



                            CONSTITUTION OF THE STATE
                               OF NORTH CAROLINA     
                              (as amended to 1975)   

                                    PREAMBLE         

          We, the people of the  State of North Carolina, grateful  to
          Almighty God, the Sovereign  Ruler of Nations, for  the pre-
          servation of  the American  Union and  the existence  of our
          civil, political and religious liberties, and  acknowledging
          our dependence upon Him for the continuance of those  bless-
          ings to us and our posterity, do for the more certain secur-
          ity thereof and for the better government of this State, or-
          dain and establish this Constitution.

                                   ARTICLE I      

                             DECLARATION OF RIGHTS

          That the great, general and essential principles of  liberty
          and free government be recognized and established, and  that
          the relations of this State  to the Union and government  of
          the United States and those  of the people of this  State to
          the rest of the American people may be defined and affirmed,
          we do declare that:

Sec. 1.   We hold it  to be self-evident that all persons are  created
          equal; that they are  endowed by their Creator  with certain
          inalienable rights; that among these are life, liberty,  the
          enjoyment of the fruits of their own labor, and the  pursuit
          of happiness.

Sec. 2.   All political power  is vested in and derived from the  peo-
          ple; all government of right originates from the people,  is
          founded upon their will  only, and is instituted  solely for
          the good of the whole.

Sec. 3.   The people of this State have the inherent, sole, and exclu-
          sive right of regulating the internal government and  police
          thereof, and  of altering  or abolishing  their Constitution
          and form of government whenever it may be necessary to their
          safety and happiness; but every such right shall be  exerci-
          sed in pursuance of law and consistent with the Constitution
          of the United States.

Sec. 4.   This state shall ever remain a member of the American Union;
          the people thereof are part of the American nation; there is
          no right on the  part of this state  to secede; and all  at-
          tempts, from  whatever source  or upon  whatever pretext, to
          dissolve this Union  or to sever  this Nation, shall  be re-
          sisted with the whole power of the State.

Sec. 5.   Every citizen of this State owes paramount allegiance to the
          Constitution and government of the United States, and no law
          or ordinance  of the  State in  contravention or  subversion
          thereof can have any binding force.

Sec. 6.   The  legislative, executive, and supreme judicial  powers of
          the State government shall be forever separate and  distinct
          from each other.

Sec. 7.   All power of suspending laws or the execution of laws by any
          authority, without the consent of the representatives of the
          people, is injurious to their rights and shall not be  exer-
          cised.

Sec. 8.   The people of this State shall not be taxed or made  subject
          to the payment of any impost or duty without the consent  of
          themselves or their representatives in the General Assembly,
          freely given.

Sec. 9    For redress of grievances and for amending and strengthening
          the laws, elections shall be often held.

Sec. 10.  All elections shall be free.

Sec. 11.  As political rights and privileges are not dependent upon or
          modified by property, no property qualification shall affect
          the right to vote or hold office.

Sec. 12.  The people have a right to assemble together to consult  for
          their common good, to instruct their representatives, and to
          apply to the General Assembly for redress of grievances; but
          secret political societies are dangerous to the liberties of
          a free people and shall not be tolerated.

Sec. 13.  All persons have a natural and inalienable right to  worship
          Almighty God according to  the desires of their  own consci-
          ences, and no  human authority shall,  in any case  whatever
          control or interfere with the rights of conscience.

Sec. 14.  Freedom of speech and of the press are two of the great bul-
          warks of  liberty and  therefore shall  never be restrained,
          but every person shall be held responsible for their abuse.

Sec. 15.  The people have  a right to the privilege of  education, and
          it  is  the  duty  of  the  State to guard and maintain that
          right.

Sec. 16.  Retrospective  laws,  punishing  acts  committed  before the
          existence of such laws  and by them only  declared criminal,
          are oppressive, unjust,  and incompatible with  liberty, and
          therefore no  ex post  facto law  shall be  enacted.  No law
          taxing  retrospectively  sales,  purchases,  or  other  acts
          previously done shall be enacted.

Sec. 17.  Slavery is forever prohibited. Involuntary servitude, except
          as a punishment for crime whereof the parties have been  ad-
          judged guilty, is forever prohibited.

Sec. 18.  All  courts shall be open;  every person for an  injury done
          him in his lands, goods, person, or reputation shall have  a
          remedy by due course of law; and right and justice shall  be
          administered without favor, denial, or delay.

Sec. 19.  No  person shall be taken,  imprisoned, or disseized of  his
          freehold, liberties, or privileges, or outlawed, or  exiled,
          or in any manner deprived of his life, liberty, or property,
          but by the law of the  land.  No person shall be  denied the
          equal protection of the laws;  nor shall any person be  sub-
          jected  to  discrimination  by  the  State  because of race,
          color, religion, or national origin.

Sec. 20.  General warrants, whereby any officer or other person may be
          commanded to search suspected places without evidence of the
          act committed, or to seize any person or persons not  named,
          whose offense is not particularly described and supported by
          evidence, are dangerous to liberty and shall not be granted.

Sec. 21.  Every person restrained of his liberty is entitled to a rem-
          edy to inquire  into the lawfulness  thereof, and to  remove
          the restraint if unlawful, and that remedy shall not be  de-
          nied or delayed.  The privilege of the writ of habeas corpus
          shall not be suspended.

Sec. 22.  Except in misdemeanor cases initiated in the District  Court
          Division,  no  person  shall  be  put to answer any criminal
          charge but by  indictment, presentment, or  impeachment. But
          any person,  when represented  by counsel,  may, under  such
          regulations as the  General Assembly shall  prescribe, waive
          indictment in noncapital cases.

Sec. 23.  In all  criminal prosecutions,  every  person  charged  with
          crime has the right to be informed of the accusation and  to
          confront the  accusers and  witnesses with  other testimony,
          and to  have counsel  for defense,  and not  be compelled to
          give  self  incriminating  evidence,  or  to pay costs, jail
          fees, or necessary witness fees of the defense, unless found
          guilty.

Sec. 24.  No person shall be convicted of any crime but by the  unani-
          mous verdict of a jury  in open court. The General  Assembly
          may, however, provide  for other means  of trial for  misde-
          meanors, with the right of appeal for trial de novo.

Sec. 25.  In all controversies at law respecting property, the ancient
          mode of trial by jury is  one of the best securities of  the
          rights of the people, and shall remain sacred and inviolate.

Sec. 26.  No person shall be excluded from jury service on account  of
          sex, race, color, religion, or national origin.

Sec. 27.  Excessive bail  shall  not be required,  nor excessive fines
          imposed, nor cruel or unusual punishments inflicted.

Sec. 28.  There shall be  no imprisonment for debt in this  State, ex-
          cept in cases of fraud.

Sec. 29.  Treason against the State shall consist only of levying  war
          against it or adhering to its enemies by giving them aid and
          comfort.  No person shall be convicted of treason unless  on
          the testimony of two witnesses to the same overt act, or  on
          confession in open court.   No conviction of treason or  at-
          tainder shall work corruption of blood or forfeiture.

Sec. 30.  A well regulated militia being necessary to the security  of
          a free state, the right of the people to keep and bear  arms
          shall not be infringed; and,  as standing armies in time  of
          peace are dangerous to liberty, they shall not be  maintain-
          ed, and the military  shall be kept under  strict subordina-
          tion to, and governed by,  the civil power.  Nothing  herein
          shall justify the practice of carrying concealed weapons, or
          prevent the General  Assembly from enacting  statues against
          that practice.

Sec. 31.  No soldier shall in time of peace be quartered in any  house
          without the consent of the owner, nor in time of war but  in
          a manner prescribed by law.

Sec. 32.  No person or set of persons is entitled to exclusive  emolu-
          ments or privileges from the community but in  consideration
          of public service.

Sec. 33.  No hereditary  emoluments,  privileges,  or honors  shall be
          granted or conferred in this State.

Sec. 34.  Perpetuities and monopolies are contrary to the genius of  a
          free state and shall not be allowed.

Sec. 35.  A frequent recurrence to fundamental principles is absolute-
          ly necessary to preserve the blessings of liberty.

Sec. 36.  The enumeration of rights in this Article shall not be  con-
          strued to impair or deny others retained by the people.



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