North Carolina Constitution

The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, one of the United States; it is the highest legal document for the state and subjugates North Carolina law. All US state constitutions are subject to federal judicial review; any provision can be nullified if it, in the view of a majority of the Justices of the United States Supreme Court, as constituted from time to time, conflicts with the US Constitution or any federal law pursuant to the Constitution, even if the identical language was previously upheld as valid by the court.

The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. Since the first state constitution, there have been two major revisions and many amendments. The current form was ratified in 1971 and has 14 articles.

The three constitutions North Carolina has had are:

Through its history, North Carolina has had three Constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971.

The Fifth Provincial Congress ratified the first constitution in December 1776. 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 Assembly held the true power. Until 1836, the General Assembly members were the only state officials who were elected by the people. The General Assembly picked Judges, the Governor and the members in the Council of State. Judges had life terms and governors had a one-year term. The Governor had little power and in many cases needed the consent of the Council of State to exercise the power that the office did hold. The Governor was also 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 suffrage was not an element of this constitution. Only landowners could vote for Senators until 1857. To hold state office required land ownership until 1868.

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