5th Period North Carolina Declaration of Rights
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Dec 6, 2023
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North Carolina Declaration of Rights
Directions:
Find the appropriate section of the document for your group and go through your sections, summarize what
rights are given to North Carolinians throughout your section and explain how each right in your section impacts you
specifically. In addition, compare and contrast the rights granted in your section with the rights granted to Americans in
the Bill of Rights or other founding documents- be sure to reference the specific amendment and/or document.
ARTICLE I ~ DECLARATION
OF RIGHTS
That the great, general, and essential principles of liberty and free government may 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:
Group 1: Andrew, Mackenzie, Patrick, Wyatt
Section 1. The equality and rights of persons.
- PR
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.
●
Explain the specific rights granted to the people in this section.
This section says that anyone has “inalienable rights” that essentially include their right to liberty and
freedom to enjoy their life and rewards from the labor and contributions given to their country. These
rights are further explained in the next sections.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
The Bill of Rights, being the first ten amendments, goes over some of people’s rights, like this section, but
this section does not specifically talk about the rights mentioned in the Bill of Rights.
Sec. 2. Sovereignty of the people. -
WS
All political power is vested in and derived from the people; all government of right originates from the people, is
founded upon their will only, and is instituted solely for the good of the whole.
●
Explain the specific rights granted to the people in this section.
The specific rights granted to the people in this section is having the authority over politics. So the people
dominate the supreme authority because of the amount of people.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This doesn't compare with the U.S bill of rights but it is similar to the 11th amendment. It’s compared to
the founding document, The declaration of independence.
Sec. 3. Internal government of the State. -
PR
The people of this State have the inherent, sole, and exclusive 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 exercised in pursuance of law and consistently with the Constitution
of the United States.
●
Explain the specific rights granted to the people in this section.
As long as it is in line with the Constitution and done within the law, the people have the right to change or
abolish the government or constitution. They also are to regulate and maintain the government and police.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
The Bill of Rights does not mention this within its ten amendments. This is also not an amendment in the
constitution.
Sec. 4. Secession prohibited.
- MS
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 attempts, from whatever source or upon whatever pretext, to
dissolve this Union or to sever this Nation, shall be resisted with the whole power of the State.
●
Explain the specific rights granted to the people in this section.
The rights granted to the people in this section
are that the people are a part of the American union and any attempt to break that union will be stopped
by the whole power of the state.
●
How does this compare with the
U.S. Bill of Rights and/or other founding documents?
This is similar to the Bill
of rights because it covers the effects and results of treason against the US Union.
Sec. 5. Allegiance to the United States.
- MS
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.
●
Explain the specific rights granted to the people in this section.
This grants rights to the people by binding
them to the constitution and the laws and rights it withholds.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This compares to the bill
of rights because it goes over some of the same topics and overall rights
Sec. 6. Separation of powers.
Andrew
The legislative, executive, and supreme judicial powers of the State government shall be forever separate and distinct
from each other.
●
Explain the specific rights granted to the people in this section.
The people are given rights to a fair trial, freedom of the press, and religion.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
It grants the rights to the people, and how they should be treated fairly.
Group 2: Madison,Jamie,Zoey,Arturo
Sec. 7. Suspending laws.
Zoey
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 exercised.
●
Explain the specific rights granted to the people in this section.
In this section, the specific rights granted to the people are the peoples representatives protect them from
suspended laws or executions of laws. As a result, unless their representatives agree, they are exempt from
going through these changes.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This compares since the U.S. constitution states that a law may only be carried out or postponed with the consent
of a specific number of state representatives.
Sec. 8. Representation and taxation.
Madison
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.
●
Explain the specific rights granted to the people in this section.
The people of the state will not be taxed or have to make a payment of anything without their consent.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
The way it relates to the U.S constitution is how the citizens have to pay federal taxes, and in the N.C one
you do not.
Sec. 9. Frequent elections.
Jamie
For redress of grievances and for amending and strengthening the laws, elections shall be often held.
●
Explain the specific rights granted to the people in this section.
There’ll be frequent elections held in the state
for office positions.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
Not a single Amendment
in the U.S. Bill of Rights talks about frequent elections for office positions. However, the Constitution does
say that state legislatures can determine the timing of elections for Senators and Representatives.
Sec. 10. Free elections.
Arturo
All elections shall be free.
●
Explain the specific rights granted to the people in this section.
That your rights to vote are free and that it is
also fair so it's made so that it encourages more people to vote.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This basically is saying
that even if you don’t pay a poll tax you may still cast a vote so there are less restrictions
Sec. 11. Property qualifications.
Arturo
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.
●
Explain the specific rights granted to the people in this section.
That you do not need a large amount of any
amount of land in order to be able to vote.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
The US constitution has
very little similar but what i found is that you have to be 18 years of age to vote but you don't need land
Sec. 12. Right of assembly and petition.
Arturo
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.
●
Explain the specific rights granted to the people in this section.
The right is that you can talk about your
political opinion for the common good and also get together to fix any complications that may occur
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
They have laws in
common about how people can get together and change things for the benefit of the people
Sec. 13. Religious liberty.
Zoey
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
●
Explain the specific rights granted to the people in this section.
The specific rights granted to the people in this section is the freedom to worship and pray to god without
having others’ opinions or actions in any way influence them.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This compares with the U.S. Bill of rights because the laws regarding public gatherings are similar constitution.
“Congress shall pass no laws abridging the freedom of the people assemble,” The U.S. Constitution states.
Sec. 14. Freedom of speech and press.Madison
Freedom of speech and of the press are two of the great bulwarks of liberty and therefore shall never be restrained, but
every person shall be held responsible for their abuse.
●
Explain the specific rights granted to the people in this section.
This is the right of freedom of speech, but people shall be punished for the negative things they say.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This release to the first amendment in the Bill of rights, the first amendment is the freedom of speech.w
Sec. 15. Education.
Jamie
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The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.
●
Explain the specific rights granted to the people in this section.
Citizens of the state have the right to public
education and the state is required to uphold/maintain that right.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
In the U.S. Bill of Rights
it doesn’t mention anything about the right to education.
Group 3: Cody L, Tyler, Grayson, Rowan
Sec. 16. Ex post facto laws.
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.
●
Explain the specific rights granted to the people in this section.
The specific right granted to the people in this section is that they cannot be punished for a crime if the law that makes it
a crime comes after the crime was committed. It also says that people cannot be taxed by new taxes on things involving
money that have already happened.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This compares with the U.S. constitution because Article 1 section 9 says that ex post facto laws are not allowed.
Sec. 17. Slavery and involuntary servitude.
Slavery is forever prohibited. Involuntary servitude, except as a punishment for crime whereof the parties have been
adjudged guilty, is forever prohibited.
●
Explain the specific rights granted to the people in this section.
The specific right given here is that involuntary servitude is not allowed unless the person has committed a crime
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This is connected to the U.S bill of rights because of the 13 amendment.
Sec. 18. Court shall be open.
All courts shall be open; every person for an injury done him in his lands, goods, person, or reputation shall have remedy
by due course of law; and right and justice shall be administered without favor, denial, or delay.
●
Explain the specific rights granted to the people in this section.
The right that is specifically granted to the people is that if someone gets hurt, even if it is their reputation or physically,
they have the right to go to court and without delay(pushed off), denial(refusing), or favor(acting kinder than usual to
that person).
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This is connected to the U.S constitution by the 5th amendment.
Sec. 19. Law of the land; equal protection of the laws.
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 subjected to discrimination by the State because of race, color, religion, or
national origin.
●
Explain the specific rights granted to the people in this section.
Every person has the right of equal protection
and there shall be no discrimination of color, race, relgiion, or national origin.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This compares to the 14th amendment with its equal protection rights
Sec. 20. General warrants.
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.
●
Explain the specific rights granted to the people in this section.
Officers can not search people without evidence
of the act committed or a search warrant. It also can not seize any person or persons not named in the
search that isn’t described.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This goes along with the fifth amendment and its protection against search and seizure
Sec. 21. Inquiry into restraints on liberty.
Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the
restraint if unlawful, and that remedy shall not be denied or delayed. The privilege of the writ of habeas corpus shall not
be suspended.
●
Explain the specific rights granted to the people in this section.
Every person that is restrained of his liberty is
entitled to have a remedy and to remove the restraint if it is unlawful and that the remedy shall not be
denied or delayed. It also shall not be suspended.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This goes with the first amendments and the rights to liberty
Sec. 22. Modes of prosecution.
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.
●
Explain the specific rights granted to the people in this section.
People can’t be prosecuted unless they have a
formal written accusation against them.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
It is very similar to the
fifth Amendment.
Group 4:
Makai , Blake, Cody Y, Isabella
Sec. 23. Rights of accused. -
Blake Brown
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.
●
Explain the specific rights granted to the people in this section.
-The person has the right to defend oneself from accusations placed and must be informed on the accusations.
The person can self incriminate themselves for anything.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
-Amendment 6 says that a person has the right to a speedy trial and a fair trial.
Sec. 24. Right of jury trial in criminal cases.
-Cody
No person shall be convicted of any crime but by the unanimous verdict of a jury in open court. The General Assembly
may, however, provide for other means of trial for misdemeanors, with the right of appeal for trial de novo.
●
Explain the specific rights granted to the people in this section.
This section gives people the right to have a jury who will decide whether or not they’re guilty.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
The U.S. Bill of Rights specifically mentions that someone may not have a right to a jury in cases arising in the land or
naval forces or or in active Militia. It also mentions that they will have a right to a jury in the district that the crime was
committed.
Sec. 25. Right of jury trial in civil cases.
-Cody
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 inviolable.
●
Explain the specific rights granted to the people in this section.
This section essentially says that the right to a trial by jury is a good way to secure people’s rights and it shall not be
violated or messed with.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
The ninth amendment states that the right of trial by jury shall be preserved and no decision made by the jury shall be re-
examined by another court.
Sec. 26. Jury service.
-Makai
No person shall be excluded from jury service on account of sex, race, color, religion, or national origin.
●
Explain the specific rights granted to the people in this section.
Nobody can be excluded from jury not matter the sex,race,color,religion, or national orgin.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This compares with the U.S. bill of rights by the 1st amendment.
Sec. 27. Bail, fines, and punishments. -Blake Brown
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.
●
Explain the specific rights granted to the people in this section.
-Constant bail and excessive fines shall not be had, nor unusual or cruel punishments.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
-
Amendment 8 because it talks about how cruel and unusual punishment is forbidden.
Sec. 28. Imprisonment for debt.
Isabella
There shall be no imprisonment for debt in this State, except in cases of fraud.
●
Explain the specific rights granted to the people in this section.
In this section it says you can’t go to prison for a
debt unless it’s counted as frud.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
This is compared because
the bill of rights says you can’t go to prison and also lists why you can’t go to
prison.
Sec. 29. Treason against the State.
Isabella
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 attainder shall work corruption of blood or forfeiture.
●
Explain the specific rights granted to the people in this section.
In this section it say no one can be accused of
treason unless thier are two poeple say that you had done somthing aginst the state.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
It makes sure that the
people that are accused of treason have the right to explain what they did and if it was treason or not to the state
officials.
Group 5:
Sec. 30. Militia and the right to bear arms.
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 maintained, and the
military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the
practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that
practice.
●
Explain the specific rights granted to the people in this section.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
Sec. 31. Quartering of soldiers.
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
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manner prescribed by law.
●
Explain the specific rights granted to the people in this section.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
Sec. 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.
●
Explain the specific rights granted to the people in this section.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
Sec. 33. Hereditary emoluments and honors.
No hereditary emoluments, privileges, or honors shall be granted or conferred in this State.
●
Explain the specific rights granted to the people in this section.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
Sec. 34. Perpetuities and monopolies.
Perpetuities and monopolies are contrary to the genius of a free state and shall not be allowed.
●
Explain the specific rights granted to the people in this section.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
Sec. 35. Recurrence to fundamental principles.
A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.
●
Explain the specific rights granted to the people in this section.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
Group 6:
Sec. 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.
●
Explain the specific rights granted to the people in this section.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?
Sec. 37. Rights of victims of crime.
(1) Basic rights. Victims of crime, as prescribed by law, shall be entitled to the following basic rights:
(a) The right as prescribed by law to be informed of and to be present at court proceedings of the accused.
(b) The right to be heard at sentencing of the accused in a manner prescribed by law, and at other times as prescribed by
law or deemed appropriate by the court.
(c) The right as prescribed by law to receive restitution.
(d) The right as prescribed by law to be given information about the crime, how the criminal justice system works, the
rights of victims, and the availability of services for victims.
(e) The right as prescribed by law to receive information about the conviction or final disposition and sentence of the
accused.
(f) The right as prescribed by law to receive notification of escape, release, proposed parole or pardon of the accused, or
notice of a reprieve or commutation of the accused's sentence.
(g) The right as prescribed by law to present their views and concerns to the Governor or agency considering any action
that could result in the release of the accused, prior to such action becoming effective.
(h) The right as prescribed by law to confer with the prosecution.
(2) No money damages; other enforcement. Nothing in this section shall be construed as creating a claim for money
damages against the State, a county, a municipality, or any of the agencies, instrumentalities, or employees thereof. The
General Assembly may provide for other remedies to ensure adequate enforcement of this section.
(3) No ground for relief in criminal case. The failure or inability of any person to provide a right or service provided
under this section may not be used by a defendant in a criminal case, an inmate, or any other accused as a ground for
relief in any trial, appeal, post conviction litigation, habeas corpus, civil action, or any similar criminal or civil
proceeding. (1995, c. 438, s. 1.)
Sec. 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 for the public good. The people have a right, including the right to use traditional methods, to hunt, fish, and
harvest wildlife, subject only to laws enacted by the General Assembly and rules adopted pursuant to authority granted
by the General Assembly to (i) promote wildlife conservation and management and (ii) preserve the future of hunting
and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. Nothing herein
shall be construed to modify any provision of law relating to trespass, property rights, or eminent domain. (2018-96, s.
1.)
●
Explain the specific rights granted to the people in this section.
●
How does this compare with the U.S. Bill of Rights and/or other founding documents?