Keith Mack
The first laws governing North Carolina were British laws, specifically statutory law and common law. The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. The first useful compilation of North Carolina laws was published in 1821, and they were recompiled about every 15 to 20 years until 1943, when the statutes were compiled for the last time into the form we recognize today. North Carolina has had three different constitutions, each created in response to significant events in the state's history. The current version of the North Carolina Constitution was ratified in 1971 and has 14 articles.
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What You'll Learn
North Carolina's first laws
The first laws governing North Carolina were British laws, as the state—like others—was originally a British colony. These laws came from two sources: statutory law, which consisted of statutes or laws passed by Parliament, and common law, which was based on ancient traditions and modified through the decisions of judges.
Following the American Declaration of Independence in 1776, North Carolina's Fifth Provincial Congress drafted and approved its first state constitution, which was meant to support North Carolinians in their fight for independence. This constitution was created in a unique context: in the months leading up to its creation, North Carolina was governed by a council of safety of only thirteen members. The congress debated the Constitution for just three days before passing it into law.
The first North Carolina Constitution established the state's legal system and outlined various provisions. For example, it stated that the Senate and House of Commons would jointly elect a Governor for one year, who would not be eligible for that office for longer than three years in six successive years. It also outlined the role of the Governor as the captain-general and commander-in-chief of the militia, and the keeper of the Great Seal of the State of North Carolina.
The Constitution of 1776 was followed by two others, in 1868 and 1971, with the current constitution ratified in 1971. The 1868 Constitution resulted from a federal mandate requiring North Carolina and other former Confederate states to bring their laws into conformity with US federal law. This version abolished slavery, provided for universal male suffrage, and made significant changes to the structure of North Carolina's governmental branches. However, amendments in subsequent years walked back some of these provisions.
In the first half of the nineteenth century, several attempts were made to reform North Carolina's laws. Reformers wanted to clarify the laws, reduce the number of capital crimes, build a state prison, and create programs to rehabilitate criminals. While they were partially successful in the first two areas, major reform would have to wait until after the Civil War.
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The first Constitution of 1776
The first North Carolina Constitution, also known as the Constitution of 1776, was created on December 18, 1776, after the American Declaration of Independence. The constitution was framed by a Congress chosen for the express purpose of establishing a government in the state. It was not submitted to the people for ratification.
The Constitution of 1776 was the first constitution of the independent state of North Carolina. It was accompanied by a Declaration of Rights, which was ratified the day before. The Declaration of Rights featured 25 sections, which would be expanded over time.
The constitution established a weak executive branch, with most of the power going to the legislature. The governor, who was voted in by the legislature and not the people, had a one-year term and limited powers, including no power to veto. The constitution also established a judicial branch, but did not define its structure.
The Constitution of 1776 included provisions such as popular sovereignty, equality (although this only applied to white men at the time), the right to a trial by jury, protection against unjust seizure, freedom of the press, the right to bear arms, and religious freedom (with limits).
The constitution also included provisions regarding land ownership, education, and the relationship between the state and Native American communities. For example, it stated that "every foreigner" who settled in the state could "purchase, or, by other means, acquire, hold, and transfer land, or other real estate" and would be deemed a free citizen after one year's residence. It also established that a "school or schools shall be established by the Legislature, for the convenient instruction of youth". Additionally, it stipulated that "no purchase of lands shall be made of the Indian natives, but on behalf of the public, by authority of the General Assembly".
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Reforming North Carolina's laws
The first laws governing North Carolina were British laws, which came from two sources: statutory law and common law. After the American Revolution, colonial laws became state laws, and the common law remained in force. Reformers in the United States worked to create new systems of laws, aiming for more humane punishments and seeking to codify the laws by writing them down as a "code".
In the first half of the 19th century, several attempts were made to reform North Carolina's laws. Reformers wanted to clarify the laws, reduce the number of capital crimes, build a state prison, and create rehabilitation programs for criminals. While they were partially successful in the first two areas, with the Revised Code of 1855 reducing the number of capital crimes to twelve, efforts at building a prison and rehabilitating criminals failed, and archaic punishments remained.
North Carolina's first state constitution was created in 1776, after the American Declaration of Independence. This constitution was drafted and approved by the Fifth North Carolina Provincial Congress, and it played a role in supporting North Carolinians' fight for American independence. The constitution was debated for only three days before being passed as law. It included provisions such as the election of a governor for a one-year term, the appointment of judges and attorneys, and the establishment of schools.
Since the first constitution, North Carolina has had two major revisions and many amendments. The current constitution, ratified in 1971, is the result of proposals made by the North Carolina State Constitution Study Commission to modernise the state's laws. It is the third constitution in the state's history, with the other two being adopted in 1868 and 1971. The 1868 constitution resulted from a federal mandate requiring North Carolina and other former Confederate states to bring their laws into conformity with federal law. This version abolished slavery, provided for universal male suffrage, and restructured the government.
Over time, the North Carolina Constitution has undergone various amendments and proposals for reform to bring it in line with federal law and address issues such as voting rights and religious freedom. As the supreme law of the state, the North Carolina Constitution continues to be a living document, reflecting the evolving needs and ideals of the state and its people.
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The Revised Code of 1855
However, the Revised Code of 1855 did not address all the issues reformers hoped it would. For example, no state prison was built, efforts to rehabilitate criminals were unsuccessful, and archaic punishments, such as public humiliation and torture, remained on the books.
The Code also included provisions regarding slaves and free persons of colour. For example, it stipulated that a petitioner intending to file a petition for emancipation must give public notice of their intention for at least six weeks before the hearing and enter into a bond with two securities, payable to the State of North Carolina.
While the Revised Code of 1855 represented a step towards a more humane and understandable legal system in North Carolina, major reform would have to wait until after the Civil War, and the state's laws continued to be refined and amended over time.
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The current Constitution
North Carolina has had three constitutions, adopted in 1776, 1868, and 1971, respectively. The current version of the state constitution, adopted in 1971, was the result of a series of proposals made by the North Carolina State Constitution Study Commission. This group of state political leaders and attorneys assembled to study other state constitutions and current federal law to make recommendations for modernizing the North Carolina constitution.
The 1971 Constitution is the third constitution of North Carolina and has 14 articles. It was formed after several attempts to amend the constitution, with 97 propositions submitted to the voters of North Carolina between 1869 and 1968. Of these 97 proposals, 69 were ratified and 28 were rejected. The draft constitution logically organized topics and omitted sections that were deemed unconstitutional.
However, there are several provisions in the current constitution that may conflict with federal law or the US Constitution. For example, Article 6, Section 8 disqualifies atheists from holding office, but this provision is not enforced as it would violate the First and Fourteenth Amendments to the federal Constitution. Similarly, Article 6, Section 4 requires literacy in the English language to register to vote, but this provision is also not enforced as it violates the Voting Rights Act.
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Frequently asked questions
The first North Carolina Constitution was created in 1776 after the American Declaration of Independence.
The first North Carolina Constitution included a Declaration of Rights, and outlined the structure and function of the state government. It also included laws regarding the Senate and House of Commons, the Governor, and the General Assembly.
North Carolina has had three constitutions, with the current version ratified in 1971.
From 1869 through 1968, 97 propositions for amending the Constitution were submitted to the voters of North Carolina. Of those, 69 were ratified and 28 were rejected.
