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.
History Note. - The provisions of this section are similar to those of Art. I, § 3, Const. 1868.
Legal Periodicals. - For survey of 1982 law on criminal procedure, see 61 N.C.L. Rev. 1090 (1983).
CASE NOTES
Editor's Note. - The cases cited below were decided under former Art. I, § 3, Const. 1868.
The Constitution of the United States takes precedence over the Constitution of North Carolina. Constantian v. Anson County, 244 N.C. 221, 93 S.E.2d 163 (1956).
Choice of Law. - It is the duty of the Supreme Court of this State to follow the decisions of the Supreme Court of the United States upon questions involved in interstate commerce where Congress has assumed control of the matter relating thereto. But in intrastate cases, the decisions of the Supreme Court of this State are binding and will be followed in the United States Supreme Court, even though they appear "absurd and illogical." Norris v. Western Union Tel. Co., 174 N.C. 92, 93 S.E. 465 (1917).
Regulation of Criminal Practice. - The legislature has the power to shape the criminal procedure of this State to provide remedies required by the exigencies of the present time. State v. Lewis, 142 N.C. 626, 55 S.E. 600 (1906).
Cited in Stephenson v. Bartlett, 355 N.C. 354, 562 S.E.2d 377 (2002).