The NC Constitution of 1776
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.
Constitution of 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. In 1865, Governor William W. Holden called for a Conference to write a new Constitution; it was rejected by a popular vote. Two years later, they reconvened. The new Constitution gave more power to the people and to the governor.