State constitution
Constitution of North Carolina
Data from NC General Assembly
Full article/section structure (Articles I–XIV) with condensed section text. Read the verbatim text at the source link.
Article I Declaration of Rights
§ 1 The equality and rights of persons
All persons are created equal and endowed with inalienable rights: life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.
§ 2 Sovereignty of the people
All political power is vested in and derived from the people; all government of right originates from the people and is founded upon their will only.
§ 3 Internal government of the State
The people have the inherent, sole, and exclusive right of regulating the internal government and police of the State.
§ 4 Secession prohibited
This State shall ever remain a member of the American Union; there is no right on the part of the State to secede.
§ 5 Allegiance to the United States
Every citizen owes paramount allegiance to the Constitution and government of the United States.
§ 6 Separation of powers
The legislative, executive, and supreme judicial powers of State government shall be forever separate and distinct.
§ 7 Suspending laws
All power of suspending laws or their execution by any authority without the consent of the representatives of the people is injurious to their rights and shall not be exercised.
§ 8 Representation and taxation
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.
§ 9 Frequent elections
For redress of grievances and for amending and strengthening the laws, elections shall be often held.
§ 10 Free elections
All elections shall be free.
§ 11 Property qualifications
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.
§ 12 Right of assembly and petition
The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the government for redress of grievances; secret political societies are dangerous and shall not be tolerated.
§ 13 Religious liberty
All persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall control or interfere with the rights of conscience.
§ 14 Freedom of speech and press
Freedom of speech and of the press are two of the great bulwarks of liberty and shall never be restrained, but every person shall be held responsible for their abuse.
§ 15 Education
The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.
§ 16 Ex post facto laws
Retrospective laws punishing acts committed before their existence are oppressive, unjust, and incompatible with liberty, and no ex post facto law shall be enacted.
§ 17 Slavery and involuntary servitude
Slavery is forever prohibited, and involuntary servitude, except as punishment for crime whereof the parties have been adjudged guilty, is forever prohibited.
§ 18 Courts shall be open
All courts shall be open; every person for an injury done shall have remedy by due course of law, and right and justice shall be administered without favor, denial, or delay.
§ 19 Law of the land; equal protection of the laws
No person shall be deprived of life, liberty, or property but by the law of the land; no person shall be denied the equal protection of the laws, nor discriminated against on account of race, color, religion, or national origin.
§ 20 General warrants
General warrants, unsupported by evidence and not particularly describing the place or person, are dangerous to liberty and shall not be granted.
§ 21 Inquiry into restraints on liberty
Every person restrained of liberty is entitled to a remedy to inquire into the lawfulness thereof and to remove the restraint if unlawful; the privilege of habeas corpus shall not be suspended.
§ 22 Modes of prosecution
No person shall be put to answer any criminal charge but by indictment, presentment, or impeachment, subject to permitted waivers and misdemeanor procedures.
§ 23 Rights of accused
In criminal prosecutions the accused has the right to be informed of the accusation, to confront accusers and witnesses, to have counsel, and not to be compelled to give self-incriminating evidence or be denied life, liberty, or property except by law of the land.
§ 24 Right of jury trial in criminal cases
No person shall be convicted of any crime but by the unanimous verdict of a jury in open court, subject to permitted waivers in noncapital cases.
§ 25 Right of jury trial in civil cases
In controversies at law respecting property, the ancient mode of trial by jury is sacred and inviolable and shall remain.
§ 26 Jury service
No person shall be excluded from jury service on account of sex, race, color, religion, or national origin.
§ 27 Bail, fines, and punishments
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.
§ 28 Imprisonment for debt
There shall be no imprisonment for debt in this State, except in cases of fraud.
§ 29 Treason against the State
Treason against the State consists only in levying war against it or adhering to its enemies; conviction requires two witnesses to the same overt act or confession in open court.
§ 30 Militia and the right to bear arms
A well-regulated militia is necessary to the security of a free State, and the right of the people to keep and bear arms shall not be infringed; standing armies in peace are dangerous and the military shall be subordinate to civil power.
§ 31 Quartering of soldiers
No soldier shall in time of peace be quartered in any house without the owner's consent, nor in war but as prescribed by law.
§ 32 Exclusive emoluments
No person or set of persons is entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services.
§ 33 Hereditary emoluments and honors
No hereditary emoluments, privileges, or honors shall be granted or conferred in this State.
§ 34 Perpetuities and monopolies
Perpetuities and monopolies are contrary to the genius of a free state and shall not be allowed.
§ 35 Recurrence to fundamental principles
A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.
§ 36 Other rights of the people
The enumeration of rights in this Article shall not be construed to impair or deny others retained by the people.
§ 37 Rights of victims of crime
Victims of crime are entitled to enumerated rights, including to be informed of and present at proceedings and to be heard, as prescribed by law.
§ 38 Right to hunt, fish, and harvest wildlife
The right of the people to hunt, fish, and harvest wildlife is a valued part of the State's heritage and shall be forever preserved, subject to laws promoting wildlife conservation and management.
Article II Legislative
§ 1 Legislative power
The legislative power of the State is vested in the General Assembly, consisting of a Senate and a House of Representatives.
§ 2 Number of Senators
The Senate consists of 50 Senators, apportioned among districts by the General Assembly.
§ 3 Senate districts; apportionment of Senators
The General Assembly revises Senate districts and apportions Senators among them after each federal census, following stated rules on population, contiguity, and county lines.
§ 4 Number of Representatives
The House of Representatives consists of 120 Representatives, apportioned among districts by the General Assembly.
§ 5 Representative districts; apportionment of Representatives
The General Assembly revises House districts and apportions Representatives after each federal census, following stated rules.
§ 6 Qualifications for Senator
A Senator must be a qualified voter, at least 25 years old, and a resident of the State for two years and of the district for one year before election.
§ 7 Qualifications for Representative
A Representative must be a qualified voter and a resident of the district for one year before election.
§ 8 Elections
Members of the General Assembly are elected at the general election in even-numbered years.
§ 9 Term of office
Senators and Representatives serve two-year terms beginning on January 1 next after their election.
§ 10 Vacancies
Vacancies in either house are filled as prescribed by law.
§ 11 Sessions
The General Assembly meets in regular session; the times and manner of sessions are as prescribed.
§ 12 Oath of members
Each member takes an oath to support the Constitutions of the United States and the State and to faithfully discharge their duties.
§ 13 President of the Senate
The Lieutenant Governor is President of the Senate but votes only to break a tie.
§ 14 Other officers of the Senate
The Senate elects a President Pro Tempore and its other officers.
§ 15 Officers of the House of Representatives
The House elects a Speaker and its other officers.
§ 16 Compensation and allowances
Members receive compensation and allowances fixed by law.
§ 17 Journals
Each house keeps a journal of its proceedings and publishes it.
§ 18 Protests
Any member may dissent from and protest against any act or resolve, and have the reasons entered on the journal.
§ 19 Record votes
On the final reading of any bill, and on other questions at the request of members, the yeas and nays are recorded in the journal.
§ 20 Powers of the General Assembly
Each house may determine its rules, judge the qualifications and elections of its members, punish or expel members, and compel attendance.
§ 21 Style of the acts
The style of the acts is: 'The General Assembly of North Carolina enacts.'
§ 22 Action on bills
A bill must be read three times in each house and passed three readings, and be signed by the presiding officers, before it becomes law.
§ 23 Revenue bills
No law levying taxes is valid unless read three times on three different days in each house and passed by record vote.
§ 24 Limitations on local, private, and special legislation
The General Assembly shall not enact local, private, or special legislation on enumerated subjects (such as health, trade, and nonnavigable streams).
Article III Executive
§ 1 Executive power
The executive power of the State is vested in the Governor.
§ 2 Governor and Lieutenant Governor: election, term, and qualifications
The Governor and Lieutenant Governor are elected to four-year terms; each must be at least 30, a citizen for five years, and a State resident for two years, and may serve no more than two consecutive terms.
§ 3 Succession to office of Governor
The Lieutenant Governor succeeds to the office of Governor on death, resignation, or removal, with further lines of succession prescribed for disability.
§ 4 Oath of office for Governor
The Governor takes an oath to support the Constitutions and to perform the duties of the office faithfully.
§ 5 Duties of Governor
The Governor takes care that the laws are faithfully executed; prepares and recommends the budget; may grant reprieves, commutations, and pardons; is Commander in Chief; and exercises other stated powers.
§ 6 Duties of the Lieutenant Governor
The Lieutenant Governor is President of the Senate and performs other duties prescribed by law.
§ 7 Other elective officers
The Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance are elected to four-year terms.
§ 8 Council of State
The Council of State consists of the elected executive officers named in this Article.
§ 9 Compensation and allowances
Elective executive officers receive compensation and allowances fixed by law, not reduced during their terms.
§ 10 Seal of State
The Governor keeps and uses the Great Seal of the State as directed by law.
§ 11 Administrative departments
State administrative agencies are allocated among not more than 25 principal departments, organized by law.
Article IV Judicial
§ 1 Judicial power
The judicial power of the State is vested in a Court for the Trial of Impeachments and in a General Court of Justice; the General Assembly shall not deprive the judicial department of the power to determine questions properly judicial.
§ 2 General Court of Justice
The General Court of Justice is a unified judicial system consisting of an Appellate Division, a Superior Court Division, and a District Court Division.
§ 3 Judicial powers of administrative agencies
The General Assembly may vest in administrative agencies quasi-judicial powers reasonably necessary to their functions, with a right of review by the courts.
§ 4 Court for the Trial of Impeachments
The House of Representatives impeaches by majority vote; impeachments are tried by the Senate, presided over by the Chief Justice, and conviction requires two-thirds of the Senators present.
§ 5 Appellate division
The Appellate Division consists of the Supreme Court and the Court of Appeals.
§ 6 Supreme Court
The Supreme Court consists of a Chief Justice and associate Justices as prescribed, and sits as one body to hear appeals.
§ 7 Court of Appeals
The Court of Appeals sits in panels as prescribed to hear appeals, with its jurisdiction set by law.
§ 8 Retirement of Justices and Judges
The General Assembly provides for the retirement of Justices and Judges, and no Justice or Judge may serve after a mandatory retirement age set by law.
§ 9 Superior Courts
The State is divided into superior court districts, each with one or more resident Superior Court Judges.
§ 10 District Courts
The State is divided into district court districts, each with District Court Judges as prescribed.
§ 11 Assignment of Judges
The Chief Justice assigns Superior Court Judges to hold court in the districts, and the Chief District Judge assigns District Court Judges.
§ 12 Jurisdiction of the General Court of Justice
The General Assembly allocates original and appellate jurisdiction among the divisions and courts of the General Court of Justice.
§ 13 Forms of action; rules of procedure
There is one form of civil action; the Supreme Court makes rules of practice and procedure for the courts.
§ 14 Waiver of jury trial
The General Assembly provides for waiver of jury trial in civil cases where both parties consent.
§ 15 Administration
The General Assembly provides for a Director of the Administrative Office of the Courts to carry out the Chief Justice's administrative policies.
§ 16 Terms of office and election of Justices and Judges
Justices and Judges are elected by the people; their terms are eight years (Appellate and Superior) or four years (District).
§ 17 Removal of Judges, Magistrates and Clerks
Judges may be removed for misconduct or disability by procedures including the Judicial Standards Commission and the Supreme Court; magistrates and clerks are removable as prescribed.
§ 18 District Attorney and Prosecutorial Districts
A District Attorney is elected in each prosecutorial district for a four-year term and prosecutes criminal actions.
§ 19 Vacancies
Vacancies in elective judicial offices are filled by gubernatorial appointment until the next election, as prescribed.
§ 20 Revenues and expenses of the judicial department
The costs, fees, and revenues of the judicial department, and its expenses, are provided for by the General Assembly.
§ 21 Fees, salaries, and emoluments
Justices, Judges, and other officers of the courts receive compensation fixed by law and not diminished during their terms.
§ 22 Qualification of Justices and Judges
Only persons duly authorized to practice law in the State are eligible for election or appointment as a Justice or Judge.
Article V Finance
§ 1 No capitation tax to be levied
No poll or capitation tax shall be levied by the State or by any county, city, or other unit of local government.
§ 2 State and local taxation
The power of taxation is exercised for public purposes only; taxes on property must be levied uniformly on classifications set by general law, with permitted exemptions and classifications.
§ 3 Limitations upon the increase of State debt
The State may contract debt only within stated categories, and debt secured by the faith and credit of the State generally requires voter approval.
§ 4 Limitations upon the increase of local government debt
Local governments may incur debt secured by their faith and credit only with voter approval, subject to stated exceptions.
§ 5 Acts levying taxes to state objects
Every act levying a tax shall state the object to which it is applied, and the tax shall be applied to no other.
§ 6 Inviolability of sinking funds and retirement funds
Sinking funds and public retirement system funds are held in trust and may not be diverted to other purposes.
§ 7 Drawing public money
No money shall be drawn from the State treasury but in consequence of appropriations made by law, with a published account.
§ 8 Health care facilities
The General Assembly may authorize financing for the construction of health care facilities, including through revenue bonds.
§ 9 Capital projects for industry
The State and local governments may finance industrial and pollution-control capital projects, including through revenue bonds, without pledging public credit.
§ 10 Joint ownership of generation and transmission facilities
Cities and joint agencies may own and finance electric generation and transmission facilities as authorized.
§ 11 Capital projects for agriculture
The State and local governments may finance agricultural capital projects, including through revenue bonds.
§ 12 Higher Education Facilities
The General Assembly may authorize financing for higher-education facilities, including through revenue bonds.
§ 13 Seaport and airport facilities
The State and local governments may finance seaport and airport facilities, including through revenue bonds.
§ 14 Project development financing
The General Assembly may authorize local governments to use project development (tax-increment) financing for public improvements in development-financing districts.
Article VI Suffrage and Eligibility to Office
§ 1 Who may vote
Every person born in the United States or naturalized, 18 or older, and possessing the stated qualifications is entitled to vote, subject to disqualification for felony conviction not restored.
§ 2 Qualifications of voter
A voter must reside in the State and in the precinct or district as prescribed, and be registered; no literacy or property test may be applied except as this Article allows.
§ 3 Registration; voting in person
Voters must register before voting as prescribed by law, and photo identification may be required to vote in person.
§ 4 Qualification for registration
A person disqualified by conviction of a felony may not register or vote unless restored to citizenship rights.
§ 5 Elections by people and General Assembly
All elections by the people are by ballot, and all elections by the General Assembly are viva voce.
§ 6 Eligibility to elective office
Every qualified voter is eligible to elective office except as otherwise provided in the Constitution.
§ 7 Oath
Before entering office, each officer takes an oath to support the Constitutions and to faithfully perform the duties of the office.
§ 8 Disqualifications for office
Persons denying the being of Almighty God, non-residents ineligible to vote, and those convicted of enumerated crimes are disqualified from office as stated.
§ 9 Dual office holding
No person shall hold more than one lucrative office at the same time, subject to stated exceptions.
§ 10 Continuation in office
An officer continues in office until a successor is chosen and qualified.
Article VII Local Government
§ 1 General Assembly to provide for local government
The General Assembly provides for the organization and government of counties, cities, and other units, and may give them powers of local self-government.
§ 2 Sheriffs
In each county a Sheriff is elected by the people for a four-year term.
§ 3 Merged or consolidated counties
The General Assembly may provide for the merger or consolidation of counties and for county-city consolidation.
Article VIII Corporations
§ 1 Corporate charters
Corporations are formed under general laws; no corporation is created, nor its charter extended, altered, or amended, by special act, except as stated.
§ 2 Corporations defined
The term 'corporation' includes joint-stock companies and associations having powers not possessed by individuals or partnerships, but excludes municipal corporations unless the context otherwise requires.
Article IX Education
§ 1 Education encouraged
Religion, morality, and knowledge being necessary to good government, schools, libraries, and the means of education shall forever be encouraged.
§ 2 Uniform system of schools
The General Assembly provides for a general and uniform system of free public schools open to all children, and may require local financial support.
§ 3 School attendance
The General Assembly provides for compulsory school attendance of children of appropriate age.
§ 4 State Board of Education
The State Board of Education consists of the Lieutenant Governor, Treasurer, and appointed members, and supervises the public school system.
§ 5 Powers and duties of Board
The State Board of Education supervises and administers the free public school system and the educational funds provided for its support.
§ 6 State school fund
The proceeds of enumerated sources are set apart as a State fund for the exclusive maintenance of the free public schools.
§ 7 County school fund
The clear proceeds of penalties, forfeitures, and fines collected in a county belong to and remain in that county for maintaining the free public schools.
§ 8 Higher education
The General Assembly maintains a public system of higher education, including The University of North Carolina and the other public institutions.
§ 9 Benefits of public institutions
The benefits of the University and other public institutions of higher education shall, as far as practicable, be extended to the people of the State free of expense.
§ 10 Escheats
The clear proceeds of all property that accrues to the State by escheat are used to aid worthy and needy students attending the State's institutions of higher education.
Article X Homesteads and Exemptions
§ 1 Personal property exemptions
The personal property of any resident, to a value fixed by the General Assembly but not less than $500, is exempt from sale for the collection of debts.
§ 2 Homestead exemptions
Each resident's homestead, to a value fixed by the General Assembly, is exempt from sale for debts, with exceptions for taxes and purchase-money obligations, and protections for the surviving spouse and children.
§ 3 Mechanics' and laborers' liens
The General Assembly provides mechanics and laborers adequate liens for their labor, with such liens taking precedence over the exemptions.
§ 4 Property of married women secured to them
The real and personal property of a woman acquired before or after marriage remains her separate property, subject to conveyance rules set by law.
§ 5 Insurance
A person may insure their own life for the benefit of a spouse or children, and the proceeds are protected from the creditors of the insured.
Article XI Punishments, Corrections, and Charities
§ 1 Punishments
The permissible punishments are death, imprisonment, fines, removal from office, and disqualification to hold office; other cruel or unusual punishments are prohibited.
§ 2 Death punishment
The object of punishments being reformation and prevention of crime, the death penalty applies only to crimes so designated by the General Assembly.
§ 3 Charitable and correctional institutions and agencies
The General Assembly may provide for charitable, benevolent, penal, and correctional institutions and agencies as the public good requires.
§ 4 Welfare policy; board of public welfare
Beneficent provision for the poor, unfortunate, and orphan is a duty of the State; the General Assembly provides for and regulates public welfare institutions and agencies.
Article XII Military Forces
§ 1 Governor is Commander in Chief
The Governor is Commander in Chief of the military forces of the State and may call them out to execute the law, suppress riots and insurrections, and repel invasion.
Article XIII Conventions; Constitutional Amendment and Revision
§ 1 Convention of the People
No convention of the people shall be called by the General Assembly unless two-thirds of all members of each house agree and the proposal is approved by the voters.
§ 2 Power to revise or amend Constitution reserved to people
The people reserve the power to amend and revise this Constitution, exercisable only by the methods this Article prescribes.
§ 3 Revision or amendment by Convention of the People
A convention may propose new or revised constitutional provisions, which take effect only when approved by a majority of the voters.
§ 4 Revision or amendment by legislative initiation
The General Assembly, by three-fifths of all members of each house, may propose amendments, which take effect only when approved by a majority of the voters.
Article XIV Miscellaneous
§ 1 Seat of government
The permanent seat of government of the State is at the City of Raleigh.
§ 2 State boundaries
The limits and boundaries of the State remain as they are now established.
§ 3 General laws defined
Whenever the Constitution requires a general law, that law must be uniform throughout the State and apply to all persons, subjects, or places within a proper class.
§ 4 Continuity of laws; protection of office holders
All laws in force at the adoption of this Constitution remain in force until altered, and officers continue in office until their successors are qualified.
§ 5 Conservation of natural resources
It is the policy of the State to conserve and protect its lands and waters, scenic and historic areas, and natural resources for the benefit of all the people.
§ 6 Marriage
Marriage between one man and one woman is the only domestic legal union valid or recognized in this State (a provision held unenforceable under federal constitutional law).
Full, verbatim text at NC General Assembly