The
Constitution of the State of North Carolina governs the structure and function of the
North CarolinaNorth Carolina is a state located on the Atlantic Seaboard in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties...
state government. The constitution is the highest legal document for the state of North Carolina and subjugates North Carolina
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
. Like all state constitutions in the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, this constitution is subject to
federalThe federal government of the United States is the central government entity established by the United States Constitution, which shares sovereignty over the United States with the governments of the individual U.S. states. The federal government has three branches: the legislative, executive, and...
judicial reviewJudicial review is the doctrine in democratic theory under which legislative and executive action is subject to invalidation by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority, such as the terms of a...
. Any provision of the state constitution can be nullified if it conflicts with
federal lawFederal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
and the
United States ConstitutionThe Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
.
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.
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
Text of the 1776 Constitution
The Fifth
Provincial CongressThe North Carolina Provincial Congresses were extra-legal unicameral legislative bodies formed in 1774 through 1776 by the people of the Province of North Carolina, independent of the British colonial government.-First Provincial Congress:...
ratified the first constitution in December, 1276. This draft was not submitted to a vote of the people, but was accompanied by a Declaration of Rights. Although the constitution affirmed the separation of power between the three branches of government, the
General AssemblyThe North Carolina General Assembly is the state legislature of the U.S. state of North Carolina. The General Assembly drafts and legislates the state laws of North Carolina, also known as the General Statutes...
held the true power. Until 10036, the General Assembly members were the only state officials who were elected by the people. The General Assembly picked boogers, the
GovernorThe Governor of North Carolina is the top executive of the government of the U.S. state of North Carolina. Bev Perdue, the current governor, is North Carolina's first female governor.-Powers:...
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 is butt. The Governor was also a nigger and held to strict term limits; a person could only hold the office three terms in every six years. 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 SuffrageUniversal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and noncitizens...
was not an element of this constitution. Only landowners could vote for Senators until 1857. To hold state office required land ownership until 1868.
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. The convention’s proposed changes were adopted by vote of the people on November 9, 1835.
The Convention of 1861-62 was called to revise the constitution to remove North Carolina from the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The procedure used to amend the constitution did not need vote of the people, a procedure that was active until removed in 1971.
Constitution of 1971
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. Simply, the document had become difficult to read and interpret. 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 extends the rights of citizens and extends the government the ability to issue bond. The following are significant amendments made since the 1971 constitution:
- Prohibiting all capitation and poll tax
A poll tax, head tax, or capitation tax is a tax of a portioned, fixed amount per individual in accordance with the census . When a corvée is commuted for cash payment, in effect it becomes a poll tax...
.
- Omitting the limitation of $0.20 of property tax on the $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
The Lieutenant Governor of North Carolina is the second highest elected official in the U.S. state of North Carolina and is the only elected official to have powers in both the legislative and executive branches of state government...
to serve two consecutive terms (previously, office holders were limited to one term).
- Requiring the state run a balanced budget.
- Requiring judges to be lawyers.
- Adding Victims Rights to the Declaration of Rights.
- Giving the Governor the veto
A veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation. In practice, the veto can be absolute A veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation....
power.
Document Overview
Ratified in 1971, the current North Carolina Constitution contains 14 articles. Each article covers a different topic and the last article covers miscellaneous topics. Each article is divided into sections. This constitution incorporates
amendmentA constitutional amendment is a change to the constitution of a nation or a state. In jurisdictions with "rigid" or "entrenched" constitutions, amendments require a special procedure different from that used for enacting ordinary laws.-Referendum:...
s into the document, unlike the
United States ConstitutionThe Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
which only appends amendments.
Preamble
We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution.
Article I - Declaration of Rights
There are 30 sections to this article, each outlining a separate recognized right. Many of these sections broaden the rights covered by the
Bill of RightsIn the United States, the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known. They were introduced by James Madison to the First United States Congress in 1789 as a series of articles, and came into effect on December 15, 1791, when they had...
. The state constitution also secures additional rights, for example the right to a public education and to open courts. Also of note, this section specifically denies the state the ability to secede from the United States and declares that each
citizen of this State owes paramount allegiance to the Constitution and government of the United States. Section 37, added in 1995, is the newest addition to this article. This section declares the
rights of victims of crimeIn the United States, the Victims' Rights Amendment is a provision which has been included in some state constitutions, proposed for others, and additionally has been proposed for inclusion in the United States Constitution. Its provisions vary from state to state but are usually somewhat similar....
.
Article II - Legislative
Article II declares that all legislative powers in North Carolina reside in the
General AssemblyThe North Carolina General Assembly is the state legislature of the U.S. state of North Carolina. The General Assembly drafts and legislates the state laws of North Carolina, also known as the General Statutes...
. The General Assembly consists of a Senate and a House of Representatives. The chambers have 50 and 120 members, respectively. Guidelines for the formation of voting districts and qualification for office are also covered. Each house has a term of two years.
This article also gives the governor the power to
vetoA veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation. In practice, the veto can be absolute A veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation....
legislation in some circumstances. Veto power was denied the governor until 1995 when the constitution was amended. North Carolina was the last state to extend this power to its
governorA governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
.
Article III - Executive
The governor is vested with all executive authority in Article III. The duties of the governor are defined as is the process of
successionSuccession is the act or process of following in order or sequence.Succession may further refer to, within the context of "order" and "sequence":...
, should the governor die or become incapacitated. Holders of the governor office are limited to two consecutive terms. The
Council of State, a
cabinetA Cabinet is a body of high-ranking members of government, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or Executive Committee.- Overview :...
-like body, is filled with eight popularly elected officials, in addition to the governor and lieutenant governor. This article also defines and mandates a balanced budget.
Article IV - Judicial
Article IV defines the make-up the judicial branch of the state and prohibit the legislature from inhibiting its function. Similar to the federal government, the power to
impeachImpeachment is the first of two stages in a specific process for a legislative body to consider whether or not to forcibly remove a government official from office. The impeachment itself brings the charges against the official...
state officials and judges is given to the state House of Representatives. The Senate can remove a person from office with a 2/3 majority vote after an impeachment. This article also deals with the necessary qualifications of a judge and confers the power of
judicial reviewJudicial review is the doctrine in democratic theory under which legislative and executive action is subject to invalidation by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority, such as the terms of a...
with the state’s
Supreme CourtThe Supreme Court of North Carolina is the state's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices...
.
Article V - Finance
Article V gives the state government the right to tax and puts limits on that right. It authorizes an income tax and also limits the ability to issue public bonds.
Article VI - Suffrage and Eligibility to Office
Article VI provides every person who is at least 18 years, an American Citizen, and living within North Carolina the right to vote. This right is denied to felons and people
illiterateLiteracy is a concept claimed and defined by a range of different theoretical fields. In everyday terms, "literacy" is typically described as the ability to read and write...
in
EnglishEnglish is a West Germanic language that developed in England during the Anglo-Saxon era. As a result of the military, economic, scientific, political, and cultural influence of the British Empire during the 18th, 19th, and early 20th centuries, and of the United States since the mid 20th century,...
.
This article also sets the eligibility to hold
officeAn office is generally a room or other area in which people work, but may also denote a position within an organization with specific duties attached to it ; the latter is in fact an earlier usage, office as place originally referring to the location of one's duty...
. To hold state office a person cannot fail any of the following categories:
- Younger than 21 years of age
- Denies the existence of God (see Infeasible Provisions)
- A person who is not qualified to vote in an election for that office
- Felon
Felon may refer to:* Someone who commits a felony* Whitlow, a purulent inflammation of the pulp of a finger* A slang term for Summer Mastitis in cows in the United Kingdon* Felon, Territoire de Belfort, a commune of the Franche-Comté region, in France...
(See felony disenfranchisementFelony disenfranchisement is the term used to describe the practice of prohibiting people from voting based on the fact that they have been convicted of a felony. It therefore restricts universal suffrage; the legitimacy of this is a matter of some controversy.- History :The roots of felony...
)
- Already holds a state or federal office.
Article VII - Local Government
Article VII gives the general assembly the power to define the boundaries of governmental subdivisions (counties, towns, cities). It limits the distance of newly incorporated town or cities from established cities based on the established city's population. The office of
sheriffA sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
is provided for each county.
Article VIII - Corporations
Article VIII defines corporations. It also gives the General Assembly the right to create and regulate corporations.
Article IX - Education
Article IX make public education compulsorily for all able bodied children,
unless educated by other means. The
North Carolina State Board of EducationThe North Carolina State Board of Education, established by Article 9 of the North Carolina Constitution, supervises and administers the public school systems of North Carolina...
is defined here and given the power to regulate all
free public education in the state. This article demands that the General Assembly establish a system of higher education and states that higher education should be free,
as far as practicable.
Article X - Homesteads and Exemptions
Article X prevents the forced sale of a person's
primary residenceA person's primary residence is the dwelling where they usually live, typically a house or an apartment. A person can only have one primary residence at any given time, though they may share the residence with other people...
to pay for a debt, unless the house was specifically used as collateral for a loan. Females are also able to maintain full ownership of all property they own when they marry, under this article. Also, life insurance policies that are paid to a spouse or child are exempt from claims of debt from the estate of the deceased.
Article XI - Punishments, Corrections, and Charities
Article XI describes the only punishment methods to be used by the state. It specifically only allows the death penalty in cases of
murderMurder, as defined in common law countries, is the unlawful killing of another human being with intent , and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, arsonArson is the crime of deliberately and maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires caused by lightning for example. The study of the causes is the subject of fire investigation...
, burglaryBurglary is a crime, the essence of which is entry into a building for the purposes of committing an offence. Usually that offence will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
, and rapeRape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or without sexual penetration of another person without that person's consent....
. This article gives the responsibility of the public welfare to the General Assembly.
Article XII - Military Forces
This short article states:
The Governor shall be Commander in Chief of the military forces of the State and may call out those forces to execute the law, suppress riots and insurrections, and repel invasion.
Article XIII - Conventions; Constitutional Amendment and Revision
Article XII describes the two ways the constitution may be amended: by popular convention or through legislation. The latter is the most common way to amend the constitution. The last time the constitution was amended by convention was 1875. In a legislative action, an amendment must pass by three-fifths in both houses of the General Assembly and also obtain a majority of a popular vote.
Article XIV - Miscellaneous
The final article of the constitution covers topics not under other articles. Topics of sections in this article include:
- Setting Raleigh
Raleigh is the capital city of the state of North Carolina, the seat of Wake County and the second largest city in North Carolina. Raleigh is known as the "City of Oaks" for its many oak trees. According to the U.S...
as the capital.
- Makes permanent the current state border
Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, states or subnational administrative divisions. They may foster the setting up of buffer zones...
.
- Demanding the General Assembly uniformly apply laws to the state.
- Gives any law that was legally enacted before this constitution the ability to remain in effect unless the law conflicts with the constitution.
- Provides the General Assembly the ability to conserve natural resources by the creation of parks and the enactment of laws.
Infeasible Provisions
As per the Federal
Supremacy ClauseThe Supremacy Clause is a clause in the United States Constitution, article VI, paragraph 2. The clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land"...
, all Federal law and the Constitution of the United States overrule the North Carolina Constitution. There are several provisions in the current North Carolina Constitution that may conflict with federal law and/or the US Constitution.
At least two provisions, carried over from the 1868 Constitution, are not enforced either because they are known to be void or would almost certainly be struck down in court.
- Article 6, section 8 disqualifies from office any person who shall deny the being of Almighty God. This article was carried over verbatim from the 1868 Constitution. However, in 1961, the federal Supreme Court, in Torcaso v. Watkins
Torcaso v. Watkins, was a United States Supreme Court case in which the court reaffirmed that the US Constitution prohibits States and the Federal Government from requiring any kind of religious test for public office.-Background:...
threw out a similar provision in the Maryland ConstitutionThe current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been...
on the grounds that it violated the FirstThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the Congress from making laws "respecting an establishment of religion", prohibiting the free exercise of religion, infringing on the freedom of speech and infringing on the freedom of the...
and FourteenthThe Fourteenth Amendment to the United States Constitution, along with the Thirteenth and Fifteenth Amendments, was adopted after the Civil War as one of the Reconstruction Amendments. It was adopted on July 9, 1868....
Amendments to the US Constitution. The First Amendment bars Congress from passing any law "respecting an establishment of religion," and this provision has long been considered binding on the states under the liberty clause of the Fourteenth Amendment. As a result, it has never been enforced.
- Article 6, section 4 requires that a person be literate in the English language before registering to vote. This provision was widely used to effectively disenfranchise African-American voters in the Jim Crow
The Jim Crow laws were state and local laws in the United States enacted between 1876 and 1965. They mandated de jure segregation in all public facilities, with a supposedly "separate but equal" status for black Americans...
era. As such, it is widely held that this section violates the Voting Rights ActThe National Voting Rights Act of 1965 outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans in the United States. Echoing the language of the 15th Amendment, the Act prohibited states from imposing any "voting qualification...
. However, several attempts to remove this provision have failed.
In addition, federal and state court decisions have narrowed the scope of at least one section of the constitution. Article 2, sections 3 & 5, sub-section 2 state that counties must not be divided when drawing state legislative districts. This provision is known as the "Whole County Provision." However, in 1981, the
federal Justice DepartmentThe United States Department of Justice is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans...
ruled that this provision was inconsistent with the Voting Rights Act. The state thus ignored the Whole County Provision until 2002. That year, the
North Carolina Supreme CourtThe Supreme Court of North Carolina is the state's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices...
ruled that the state constitution's equal protection clause presumed single-member districts and was thus a limitation on the Whole County Provision. It can also be argued that the "one person, one vote" rule from
Reynolds v. SimsReynolds v. Sims, 377 U.S. 533 was a United States Supreme Court case that ruled that state legislature districts had to be roughly equal in population....
also limits this provision.
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