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. ************************ END ***********************