North Carolina Constitution Article I, Declaration of Rights
Here is a summary of Article I – Declaration of Rights from the North Carolina Constitution:
North Carolina Constitution – Article I: Declaration of Rights
This article outlines the fundamental rights and liberties guaranteed to all people in North Carolina. It serves as the state’s equivalent to the U.S. Bill of Rights.
Sections Summary:
Section 1 – The equality and rights of persons.
All persons are created equal and have inalienable rights including life, liberty, the enjoyment of the fruits of their labor, and the pursuit of happiness.
Section 2 – Sovereignty of the people.
All political power resides with the people; government is for their benefit and they have the right to alter or abolish it.
Section 3 – Internal government of the State.
North Carolina is a free and independent state, subject only to the Constitution of the United States.
Section 4 – Allegiance to the United States.
No person shall hold any office unless they support the Constitution of the U.S.; rebellion or aiding enemies disqualifies individuals from office.
Section 5 – Criminal prosecutions.
In all criminal prosecutions, the accused has the right to a speedy trial, to be informed of charges, to confront witnesses, and to legal counsel.
Section 6 – Courts shall be open.
Courts shall be open to all, and justice shall be administered without favoritism, denial, or delay.
Section 7 – Freedom of speech and of the press.
Freedom of speech and the press is guaranteed.
Section 8 – Assembly and petition.
People have the right to peacefully assemble and petition the government.
Section 9 – Searches and seizures.
Protects against unreasonable searches and seizures; warrants must be based on probable cause.
Section 10 – Criminal indictments.
No person shall be tried for a felony except on a grand jury indictment unless waived.
Section 11 – Rights of the accused.
No person shall be compelled to self-incriminate or be twice put in jeopardy for the same offense.
Section 12 – Freedom of religion.
All persons have a natural and inalienable right to worship according to their own conscience.
Section 13 – Religious liberty.
No person shall be disqualified from holding office based on religious beliefs.
Section 14 – Freedom of speech and of the press.
Reaffirms the protections for speech and press (note: overlaps with Section 7).
Section 15 – Education.
The people have the right to the privilege of education, and it shall be encouraged by the State.
Section 16 – Ex post facto laws.
Prohibits ex post facto laws and laws impairing contracts.
Section 17 – Slavery and involuntary servitude.
Slavery is prohibited except as punishment for a crime.
Section 18 – Penal laws.
No cruel or unusual punishment; penalties must be proportionate to offenses.
Section 19 – Law of the land; equal protection of the laws.
No person shall be deprived of life, liberty, or property except by law; guarantees equal protection under the law.
Section 20 – Right of assembly and petition.
Reaffirms the right to petition and assemble (similar to Section 8).
Section 21 – Right to bear arms.
The people have a right to bear arms for defense, but the General Assembly may regulate concealed weapons.
Section 22 – Property qualifications.
Property ownership shall not be required to vote or hold office.
Section 23 – Rights of children.
Children have rights and special protection by the state.
Section 24 – Imprisonment for debt.
No imprisonment for debt unless there is fraud.
Section 25 – Military power subordinate.
Military power must be subordinate to civil authority.
Section 26 – Monopolies.
Monopolies are contrary to the genius of a free state and are not allowed.
Section 27 – Bail, fines, and punishments.
Excessive bail or fines, and cruel or unusual punishment, are prohibited.
Section 28 – Treason against the State.
Defines treason and requires testimony of two witnesses or confession in open court for conviction.
Section 29 – Hereditary privileges.
No titles of nobility or hereditary privileges are permitted.
Section 30 – Perpetuities and monopolies.
Perpetuities and monopolies are contrary to a free state.
Section 31 – Other rights of the people.
The listing of rights in this Article shall not be construed to deny others retained by the people.
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