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- 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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