A proposal of a new or revised Constitution or an amendment or amendments to this Constitution may be initiated by the General Assembly, but only if three-fifths of all the members of each house shall adopt an act submitting the proposal to the qualified voters of the State for their ratification or rejection. The proposal shall be submitted at the time and in the manner prescribed by the General Assembly. If a majority of the votes cast thereon are in favor of the proposed new or revised Constitution or constitutional amendment or amendments, it or they shall become effective January first next after ratification by the voters unless a different effective date is prescribed in the act submitting the proposal or proposals to the qualified voters.
History Note. - The provisions of this section are similar to those of Art. XIII, § 2, Const. 1868, as amended by the Convention of 1875.
Legal Periodicals. - For comment, "The States, Balanced Budgets, and Fundamental Shifts in Federalism," see 82 N.C.L. Rev. 1195 (2004).
CASE NOTES
Requirements for Constitutional Amendment. - While to amend the Constitution of the State it is necessary for the voters to approve the proposed amendment to be submitted to them, it is likewise necessary to the validity of the election that the legislature enact the proposition to amend into a statute by a three-fifths vote of each branch. Reade v. City of Durham, 173 N.C. 668, 92 S.E. 712 (1917), decided under former Art. XIII, § 2, Const. 1868, as amended. See also, Freeman v. Cook, 217 N.C. 63, 6 S.E.2d 894 (1940), decided under former Art. XIII, § 2, Const. 1868, as amended.
Date of Election. - The General Assembly, at a special session in July, 1956, could provide for the holding prior to November, 1956, of a statewide election for the ratification or rejection of constitutional amendments. See Advisory Opinion in re General Election, 244 N.C. 748, 93 S.E.2d 853 (1956), decided under former Art. XIII, G.S. 2, Const. 1868, as amended.
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