The enumeration of rights in this Article shall not be construed to impair or deny others retained by the people.
History Note. - The provisions of this section are similar to those of Art. I, § 38, Const. 1868, as amended in 1962.
Legal Periodicals. - For article, "The Rising Tide of North Carolina Constitutional Protection in the New Millenium," see 27 Campbell L. Rev. 223 (2005).
CASE NOTES
Exhaustion of Other State Remedies Required. - A state constitutional action is not proper under this section, unless no other state remedy is available; here, an existing state tort remedy precluded plaintiff's assault-based constitutional claim against an arresting officer. Glenn-Robinson v. Acker, 140 N.C. App. 606, 538 S.E.2d 601 (2000).
Instruction Informing Jury of Death Penalty. - Denial of defendant's written request for an instruction that "should you [the jury] return a verdict of guilty to the alleged crime of rape, the death penalty will be imposed by this Court" did not deny him his constitutional right of due process as guaranteed by U.S. Const., Amends. V and XIV and by N.C. Const., Art. I, §§ 19, 23 and this section, since the record revealed that each juror knew that the sentence of death would be imposed upon the return of a verdict of guilty. State v. Bernard, 288 N.C. 321, 218 S.E.2d 327 (1975).
An extension in the city council's term of office neither violated petitioners' constitutional right to participate in the political process nor infringed upon the rights of voters. Crump v. Snead, 134 N.C. App. 353, 517 S.E.2d 384 (1999), cert. denied, 351 N.C. 101, 541 S.E.2d 143 (1999).
No Constitutional Right to Erosion Control. - Plaintiffs' claims that hardened structure rules, promulgated by defendants, effected a taking of property without just compensation and violated G.S. 113A-128 of the Coastal Area Management Act were properly dismissed, because plaintiffs failed to cite any persuasive authority for the proposition that a littoral or riparian landowner has a right to erect hardened structures in statutorily designated areas of environmental concern to protect their property from erosion or migration. Shell Island Homeowners Ass'n v. Tomlinson, 134 N.C. App. 217, 517 S.E.2d 406 (1999).
Cited in In re Reddy, 16 N.C. App. 520, 192 S.E.2d 621 (1972); Boesche v. Raleigh-Durham Airport Auth., 111 N.C. App. 149, 432 S.E.2d 137 (1993); Midulla v. Howard A. Cain Co., Inc., 133 N.C. App. 306, 515 S.E.2d 244 (1999); State v. Price, - N.C. App. - , 611 S.E.2d 891 (2005).