The superintendent of public works was soon abolished, additional elective offices were later added, and the governor was made a formal member of the council.
[1][2] One member served as president of the council, and could take charge of the colony if the governor or their deputy were unable to exercise their duties.
In practice, many councilors held other government offices and often competed with the governor and the lower house of the legislature for authority.
[2] As a body, the council held great influence over the content of executive decrees, the dispensation of patronage, and the awarding of land grants.
[4] The council consisted of seven persons selected by both houses of the North Carolina General Assembly in a joint vote for a one-year term.
[1] The first council was elected by the constitutional convention in December 1776 and took office the following year, serving until they were replaced by the General Assembly's choices.
Under the constitution, the governor called and presided over the council's meetings and the attorney general served as its legal advisor, but neither were formally members of it.
[11] In 1987, Governor James G. Martin sued the other members of the Council of State during a dispute over securing a leasing agreement for government office space.
The North Carolina Supreme Court ruled that the Council of State could block decisions of the governor, but it could not take positive action on its own accord.
[16] Jessica Holmes was the first black woman to serve on the council, having been appointed state auditor to fill a vacancy in 2023.
[29] The Constitution of North Carolina assigns minimal duties to the Council of State; per Article III, Section 3, it may call the General Assembly into an extraordinary session to consider the governor's mental capacity, and, per Article III, Section 5, the governor must consult it before they call the assembly into an extraordinary session.