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.
History Note. - The provisions of this section are similar to those of Art. I, § 2, Const. 1868.
Legal Periodicals. - For article, "A Powerless Judiciary? The North Carolina Courts' Perceptions of Review of Administrative Action," see 12 N.C. Cent. L.J. 21 (1980).
For survey of 1982 law on Criminal Procedure, see 61 N.C.L. Rev. 1090 (1983).
CASE NOTES
Editor's Note. - Some of the cases cited below were decided under former Art. I, § 2, Const. 1868.
All power which is not limited by the Constitution inheres in the people. Painter v. Wake County Bd. of Educ., 288 N.C. 165, 217 S.E.2d 650 (1975).
Elections. - In construing the provisions of the North Carolina Constitution in regard to elections, it should be kept in mind that this is a government of the people in which the will of the people - the majority - legally expressed, must govern, and that these provisions should be liberally construed, that tend to promote a fair election, or expression of this popular will. State ex rel. Quinn v. Lattimore, 120 N.C. 426, 26 S.E. 638 (1897).
Acts Enacted by General Assembly. - It is axiomatic that since all political power is derived from the people and all government originates from them, the sovereign power of the people, expressed through their chosen representatives in the General Assembly, is supreme, and a law enacted by them may not be set aside by the courts unless it contravenes some prohibition or mandate of the Constitution by which the people of the State have elected to be limited and restrained, or unless it violates some provision of the granted powers of federal government contained in the Constitution of the United States. State v. Warren, 211 N.C. 75, 189 S.E. 108 (1937).
An act of the General Assembly is legal when the Constitution contains no prohibition against it. Painter v. Wake County Bd. of Educ., 288 N.C. 165, 217 S.E.2d 650 (1975).
Exchange of Land by Board of Education. - There is nothing in the Constitution which prohibits the board of education from exchanging land which it owns for other land for school purposes. Painter v. Wake County Bd. of Educ., 288 N.C. 165, 217 S.E.2d 650 (1975).
Constitutionality of 1970 Ballot. - Defendant's defense to real estate tax liability (based on alleged defects in 1970 ballot which, defendant asserted, rendered the 1970 amendments violative of due process) was barred by laches where defendant waited 18 years before inquiring into the effect of the 1970 ballot and where he participated in the ballot. Franklin County v. Burdick, 103 N.C. App. 496, 405 S.E.2d 783 (1991).
Cited in Royal v. State, 153 N.C. App. 495, 570 S.E.2d 738 (2002).
Opinions of Attorney General
Moratorium on Granting of Permits for Hazardous Waste Facilities. - The Governor does not have the authority to issue a moratorium on the granting of permits for hazardous waste facilities in this State. See opinion of Attorney General to Mr. Tom Karnoski, Hazardous Waste Treatment Commission (now the Hazardous Waste Management Commission), 55 N.C.A.G. 73 (1986).