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Constitution of North Carolina
The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, one of the U.S. states; it is the highest legal document for the state and subjugates North Carolina law. (Like all U.S. state constitutions, it is still subject to federal judicial review.)
The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. Since the first state constitution, there have been two major revisions and many amendments. The current form was ratified in 1971 and has 14 articles.
The three constitutions North Carolina has had are:
Through its history, North Carolina has had three Constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971.
In the pivotal months leading up to the creation of the Constitution, North Carolina was in a unique position of being governed by a council of safety of only thirteen members. Following this unique position, the Fifth North Carolina Provincial Congress ratified the first constitution, accompanied by a Declaration of Rights, on December 18,1776. The congress debated the Constitution for only 3 days before passing it like law.
Prior to independence, the colonial government of NC concentrated power at the top of society. North Carolina had a very strong governing power. The governor had veto power, striking down any law that they did not see fit, and the governor would keep the interest of the British King in mind. Maintaining a good relationship on an international level was important for American success. The Americans needed European investment in order to thrive. Leading up to the revolution most of the gentry, the wealthy, aristocratic class, was up to their neck in debt. They were relying on European investment to bring success to the American economy. Appeasing the King was necessary, but this would soon shift with the establishment of statehood. The governor would be stripped of their veto power, and there would be a council that votes on decisions. Although the constitution affirmed the separation of power between the three branches of government, the General Assembly held the true power. Until 1836, the General Assembly members were the only state officials who were elected by the people. The General Assembly picked Judges, the Governor and the members in the Council of State.
Judges had life terms and governors had a one-year term. The Governor had little power and in many cases needed the consent of the Council of State to exercise the power that the office did hold. More importantly, the constitution featured a weak executive branch, with most of the power going to the legislature. The governor, the first being Richard Caswell (who was the president of the Fifth North Carolina Provincial Congress), would be voted in by a legislature, not the people, and would serve a one year term, renewable up to three consecutive terms, with limited powers and no power to veto. This highlights a change in power, shifting from the governor to the lower assembly. The constitution established a judicial branch, but did not well define this branch's structure. The constitution also lacked a system of local government. Universal suffrage was not an element of this constitution. Only landowners could vote for Senators until 1857. To hold state office required land ownership until 1868.
The house of commons would be elected by all free men who owned at least 50 acres of land, and senators elected by all freeholders who had at least 50 acres of land in the county. To hold office, you had to be a Protestant Christian, a religious test to be in power and there were land requirements. 100 acres of land was required to hold the position as senate. This restricted who could run for the position, limiting the power that the people had. The strong legislative control highlighted a belief that representatives of the people should hold the power. This would be a step forward and more democratic than the tyrannical British rule that was previous to this constitution. The constitution would also feature a declaration of rights, signed by Richard Caswell, the first governor, and James Green, clerk of Provincial Congress.
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Constitution of North Carolina
The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, one of the U.S. states; it is the highest legal document for the state and subjugates North Carolina law. (Like all U.S. state constitutions, it is still subject to federal judicial review.)
The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. Since the first state constitution, there have been two major revisions and many amendments. The current form was ratified in 1971 and has 14 articles.
The three constitutions North Carolina has had are:
Through its history, North Carolina has had three Constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971.
In the pivotal months leading up to the creation of the Constitution, North Carolina was in a unique position of being governed by a council of safety of only thirteen members. Following this unique position, the Fifth North Carolina Provincial Congress ratified the first constitution, accompanied by a Declaration of Rights, on December 18,1776. The congress debated the Constitution for only 3 days before passing it like law.
Prior to independence, the colonial government of NC concentrated power at the top of society. North Carolina had a very strong governing power. The governor had veto power, striking down any law that they did not see fit, and the governor would keep the interest of the British King in mind. Maintaining a good relationship on an international level was important for American success. The Americans needed European investment in order to thrive. Leading up to the revolution most of the gentry, the wealthy, aristocratic class, was up to their neck in debt. They were relying on European investment to bring success to the American economy. Appeasing the King was necessary, but this would soon shift with the establishment of statehood. The governor would be stripped of their veto power, and there would be a council that votes on decisions. Although the constitution affirmed the separation of power between the three branches of government, the General Assembly held the true power. Until 1836, the General Assembly members were the only state officials who were elected by the people. The General Assembly picked Judges, the Governor and the members in the Council of State.
Judges had life terms and governors had a one-year term. The Governor had little power and in many cases needed the consent of the Council of State to exercise the power that the office did hold. More importantly, the constitution featured a weak executive branch, with most of the power going to the legislature. The governor, the first being Richard Caswell (who was the president of the Fifth North Carolina Provincial Congress), would be voted in by a legislature, not the people, and would serve a one year term, renewable up to three consecutive terms, with limited powers and no power to veto. This highlights a change in power, shifting from the governor to the lower assembly. The constitution established a judicial branch, but did not well define this branch's structure. The constitution also lacked a system of local government. Universal suffrage was not an element of this constitution. Only landowners could vote for Senators until 1857. To hold state office required land ownership until 1868.
The house of commons would be elected by all free men who owned at least 50 acres of land, and senators elected by all freeholders who had at least 50 acres of land in the county. To hold office, you had to be a Protestant Christian, a religious test to be in power and there were land requirements. 100 acres of land was required to hold the position as senate. This restricted who could run for the position, limiting the power that the people had. The strong legislative control highlighted a belief that representatives of the people should hold the power. This would be a step forward and more democratic than the tyrannical British rule that was previous to this constitution. The constitution would also feature a declaration of rights, signed by Richard Caswell, the first governor, and James Green, clerk of Provincial Congress.