers. If voters concur with the legislature by a simple majority, a convention is called. Any amendments or a revised or new constitution adopted by the convention must be approved by a simple majority of voters before they go into effect.
* In 1970, the legislature sent seven amendments to voters, including one which presented a revised constitution. The document resulting from the six approved amendments is commonly called the Constitution of 1971.
For more information about North Carolina’s second constitution, see 1868, and for more information about North Carolina’s third "constitution," see 1971.
North Carolina State Capitol. Farragutful.
2024
Citizenship Requirement for Voting
In 2024, North Carolina, and a number of other states, amended its constitution to prohibit non-citizens from voting in elections. Prior to the amendment, the constitution stated that “every person born in the United States and every person who has been naturalized . . . shall be entitled to vote.” In effect this guaranteed the right to vote to all citizens who met the other qualifications to vote. The 2024 amendment altered the language to read “Only a citizen of the United States” may vote.
This change had no immediate legal impact as noncitizens were already prohibited from participating in federal and state elections, and no North Carolina locality had authorized the participation of noncitizens in local elections. However, proponents of the amendment argued that the change was needed to reinforce existing laws and prevent future reinterpretations of the constitution that could “open the door” to state and local voting by noncitizens. Critics of the amendment argued the amendment was unnecessary and would “confuse voters, sow distrust in our elections, and stir up anti-immigrant rhetoric.”
In 2024 the Constitution was Changed 1 Time
In 2019 the Constitution was Changed 1 Time
2018
Voter Identification Requirement
In 2013, the legislature passed a law requiring voters to present photo ID in order to vote and imposing other new voting rules. The United States Court of Appeals for the Fourth Circuit invalidated the photo ID requirement and several other provisions, holding that they intentionally discriminated against minority voters in violation of the U.S. Constitution and the federal Voting Rights Act. The legislature then proposed a constitutional amendment requiring voters to present photo ID and directing the legislature to enact an enabling law. Voters approved that amendment in 2018, and the legislature quickly passed a new photo voter ID law during a controversial lame-duck session. Governor Roy Cooper vetoed the law, but lawmakers overrode the veto, acting just before the seating of a new General Assembly in which Republicans would no longer have supermajorities in both chambers.
Challenges to the 2018 law were brought in both federal and state court, and as a result of this litigation, voters were not required to show photo ID in the 2020 election. In 2022, the state supreme court issued a final ruling invalidating the law. Within weeks of that decision, however, two new justices, both Republicans, took office and flipped partisan control of the state supreme court. The legislature filed a petition for rehearing with the reconstituted court, and, in 2023, the court reversed course and upheld the photo voter ID law, finding that there was insufficient evidence that the bill was passed with discriminatory intent or had a disparate impact.
Acting Homeland Security Secretary Chad Wolf meeting with North Carolina election officials, February 27, 2020. Tara A. Molle.
In 2018 the Constitution was Changed 4 Times
Article I. Declaration of Rights Section 38.
Right to hunt, fish, and harvest wildlife
Article V. Finance Section 2.
State and local taxation
Article VI. Suffrage and Eligibility of Office Section 2.
Qualifications of voter
Article VI. Suffrage and Eligibility of Office Section 3.
Registration; Voting in Person
In 2014 the Constitution was Changed 1 Time
In 2012 the Constitution was Changed 1 Time
In 2010 the Constitution was Changed 1 Time
In 2005 the Constitution was Changed 1 Time
In 2004 the Constitution was Changed 2 Times
In 2002 the Constitution was Changed 1 Time
In 1997 the Constitution was Changed 3 Times
1996
Governor’s Veto Power
For most of North Carolina’s history the Governor had no role in the legislative process, reflecting the state’s distrust of strong executive authority. The legislature for decades periodically considered whether to amend the constitution to provide for a gubernatorial veto. Opponents expressed concern that such an amendment would give “the governor potentially dangerous control over the people’s voice which resides in the General Assembly.” Supporters countered that such a power may have prevented some unpopular bills from becoming law. For example, in 1963, the General Assembly passed an act to regulate who could speak on University of North Carolina campuses. The law, which passed just four minutes after being introduced in the House and was then approved in the Senate without debate, faced immediate backlash. Governor Terry Sanford, who opposed the law, did not have the veto power and instead appointed a special committee to review the law. Just two years later, in 1965, the legislature reversed course and effectively nullified that law.
In 1996, North Carolina “became the last state in the nation to grant its governor the veto power.” Now, after a bill passes the North Carolina General Assembly, there is a ten-day window for the Governor to take one of three actions: (1) sign the bill into law; (2) veto the bill; or (3) decline to take any action, in which case the bill becomes law. Local bills, amendments to the state constitution, ratification of amendments to the federal constitutions, and several other types of legislation cannot be vetoed by the governor. Additionally, the legislature may override a veto with a three-fifths majority.
Governor Roy Cooper signing veto in 2023. Indy beetle.
.jpg){kind=link}
In 1996 the Constitution was Changed 1 Time
In 1987 the Constitution was Changed 2 Times
In 1986 the Constitution was Changed 2 Times
In 1985 the Constitution was Changed 1 Time
In 1984 the Constitution was Changed 1 Time
In 1983 the Constitution was Changed 2 Times
In 1982 the Constitution was Changed 1 Time
In 1981 the Constitution was Changed 1 Time
1977
Reelection for Governor and Lieutenant Governor
Prior to 1977, North Carolina governors and lieutenant governors were limited to serving a single four-year term. A 1977 amendment allowing governors and lieutenant governors to serve a second consecutive term was one of five constitutional amendments voters considered and passed that year. Put to voters just three years after President Nixon’s resignation following the Watergate Scandal, opponents worried that allowing executives to seek reelection would incentivize them to act in their own electoral best interests rather than in the best interest of the people. Proponents argued that people should have the opportunity to retain a governor who had performed the duties of the office faithfully and well. The amendment ultimately passed, making North Carolina the forty-fourth state to allow their governors to serve more than one term.
In 1977 the Constitution was Changed 5 Times
Article III. Executive Section 2.
Governor and Lieutenant Governor: election, term, and qualifications
Article III. Executive Section 5.
Duties of Governor
Article V. Finance Section 10.
Joint ownership of generation and transmission facilities
Article X. Homesteads and Exemptions Section 2.
Homestead exemptions
Article X. Homesteads and Exemptions Section 5.
Insurance
In 1976 the Constitution was Changed 2 Times
In 1974 the Constitution was Changed 1 Time
In 1973 the Constitution was Changed 12 Times
Article IV. Judicial Section 8.
Retirement of Justices and Judges
Article IV. Judicial Section 17.
Removal of Judges, Magistrates and Clerks
Article V. Finance Section 1.
No capitation tax to be levied
Article V. Finance Section 2.
State and local taxation
Article V. Finance Section 3.
Limitations upon the increase of State debt
Article V. Finance Section 4.
Limitations upon the increase of local government debt
Article V. Finance Section 5.
Acts levying taxes to state objects
Article V. Finance Section 6.
Inviolability of sinking funds and retirement funds
Article V. Finance Section 7.
Drawing public money
Article VII. Local Government Section 1.
General Assembly to provide for local government
Article XIV. Miscellaneous Section 3.
General laws defined
Article XIV. Miscellaneous Section 5.
Conservation of natural resources
1972
Conservation of Natural Resources
North Carolinians approved an amendment in 1972 affirming that “it shall be the policy of this State to conserve and protect its lands and waters for the benefits of all its citizenry.” To these ends, the amendment permits the state and its political subdivisions to “acquire and preserve” public lands as part of the “State Nature and Historic Preserve.”
Since its adoption, this provision has received minimal judicial interpretation, resulting some question as to its scope. There is some indication that it gives local governments independent constitutional authority to regulate activities that would impact natural resources even in the absence of state legislative authorization. For example, the state supreme court upheld a Durham ordinance to finance at least some of its stormwater management program by assessing fees against landowners, concluding that the ordinance was a valid exercise of the city’s authority “to control and limit the pollution of [the state’s] air and water.”
Judicial Mandatory Retirement, Discipline, and Removal
Voters also approved two amendments in 1972 relating to the state’s judiciary. The first authorized the General Assembly to establish a mandatory retirement age for judges and justices. The legislature quickly passed a statute establishing the retirement age at 70 for trial court judges and 72 for appellate judges and supreme court justices. The legislature later raised the retirement age for trial judges to 72, and in 2023, it raised the retirement age to 76 for appellate judges and justices.
The second mandated that the legislature establish additional procedures for the discipline and removal of judges. Prior to 1973, judges could be recalled or impeached, but none had been removed in the history of the state. After the amendment passed, the legislature enacted new laws establishing a Judicial Standards Commission, which is empowered to investigate judicial conduct and make recommendations for discipline that are then reviewed by the North Carolina Supreme Court. The North Carolina Supreme Court retains the ultimate authority to follow or reject the commission’s recommendations. Even after the inception of the Judicial Standards Commission, it would be another two years before a judge was publicly censured and five years before a judge was removed from office for the first time.
Entrance sign for Big Rock Nature Preserve. Lordgilman.
In 1972 the Constitution was Changed 2 Times
1971
North Carolina’s Third Constitution
Between 1869 and 1968, a total of 97 constitutional amendments were submitted to voters, 69 of which were ultimately ratified. Rather than continuing with piecemeal amendments to the 1868 Constitution, public sentiment in the 1950s and 1960s began favoring a new constitution. In 1967, Governor Dan Moore recommended that the North Carolina State Bar form a study commission to determine what changes the state constitution needed, with the intention of proposing a series of revisions to voters. Composed of lawyers and public leaders, the North Carolina State Constitution Study Commission was charged with “study[ing] other state constitutions and current federal law in order to make recommendations for modernizing North Carolina’s constitution.”
The commission quickly realized that its proposed revisions were too numerous to present as separate propositions to voters. Instead, it opted for a compromise approved by the General Assembly. The commission combined its editorial changes and non-controversial substantive amendments into a revised constitutional document to be approved as a single question on the ballot. The more fundamental and controversial changes proposed by the commission were organized into a set of ten proposals that would only appear in the new constitution contingent on being separately approved by three-fifths of the General Assembly and a majority of voters. The General Assembly approved the proposed constitution and four of the ten separate proposals. These separate proposals limited the number of administrative departments to 25, allowed members of the legislature force legislative leaders to convene an extra session upon written petition of three-fifths of all the members of both chambers, gave the General Assembly power to determine when local taxes must be submitted to a popular vote, and removed the income tax exemption schedule from the constitution.
Voters approved the new constitution and all four referred proposals during the November 1970 election, and they took effect in July 1971. In general, the new constitution “clarified the purpose and operations of state government,” and eliminated various “ambiguities and sections seemingly in conflict with the U.S. Constitution.” This constitution remains in effect today.
For a more detailed analysis of the various provisions of the 1971 Constitution and their impact, see John L. Sanders, “Our Constitutions: An Historical Perspective.”
In 1971 the Constitution was Changed 176 Times
Preamble
Preamble
Article I. Declaration of Rights Section 1.
The equality and rights of persons
Article I. Declaration of Rights Section 2.
Sovereignty of the people
Article I. Declaration of Rights Section 3.
Internal government of the State
Article I. Declaration of Rights Section 4.
Secession prohibited
Article I. Declaration of Rights Section 5.
Allegiance to the United States
Article I. Declaration of Rights Section 6.
Separation of powers
Article I. Declaration of Rights Section 7.
Suspending laws
Article I. Declaration of Rights Section 8.
Representation and taxation
Article I. Declaration of Rights Section 9.
Frequent elections
Article I. Declaration of Rights Section 10.
Free elections
Article I. Declaration of Rights Section 11.
Property qualifications
Article I. Declaration of Rights Section 12.
Right of assembly and petition
Article I. Declaration of Rights Section 13.
Religious liberty
Article I. Declaration of Rights Section 14.
Freedom of speech and press
Article I. Declaration of Rights Section 15.
Education
Article I. Declaration of Rights Section 16.
Ex post facto laws
Article I. Declaration of Rights Section 17.
Slavery and involuntary servitude
Article I. Declaration of Rights Section 18.
Courts shall be open
Article I. Declaration of Rights Section 19.
Law of the land; equal protection of the laws
Article I. Declaration of Rights Section 20.
General warrants
Article I. Declaration of Rights Section 21.
Inquiry into restraints on liberty
Article I. Declaration of Rights Section 22.
Modes of prosecution
Article I. Declaration of Rights Section 23.
Rights of accused
Article I. Declaration of Rights Section 24.
Right of jury trial in criminal cases
Article I. Declaration of Rights Section 25.
Right of jury trial in civil cases
Article I. Declaration of Rights Section 26.
Jury service
Article I. Declaration of Rights Section 27.
Bail, fines, and punishments
Article I. Declaration of Rights Section 28.
Imprisonment for debt
Article I. Declaration of Rights Section 29.
Treason against the State
Article I. Declaration of Rights Section 30.
Militia and the right to bear arms
Article I. Declaration of Rights Section 31.
Quartering of soldiers
Article I. Declaration of Rights Section 32.
Exclusive emoluments
Article I. Declaration of Rights Section 33.
Hereditary emoluments and honors
Article I. Declaration of Rights Section 34.
Perpetuities and monopolies
Article I. Declaration of Rights Section 35.
Recurrence to fundamental principles
Article I. Declaration of Rights Section 36.
Other rights of the people
Article II. Legislative Section 1.
Legislative power
Article II. Legislative Section 2.
Number of Senators
Article II. Legislative Section 3.
Senate districts; apportionment of Senators
Article II. Legislative Section 4.
Number of Representatives
Article II. Legislative Section 5.
Representative districts; apportionment of Representatives
Article II. Legislative Section 6.
Qualifications for Senator
Article II. Legislative Section 7.
Qualifications for Representative
Article II. Legislative Section 8.
Elections
Article II. Legislative Section 9.
Term of office
Article II. Legislative Section 10.
Vacancies
Article II. Legislative Section 11.
Regular sessions
Article II. Legislative Section 11.
Sessions
Article II. Legislative Section 12.
Oath of members
Article II. Legislative Section 13.
President of the Senate
Article II. Legislative Section 14.
Other officers of the Senate
Article II. Legislative Section 15.
Officers of the House of Representatives
Article II. Legislative Section 16.
Compensation and allowances
Article II. Legislative Section 17.
Journals
Article II. Legislative Section 18.
Protests
Article II. Legislative Section 19.
Record votes
Article II. Legislative Section 20.
Powers of the General Assembly
Article II. Legislative Section 21.
Style of the acts
Article II. Legislative Section 22.
Action on bills
Article II. Legislative Section 23.
Revenue bills
Article II. Legislative Section 24.
Limitations on local, private, and special legislation
Article III. Executive Section 1.
Executive power
Article III. Executive Section 2.
Governor and Lieutenant Governor; election, term, and qualifications
Article III. Executive Section 3.
Succession to office of Governor
Article III. Executive Section 4.
Oath of office for Governor
Article III. Executive Section 5.
Duties of Governor
Article III. Executive Section 5.
Duties of Governor
Article III. Executive Section 6.
Duties of the Lieutenant Governor
Article III. Executive Section 7.
Other elective officers
Article III. Executive Section 8.
Council of State
Article III. Executive Section 9.
Compensation and allowances
Article III. Executive Section 10.
Seal of State
Article III. Executive Section 11.
Administrative departments
Article IV. Judicial
Judicial
Article IV. Judicial Section 1.
Judicial power
Article IV. Judicial Section 2.
General Court of Justice
Article IV. Judicial Section 3.
Judicial powers of administrative agencies
Article IV. Judicial Section 4.
Court for the Trial of Impeachments
Article IV. Judicial Section 5.
Appellate division
Article IV. Judicial Section 6.
Supreme Court
Article IV. Judicial Section 7.
Court of Appeals
Article IV. Judicial Section 8.
Retirement of Justices and Judges
Article IV. Judicial Section 9.
Superior Courts
Article IV. Judicial Section 10.
District Courts
Article IV. Judicial Section 11.
Assignment of Judges
Article IV. Judicial Section 12.
Jurisdiction of the General Court of Justice
Article IV. Judicial Section 13.
Forms of action; rules of procedure
Article IV. Judicial Section 14.
Waiver of jury trial
Article IV. Judicial Section 15.
Administration
Article IV. Judicial Section 16.
Terms of office and election of Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Superior Court
Article IV. Judicial Section 17.
Removal of judicial officers
Article IV. Judicial Section 18.
Solicitors and solicitorial districts
Article IV. Judicial Section 19.
Vacancies
Article IV. Judicial Section 20.
Revenues and expenses of the judicial department
Article IV. Judicial Section 21.
Fees, salaries, and emoluments
Article V. Finance Section 1.
Capitation tax
Article V. Finance Section 2.
State and local taxation
Article V. Finance Section 2.
State and local taxation
Article V. Finance Section 3.
Limitations upon the increase of State debt
Article V. Finance Section 4.
Limitations upon the increase of local debt
Article V. Finance Section 5.
Acts levying taxes to state objects
Article V. Finance Section 6.
Inviolability of sinking funds and retirement funds
Article V. Finance Section 7.
Drawing public money
Article VI. Suffrage and Eligibility of Office Section 1.
Who may vote
Article VI. Suffrage and Eligibility of Office Section 2.
Qualifications of voter
Article VI. Suffrage and Eligibility of Office Section 3.
Registration
Article VI. Suffrage and Eligibility of Office Section 4.
Qualification for registration
Article VI. Suffrage and Eligibility of Office Section 5.
Elections by people and General Assembly
Article VI. Suffrage and Eligibility of Office Section 6.
Eligibility to elective office
Article VI. Suffrage and Eligibility of Office Section 7.
Oath
Article VI. Suffrage and Eligibility of Office Section 8.
Disqualifications for office
Article VI. Suffrage and Eligibility of Office Section 9.
Dual office holding
Article VI. Suffrage and Eligibility of Office Section 10.
Continuation in office
Article VII. Local Government Section 1.
General Assembly to provide for local government
Article VII. Local Government Section 2.
Sheriffs
Article VII. Local Government Section 3.
Merged or consolidated counties
Article VIII. Corporations Section 1.
Corporate charters
Article VIII. Corporations Section 2.
Corporations defined
Article IX. Education Section 1.
Education encouraged
Article IX. Education Section 2.
Uniform system of schools
Article IX. Education Section 3.
School attendance
Article IX. Education Section 4.
State Board of Education
Article IX. Education Section 5.
Powers and duties of Board
Article IX. Education Section 6.
State school fund
Article IX. Education Section 7.
County school fund
Article IX. Education Section 8.
Higher education
Article IX. Education Section 9.
Benefits of public institutions of higher education
Article IX. Education Section 10.
Escheats
Article IX. Education Section 10.
Escheats
Article X. Homesteads and Exemptions Section 1.
Personal property exemptions
Article X. Homesteads and Exemptions Section 2.
Homestead exemptions
Article X. Homesteads and Exemptions Section 3.
Mechanics’ and laborers’ liens
Article X. Homesteads and Exemptions Section 4.
Property of married women secured to them
Article X. Homesteads and Exemptions Section 5.
Insurance
Article XI. Punishments, Corrections, and Charities Section 1.
Punishments
Article XI. Punishments, Corrections, and Charities Section 2.
Death punishment
Article XI. Punishments, Corrections, and Charities Section 3.
Charitable and correctional institutions and agencies
Article XI. Punishments, Corrections, and Charities Section 4.
Welfare policy; board of public welfare
Article XII. Military Forces Section 1.
Governor is Commander in Chief
Article XIII. Conventions, Constitutional Amendment and Revision Section 1.
Convention of the People
Article XIII. Conventions, Constitutional Amendment and Revision Section 2.
Power to revise or amend Constitution reserved to people
Article XIII. Conventions, Constitutional Amendment and Revision Section 3.
Revision or amendment by Convention of the People
Article XIII. Conventions, Constitutional Amendment and Revision Section 4.
Revision or amendment by legislative initiation
Article XIV. Miscellaneous Section 1.
Seat of government
Article XIV. Miscellaneous Section 2.
State boundaries
Article XIV. Miscellaneous Section 3.
General laws defined
Article XIV. Miscellaneous Section 4.
Continuity of laws; protection of office holders
Article II. Legislative Department Section 14.
Thirty days notice shall be given anterior to passage of private laws
Article II. Legislative Department Section 17.
Entails
Article III. Executive Department Section 3.
Returns of elections
Article III. Executive Department Section 17.
Department of Agriculture, Immigration and Statistics
Article III. Executive Department Section 18.
Department of Justice
Article VI. Suffrage and Eligibility to Office Section 5.
Indivisible plan; legislative intent
Article VI. Suffrage and Eligibility to Office Section 9.
When this Chapter operative
Article VII. Municipal Corporations Section 1.
County officers
Article VII. Municipal Corporations Section 2.
Duty of county commissioners
Article VII. Municipal Corporations Section 3.
Counties to be divided into districts
Article VII. Municipal Corporations Section 4.
Townships have corporate powers
Article VII. Municipal Corporations Section 12.
Charters to remain in force until legally changed
Article VII. Municipal Corporations Section 14.
Powers of General Assembly over municipal corporations
Article VIII. Corporations Other than Municipal Section 2.
Debts of corporations, how secured
Article IX. Education Section 3.
Counties to be divided into districts
Article IX. Education Section 16.
Agricultural department
Article IX. Education Section 12.
Education expense grants and local option
Article XI. Punishments, Penal Institutions and Public Charities Section 6.
The sexes are to be separated
Article XI. Punishments, Penal Institutions and Public Charities Section 8.
Orphan houses
Article XI. Punishments, Penal Institutions and Public Charities Section 9.
Inebriates and idiots
Article XI. Punishments, Penal Institutions and Public Charities Section 10.
Deaf mutes, blind, and insane
Article XI. Punishments, Penal Institutions and Public Charities Section 11.
Self-supporting
Article XII. Militia Section 1.
Who are liable to militia duty
Article XII. Militia Section 2.
Organizing, etc.
Article XII. Militia Section 4.
Exemptions
Article XIV. Miscellaneous Section 1.
Indictments
Article XIV. Miscellaneous Section 2.
Penalty for fighting duel
Article XIV. Miscellaneous Section 8.
Intermarriage of whites and Negroes prohibited
In 1968 the Constitution was Changed 7 Times
Article II. Legislative Department Section 5.
Senate Districts; Apportionment of Senators
Article II. Legislative Department Section 6.
Number of Representatives
Article II. Legislative Department Section 7.
Representative districts; apportionment of representatives
Article II. Legislative Department Section 10.
Qualifications for Representatives
Article II. Legislative Department Section 15.
Vacancies
Article II. Legislative Department Section 29.
Election for members of the General Assembly
Article II. Legislative Department Section 28.
Compensation of Members and Officers of the General Assembly
1965
Intermediate Court of Appeals
Although the North Carolina Bar Association’s “Improving and Expediting the Administration of Justice” committee recommended the creation of an intermediate appellate court as a part of its 1958 recommendations, the legislature that crafted the 1962 amendments to the judicial article declined to include it. As the legislature worked to implement the 1962 amendments, the issue was once again raised, this time by the justices of the North Carolina Supreme Court. With the support of the governor, lieutenant governor, and influential senators, the 1965 legislature sent voters a proposed amendment creating an intermediate appellate court. Approved during a special general election held to approve a highway bond issue, the proposed amendment passed by an “overwhelming majority.” Two years later, the legislature established the Court of Appeals and provided that the sitting governor would appoint its first six members. The legislature also established that the governor serving in 1969 would have the opportunity to appoint three additional members to the court, bringing the total number of judges to nine. The size of the court was increased to twelve in 1977, and then to fifteen, its current size, in 2000.
North Carolina Court of Appeals Building in downtown Raleigh. Indy beetle.
In 1965 the Constitution was Changed 5 Times
Article IV. Judicial Department Section 5.
Appellate Division
Article IV. Judicial Department Section 6a.
Court of Appeals
Article IV. Judicial Department Section 10.
Jurisdiction of the General Court of Justice
Article IV. Judicial Department Section 14.
Terms of office and election of Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Superior Court
Article IV. Judicial Department Section 15.
Removal of judges and clerks
In 1964 the Constitution was Changed 1 Time
1962
Judicial Article Revision
In 1962, voters approved an amendment to revise the state’s judicial branch. By the 1950s, there was “growing dissatisfaction with the maze of local courts, the variations in jurisdiction and rules, the backlog of cases, and the obvious danger of having a judge’s pay depend on the fines imposed.” In 1955, Governor Luther Hodges asked the state bar association to form a committee for “Improving and Expediting the Administration of Justice in North Carolina.” This committee made a series of recommendations in 1958, most of which were approved by voters in 1962. Most notably, the revision reestablished a unified and uniform judicial system for the state, which began operating in 1966.
Historic Haywood County Courthouse. Stephen Matthew Milligan.
In 1962 the Constitution was Changed 40 Times
Article I. Declaration of Rights Section 37.
Treason against the State
Article I. Declaration of Rights Section 37.
Other rights of the people
Article II. Legislative Department Section 6.
Regulations in relation to appointment of representatives
Article II. Legislative Department Section 22.
Other senatorial officers
Article II. Legislative Department Section 29.
Limitations upon power of General Assembly to enact private or special legislation
Article III. Executive Department Section 2.
Qualifications of Governor and Lieutenant-Governor
Article III. Executive Department Section 12.
Succession to office of Governor
Article III. Executive Department Section 13.
Duties of other executive officers
Article III. Executive Department Section 15.
Compensation of executive officers
Article IV. Judicial Department Section 1.
Division of judicial power
Article IV. Judicial Department Section 2.
General Court of Justice
Article IV. Judicial Department Section 3.
Judicial powers of administrative agencies
Article IV. Judicial Department Section 4.
Court for the Trial of Impeachments
Article IV. Judicial Department Section 5.
Appellate Division
Article IV. Judicial Department Section 6.
Supreme Court
Article IV. Judicial Department Section 7.
Superior Courts
Article IV. Judicial Department Section 8.
District Courts
Article IV. Judicial Department Section 9.
Assignment of Judges
Article IV. Judicial Department Section 10.
Jurisdiction of the General Court of Justice
Article IV. Judicial Department Section 11.
Forms of action; rules of procedure
Article IV. Judicial Department Section 12.
Waiver of jury trial
Article IV. Judicial Department Section 13.
Administration
Article IV. Judicial Department Section 14.
Term of office and election of Justices of Supreme Court and Judges of Superior Court
Article IV. Judicial Department Section 15.
Removal of judges and clerks
Article IV. Judicial Department Section 16.
Solicitors and solicitorial districts
Article IV. Judicial Department Section 17.
Vacancies
Article IV. Judicial Department Section 18.
Revenues and expenses of the judicial department
Article IV. Judicial Department Section 19.
Fees, salaries, and emoluments
Article IV. Judicial Department Section 20.
Effect of uniform general law requirement
Article IV. Judicial Department Section 21.
Schedule
Article V. Revenue and Taxation Section 3.
State taxation
Article V. Revenue and Taxation Section 6.
Property exempt from taxation
Article VI. Suffrage and Eligibility to Office Section 2.
Qualifications of voter
Article VII. Municipal Corporations Section 5.
Sheriffs
Article VII. Municipal Corporations Section 6.
Trustees shall assess property
Article VII. Municipal Corporations Section 10.
When officers enter on duty
Article VII. Municipal Corporations Section 11.
Governor to appoint justices
Article VII. Municipal Corporations Section 14.
Powers of General Assembly over municipal corporations
Article XIV. Miscellaneous Section 6.
Seat of Government
Article XIV. Miscellaneous Section 7.
Dual office-holding
In 1956 the Constitution was Changed 4 Times
Article II. Legislative Department Section 2.
Time of assembly
Article II. Legislative Department Section 28.
Pay of members and presiding officers of the General Assembly
Article IX. Education Section 12.
Education expense grants and local option
Article X. Homesteads and Exemptions Section 6.
Property of married women secured to them
1954
Creation of the Board of Paroles
From 1868 to 1955, parole authority in the state gradually shifted from the governor to a dedicated board. Initially, the governor held sole authority to grant parole as part of the broader powers of executive clemency. Then, in 1917, the General Assembly established the Advisory Board of Parole to assist the governor by reviewing parole requests for prisoners who had served the minimum punishment prescribed by statute for the offenses for which they were convicted. The state prison superintendent provided case records to the Advisory Board, which could recommend eligible prisoners for parole to the governor. A commissioner of parole was added in 1933, and, by 1935, a more structured system was in place, including parole investigators and staff, though the governor still had final authority.
In 1953, a new three-member Board of Paroles replaced the earlier structures. By then, the governor was relying almost entirely on the commission’s recommendations. Because the governor’s role had become largely clerical and routine, voters approved an amendment in 1955 relieving the governor of the responsibility and giving the Board of Paroles the “complete authority to grant, revoke, and terminate parole.” The governor’s power over commutations, reprieves and pardons was left undisturbed.
In 1954 the Constitution was Changed 5 Times
Article III. Executive Department Section 6.
Reprieves; commutations; and pardons
Article III. Executive Department Section 13.
Duties of other executive officers
Article IV. Judicial Department Section 8.
Supreme court
Article IV. Judicial Department Section 31.
Vacancies
Article VI. Suffrage and Eligibility to Office Section 2.
Qualifications of voters
In 1952 the Constitution was Changed 3 Times
In 1950 the Constitution was Changed 5 Times
Article I. Declaration of Rights Section 12.
Answers to criminal charges
Article II. Legislative Department Section 28.
Pay of members and presiding officers of the General Assembly
Article II. Legislative Department Section 31.
Use of funds of Teachers' and State Employees' Retirement System restricted
Article IV. Judicial Department Section 12.
Judicial districts for superior courts
Article IV. Judicial Department Section 14.
Judicial districs; rotation; special superior court judges; assignment of superior court judges by chief justice
In 1948 the Constitution was Changed 1 Time
1946
Gender Neutral Wording Amendment
Women were not authorized to vote in North Carolina until the ratification of the 19th Amendment to the U.S. Constitution in 1920 (an amendment the North Carolina legislature initially voted against). It was not until 1946, however, that the state’s constitution was updated to reflect this new reality. Voters that year approved an amendment to make the constitution equally applicable to men and women. In addition to deleting the gender qualifications for voting, the amendment replaced masculine with gender-neutral pronouns throughout the document and expressly permitted women to serve on juries. In 1971, the North Carolina legislature formally ratified the 19th Amendment as a “symbolic gesture.”
Headquarters of the North Carolina Equal Suffrage Association, 1910. State Archives of North Carolina.
.jpg){kind=link}
In 1946 the Constitution was Changed 7 Times
Article I. Declaration of Rights Section 1.
The equality and rights of persons
Article I. Declaration of Rights Section 7.
Exclusive emoluments, etc.
Article I. Declaration of Rights Section 11.
In criminal prosecutions
Article I. Declaration of Rights Section 13.
Right of jury
Article I. Declaration of Rights Section 19.
Controversies at law respecting property
Article I. Declaration of Rights Section 26.
Religious liberty
Article VI. Suffrage and Eligibility to Office Section 1.
Right to vote
In 1944 the Constitution was Changed 7 Times
Article III. Executive Department Section 1.
Officers of the Executive Department; Terms of office
Article III. Executive Department Section 11.
Duties of the Lieutenant Governor
Article III. Executive Department Section 13.
Duties of other executive officers
Article III. Executive Department Section 14.
Council of State
Article IX. Education Section 8.
State Board of Education
Article X. Homesteads and Exemptions Section 8.
How deed for homestead may be made
Article XIV. Miscellaneous Section 7.
Dual office-holding
In 1938 the Constitution was Changed 2 Times
1936
Expanding the Supreme Court
Just 12 years after reducing the size of the North Carolina Supreme Court in 1875, public awareness of the court’s “crushing workload” led to an amendment expanding the size of the court from three justices back to five. Then, in 1936, North Carolinians again expanded the state supreme court, authorizing up to seven justices, including the chief justice. The following year, the General Assembly enacted enabling legislation permitting the governor to make these additional appointments. This composition, of six associate justices and one chief justice, remains in place today.
Old North Carolina Supreme Court building. Warren LeMay.
.jpg){kind=link}
In 1936 the Constitution was Changed 5 Times
Article IV. Judicial Department Section 8.
Supreme Court
Article V. Revenue and Taxation Section 3.
State taxation
Article V. Revenue and Taxation Section 5.
Limitations upon the increase of Public Debts
Article V. Revenue and Taxation Section 6.
Property exempt from taxation
Article VII. Municipal Corporations Section 9.
Taxes to be ad valorem
In 1932 the Constitution was Changed 1 Time
In 1928 the Constitution was Changed 1 Time
In 1926 the Constitution was Changed 1 Time
In 1924 the Constitution was Changed 2 Times
In 1920 the Constitution was Changed 5 Times
Article V. Revenue and Taxation Section 1.
Capitation text; exemptions.
Article V. Revenue and Taxation Section 3.
Taxation shall be by uniform rule and ad valorem
Article V. Revenue and Taxation Section 7.
Taxes levied by county commissioners
Article VI. Suffrage and Eligibility to Office Section 2.
Qualifications of voters
Article VI. Suffrage and Eligibility to Office Section 4.
Qualifications for registration
In 1918 the Constitution was Changed 2 Times
In 1917 the Constitution was Changed 4 Times
Article II. Legislative Department Section 29.
Limitations upon power of General Assembly to enact private or special legislation
Article IV. Judicial Department Section 14.
Residences of judges, rotation in judicial districts and special terms
Article VIII. Corporations Other than Municipal Section 1.
Corporations under general laws
Article VIII. Corporations Other than Municipal Section 4.
Legislature to provide for organizing cities, towns, etc.
In 1902 the Constitution was Changed 9 Times
Article VI. Suffrage and Eligibility to Office Section 1.
Who may vote
Article VI. Suffrage and Eligibility to Office Section 2.
Qualifications of voters
Article VI. Suffrage and Eligibility to Office Section 2.
Voter to be registered
Article VI. Suffrage and Eligibility to Office Section 4.
Qualifications for registration
Article VI. Suffrage and Eligibility to Office Section 5.
Indivisible plan, the legislative intent
Article VI. Suffrage and Eligibility to Office Section 3.
Popular election by ballot
Article VI. Suffrage and Eligibility to Office Section 4.
Eligibility to office. Official oath
Article VI. Suffrage and Eligibility to Office Section 5.
Disqualifications for office
Article VI. Suffrage and Eligibility to Office Section 9.
When this Chapter operative
1900
Literacy Test and Poll Tax
In 1900, the North Carolina Democratic Party further restricted the political rights granted to African Americans during the Reconstruction Era by instituting a literacy test and poll tax. The poll tax had to be paid by electors before May 1st in the year of the election they planned to vote in. This timing coincided with planting season, a period when Black sharecroppers typically had little or no cash available to make such a payment. The literacy test required that, before any North Carolinian could vote, they must be able to read and write a section of the state constitution in the English language. However, it contained one important exception—anyone who was eligible to vote prior to 1867 and their lineal descendants could vote without passing the literacy test if they registered within eight years of the amendment’s passage. Known as the “Grandfather Clause,” this exception aimed to shield illiterate white North Carolinians from disenfranchisement.
While the poll tax was eventually repealed by a constitutional amendment in 1919, the literacy test remains in the Constitution today, but it has been inoperative since 1965, when the federal Voting Rights Act imposed a ban on literacy tests. North Carolinians nevertheless chose to retain the literacy test provision when they adopted the Constitution of 1971.
Political cartoon from The Caucasian of Raleigh criticizing the literacy test. The Caucasian, volume XVIII, second edition, July 26, 1900, page 1.
In 1888 the Constitution was Changed 1 Time
In 1880 the Constitution was Changed 2 Times
In 1877 the Constitution was Changed 37 Times
Article I. Declaration of Rights Section 24.
Militia and the right to bear arms
Article I. Declaration of Rights Section 25.
Right of the people to assemble together
Article II. Legislative Department Section 2.
Time of assembling
Article II. Legislative Department Section 4.
Senatorial districts
Article II. Legislative Department Section 8.
Apportionment of Representatives
Article II. Legislative Department Section 27.
Terms of office
Article II. Legislative Department Section 29.
Election for members of the general assembly
Article II. Legislative Department Section 28.
Pay of members and officers of the general assembly
Article III. Executive Department Section 10.
Officers whose appointments are not otherwise provided for
Article III. Executive Department Section 17.
Department of agriculture, immigration and statistics
Article IV. Judicial Department Section 4.
Division of judicial powers
Article IV. Judicial Department Section 8.
Supreme court justices
Article IV. Judicial Department Section 9.
Terms of the supreme court
Article IV. Judicial Department Section 10.
Jurisdiction of supreme court
Article IV. Judicial Department Section 12.
Judicial districts for superior courts
Article IV. Judicial Department Section 13.
Apportionment of said districts
Article IV. Judicial Department Section 14.
Residences of judges; rotation in judicial districts; special terms
Article IV. Judicial Department Section 15.
Original jurisdiction of the Superior Courts
Article IV. Judicial Department Section 16.
Appellate jurisdiction
Article IV. Judicial Department Section 17.
Jurisdiction of Superior Court clerks
Article IV. Judicial Department Section 12.
Jurisdiction of courts inferior to supreme court
Article IV. Judicial Department Section 21.
Election, terms of office, etc., of justices of the supreme and judges of the superior courts
Article IV. Judicial Department Section 31.
Vacancies
Article IV. Judicial Department Section 33.
Jurisdiction of justices of the peace
Article IV. Judicial Department Section 30.
Officers of other courts inferior to supreme court
Article IV. Judicial Department Section 31.
Removal of judges of the various courts for inability
Article IV. Judicial Department Section 32.
Removal of clerks of the various courts for inability
Article IV. Judicial Department Section 33.
Amendments not to vacate existing offices
Article VI. Suffrage and Eligibility to Office Section 1.
Who may vote
Article VII. Municipal Corporations Section 14.
Power of the general assembly over municipal corporations
Article IX. Education Section 2.
General assembly shall provide for schools
Article IX. Education Section 4.
What property devoted to educational purposes
Article IX. Education Section 5.
County school funds
Article XI. Punishments, Penal Institutions and Public Charities Section 1.
Punishments; convict labor; proviso
Article XIII. Amendments Section 1.
Convention, how called
Article XIII. Amendments Section 2.
How the constitution may be altered
Article XIV. Miscellaneous Section 8.
Intermarriage of whites and negroes prohibited
1875
The Convention of 1875
Following the adoption of the Constitution of 1868, “the North Carolina Democratic Party had wanted to eliminate, or at least modify, the ‘radical’ Reconstruction constitution, which they viewed as the product of blacks, northern carpetbaggers, and Unionist scalawags.” In 1875, the General Assembly called a constitutional convention into session and a Democrat-controlled board certified the election of a number of Democratic delegates without waiting for returns from Republican precincts. Although the convention call prohibited delegates from considering certain actions, such as reinstatement of property qualifications for officeholding or voting, the delegates approved, and voters later ratified, 30 amendments affecting 36 sections of the constitution.
These amendments included provisions that reduced the size of the state supreme court from five to three justices, abandoned the uniform court system and allowed the legislature to control inferior courts, required segregated public schools, and prohibited interracial marriages. The amendments also simplified the method of amending the constitution by eliminating certain technical requirements regarding presentation and publication and abolishing the requirement that a proposed amendment be approved by two successive sessions of the General Assembly, instead requiring a three-fifths vote in each house during a single session. Another amendment gave the General Assembly the power to modify or abolish municipal governments. This included allowing the General Assembly to appoint justices of the peace, who would in turn select county commissioners, effectively barring African Americans and Republicans from holding local office. These amendments “gave the Democrats majority control of political offices across the state that was not justified by their actual electoral numbers [for] decades.”
Many documents of the late 1800s and early 1900s refer to the iteration of the constitution following these amendments as the “Constitution of 1875,” even though the convention did not result in an entirely new constitution. Some posit that this characterization of the 1875 amendments as a new constitution was a purposeful effort to “relieve the 1868 Constitution of the unpopularity heaped on it earlier by Conservative critics.”
Journal of the Constitutional Convention of 1875. North Carolina Digital Collections.
In 1873 the Constitution was Changed 17 Times
Article I. Declaration of Rights Section 6.
Public debt
Article II. Legislative Department Section 2.
Time of assembling
Article II. Legislative Department Section 5.
Regulations in relation to districting the State for Senator
Article III. Executive Department Section 1.
Officers of the executive department; terms of office
Article III. Executive Department Section 6.
Reprieves, commutations and pardons
Article III. Executive Department Section 13.
Duties of other executive officers
Article III. Executive Department Section 14.
Council of state
Article IV. Judicial Department Section 2.
Appointment and duties of three Commissioners
Article IV. Judicial Department Section 3.
Code of law
Article V. Revenue and Taxation Section 4.
Payment of interest on public debt
Article V. Revenue and Taxation Section 6.
Property exemptions from taxation
Article IX. Education Section 5.
Election of the trustees, and provisions for maintenance of the university
Article IX. Education Section 7.
Board of education
Article IX. Education Section 13.
Trustees for the University
Article IX. Education Section 14.
Board of Trustees
Article IX. Education Section 15.
Privileges and rights vested in new Board
Article XIV. Miscellaneous Section 7.
Dual office-holding
1868
North Carolina’s Second Constitution
Soon after the Convention of 1865-66 brought North Carolina back into the Union, the state held another convention, as required by the federal Reconstruction Act of 1867, which placed all former Confederate states (excluding Tennessee) under military rule and required them to adopt new constitutions. Delegates were to be elected by voters, who in turn were required only to be male and at least twenty-one years of age. States were prohibited from discriminating against voters on the basis of race or previous condition of servitude. These new state constitutions were to conform with federal law, and, after ratification by voters, were subject to approval by Congress. States were also required to adopt the 14th Amendment.
The proposed constitution that emerged from this convention was ratified and became North Carolina’s 1868 Constitution. It was considered “relatively progressive” for its time and was “highly unpopular with the more conservative elements of the state.” Under the new document, North Carolinians were allowed to participate in politics—voting and office holding—even if they did not own property. Furthermore, the Senate was to be apportioned based on population, rather than on the basis of property holders. The constitution also strengthened the power of the executive branch by increasing the authority of the governor and providing for popular elections of most executive officers to four-year terms. Other notable changes included free public schools (a provision that continues to be litigated today), a system of taxation set by the General Assembly, a uniform court system, popular election of state supreme court justices, and a fixed scheme of county and township government.
Additionally, the 1868 Constitution included language that explicitly recognized the existence of “inalienable rights.” This language, which closely mirrors the words of the Declaration of Independence, was included in the constitutions of many states at the founding of the nation but was purposely omitted in North Carolina’s first constitution. Drafters were concerned that its inclusion would undermine slavery when the rest of the 1776 Declaration of Rights only applied to white men. It wasn’t until after the Civil War, when African Americans were finally permitted to take part in the state constitutional convention, that the language was added to the state constitution in the hopes that it would help secure racial equality.
Journal of the Constitutional Convention of 1868. Documenting the American South.
In 1868 the Constitution was Changed 1 Time
1865
The Convention of 1865-66
The Civil War officially ended in North Carolina on April 26, 1865, when Raleigh was surrendered to Union forces. On May 29, President Andrew Johnson issued a proclamation appointing William W. Holden as provisional governor of North Carolina and “outlin[ing] the procedure by which the state could establish its loyalty, reorganize its government, and eventually return to the Union.” Per the terms of the decree, Holden was to convene a state convention, composed of those “loyal to the United States, and no others, for the purpose of altering and amending the Constitution.” Voting for delegates was restricted to citizens who had taken a loyalty oath or received a special pardon.
The convention began on September 21, 1865. Delegates quickly agreed on an amendment to prohibit slavery in the state, although some debated the inclusion of the word “forever.” A proposal to nullify secession was also passed. Both amendments were approved by voters. The delegates also drafted a revised state constitution, which was “largely a restatement of the Constitution of 1776 and the 1835 amendments” with some added features, but voters rejected that revised constitution, 19,880 to 21,770. Nonetheless, because the two amendments prohibiting slavery and nullifying secession were ratified, North Carolina was readmitted to the union.
Engraving of Provisional Governor, William Woods Holden. Unknown.
In 1865 the Constitution was Changed 2 Times
An Ordinance Declaring Null and Void the Ordinance of May 20th, Eighteen Hundred and Sixty-One
An Ordinance Declaring Null and Void the Ordinance of May 20th, Eighteen Hundred and Sixty-One
An Ordinance Prohibiting Slavery in the State of North-Carolina
An Ordinance Prohibiting Slavery in the State of North-Carolina
In 1862 the Constitution was Changed 16 Times
An Ordinance to Amend an Ordinance Entitled "An Ordinance to Secure to Certain Officers and Soldiers the Right to Vote" Section 1.
An Ordinance to Amend an Ordinance Entitled "An Ordinance to Secure to Certain Officers and Soldiers the Right to Vote" Section 2.
An Ordinance to Amend an Ordinance Entitled "An Ordinance to Secure to Certain Officers and Soldiers the Right to Vote" Section 3.
Article VIII. An Ordinance to Provide for Amending the Forty-Sixth Section of the Constitution of this State, In Regard to Taking the Yeas and Nays in Either House of the General Assembly
An Ordinance to Provide for Amending the Forty-Sixth Section of the Constitution of this State, In Regard to Taking the Yeas and Nays in Either House of the General Assembly
Article X. An Ordinance in Relation to Electors of the Senate
An Ordinance in Relation to Electors of the Senate
Article XI. An Ordinance Concerning the Election of Governors
An Ordinance Concerning the Election of Governors
Article XI. An Ordinance Concerning the Election of Governors Section 1.
Article XI. An Ordinance Concerning the Election of Governors Section 2.
Article XI. An Ordinance Concerning the Election of Governors Section 3.
Article XI. An Ordinance Concerning the Election of Governors Section 4.
Article XI. An Ordinance Concerning the Election of Governors Section 5.
Article XII. An Ordinance to Allow Certain Person to Vote for Governor in Any Other than the Counties in Which They Reside Section 1.
Article XII. An Ordinance to Allow Certain Person to Vote for Governor in Any Other than the Counties in Which They Reside Section 2.
Article XII. An Ordinance to Allow Certain Person to Vote for Governor in Any Other than the Counties in Which They Reside Section 3.
An Ordinance Declaring What Ordinances of This Convention Shall Have Permanent Operation Section 1.
An Ordinance Declaring What Ordinances of This Convention Shall Have Permanent Operation Section 2.
1861
The Convention of 1861 and Secession
By the beginning of 1861, Southern states were grappling with the question of secession. On February 28, the delegates at the Convention of 1861 voted to remain in the Union, parting ways with the states to North Carolina’s south, all of which had already seceded. “[P]ublic opinion remained very split,” with many hoping that the national Peace Conference of 1861, then meeting in Washington D.C., would reach a compromise.
However, on April 12, 1861, when the first shots of the Civil War were fired in the Battle of Fort Sumter, President Lincoln requested 75,000 troops to “put down the rebellion.” North Carolina Governor John Ellis refused the call, instead convening the legislature into a special session on May 1. The Assembly voted to have an election of delegates on May 13 who would then serve in an unrestricted convention to meet in Raleigh on May 20. During that convention, the delegates approved several proposals—one dissolving the union of North Carolina with the United States and a second formally joining North Carolina with the Confederate States of America. They also voted, at the request of Governor Ellis, not to put the secession ordinances to a popular vote, “a procedure permitted by the state constitution until 1971.” On May 21, 1861, North Carolina was proclaimed a member of the Confederate States.
18th North Carolina Infantry Regiment Flag. North Carolina Museum of History.
In 1861 the Constitution was Changed 12 Times
Article I. An Ordinance to Dissolve the Union Between the State of North Carolina and the Other States United with Her Under the Compact of Government Entititled the Constitution of the United States
An Ordinance to Dissolve the Union Between the State of North Carolina and the Other States United with Her Under the Compact of Government Entititled the Constitution of the United States
Article II. An Ordinance Defining Treason Against the State
An Ordinance Defining Treason Against the State
Article III. An Ordinance to Ratify the Constitution of the Provisional Government of the Confederate States of America
An Ordinance to Ratify the Constitution of the Provisional Government of the Confederate States of America
Article IV. An Ordinance to Ratify the Constitution of the Confederate States of America
An Ordinance to Ratify the Constitution of the Confederate States of America
Article V. An Ordinance to Amend the 4th Section of the 4th Article of the Amendments to the Constitution
An Ordinance to Amend the 4th Section of the 4th Article of the Amendments to the Constitution
Article VI. An Ordinance in Relation to Taxation Section 1.
Article VI. An Ordinance in Relation to Taxation Section 2.
Article VII. An Ordinance to Secure to Certain Officers and Soldiers the Right to Vote Section 1.
Article VII. An Ordinance to Secure to Certain Officers and Soldiers the Right to Vote Section 2.
Article VII. An Ordinance to Secure to Certain Officers and Soldiers the Right to Vote Section 3.
Article VII. An Ordinance to Secure to Certain Officers and Soldiers the Right to Vote Section 4.
Article IX. An Ordinance to Amend the Second Section of the Fourth Article of the Amendments to the Constitution
An Ordinance to Amend the Second Section of the Fourth Article of the Amendments to the Constitution
1857
Removal of 50-Acre Land Ownership Requirement
Between 1836 and 1868, legislators submitted only one amendment to voters, which was approved. The amendment abolished the 50-acre land ownership requirement for casting ballots in state senate elections. As a result, all white male taxpayers became eligible to vote in these races, greatly increasing the number of North Carolinians able to participate in selecting senators.
The North Carolina Senate of 1874 posing outside of the state capitol building. Unknown.
In 1857 the Constitution was Changed 1 Time
1835
By 1835, many citizens were dissatisfied with the 1776 Constitution. Largely unchanged over the preceding half-century, many North Carolinians had come to view the 1776 Constitution as “unfair and undemocratic.” In 1835, the state held a constitutional convention, out of which a number of substantial amendments were proposed and adopted, including making legislative sessions biennial instead of annual; providing methods of amending the constitution; abolishing suffrage for free Black residents; and relaxing the religious qualifications for holding office. Other major amendments include following:
Popular Representation
“The principal changes effected by the 1835 Convention involved the election process, including voter qualifications and rules for legislative apportionment.” The original 1776 Constitution allocated representatives based on units of local government, which had “no direct recognition to population.” The 1835 convention recommended a system that took more account of population: The North Carolina House of Commons first gave each county one seat and then allocated additional seats based on population. North Carolina Senate seats were allocated based on the amount of taxes paid by the counties comprising the district. Membership of the House of Commons and Senate was also fixed at their present levels, 120 and 50 respectively.
Governor’s Powers
While the 1776 Constitution set up three separate branches of government, it established the legislature as the most powerful branch. Not only did the General Assembly wield all legislative power, but it also appointed all state executives and judges.
The governor, elected by the legislature to serve a one-year term (and limited to three terms in six years), wielded minimal authority. What little authority the governor had was further limited by a requirement that all executive initiatives receive the concurrence of a majority of the seven-member Council of State, whose members were also all chosen by the legislature. These constraints on gubernatorial power were “the result of grave conflicts with previous royal governors.”
The 1838 amendments “greatly strengthen[ed]” the office of the governor and removed the office from “a position of almost total subservience to the General Assembly.” The governor was to be elected by popular vote, rather than by the General Assembly, and would serve a two-year term instead of a one-year term. These changes “marked the beginning of modern political campaigning” in the state, and are also credited with “providing the citizens of North Carolina with a statewide forum for discussing important political issues.”
David S. Reid, 32nd Governor of North Carolina, in front of the state capitol building in Raleigh. Unknown.
In 1835 the Constitution was Changed 12 Times
1776
North Carolina’s First Constitution
After the American Revolutionary War broke out, it soon became clear that the former colonies needed to establish new governmental structures. In response, the North Carolina provisional governor announced an election for the Fifth Provincial Congress, which was tasked with drafting a state constitution. The congress appointed a drafting committee, which consulted the newly adopted constitution of Virginia, Pennsylvania, Delaware, and New Jersey while performing its work. The North Carolina Constitution was characterized by a strong legislature and a weak executive and reflected a widespread distrust of centralized power.
The finished product comprised two parts: A Declaration of Rights, enumerating the basic rights of North Carolinians, and the Ordinance of the Convention, providing for the basic legal structure of the North Carolina government. Although these two parts were treated and adopted separately, the two documents form a single whole. “Like all other contemporary state declarations and constitutions, neither was submitted to the voters for approval. . . . [T]he distinction between ordinary and fundamental law was not yet clearly marked.” This constitution endured unchanged for nearly 60 years, until a convention assembled in 1835 to make substantial revisions.