Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools, libraries, and the means of education shall forever be encouraged.
History Note. - The provisions of this section are similar to those of Art. IX, § 1, Const. 1868.
Legal Periodicals. - For comment on the public purpose doctrine, see 3 Wake Forest Intra. L. Rev. 37 (1967).
For comment, "The State and Sectarian Education: Regulation to Deregulation," see 1980 Duke L.J. 801.
For note, "Delconte v. State: Some Thoughts on Home Education," see 64 N.C.L. Rev. 1302 (1986).
For a survey of 1996 developments in constitutional law, see 75 N.C.L. Rev. 2252 (1997).
CASE NOTES
Editor's Note. - Some of the cases cited below were decided under former Art. IX, § 1, Const. 1868.
Education is a governmental function so fundamental in this state that our constitution contains a separate article entitled "Education." Rowan County Bd. of Educ. v. United States Gypsum Co., 332 N.C. 1, 418 S.E.2d 648 (1992).
This and the following sections are mandatory in their provisions. Fuller v. Lockhart, 209 N.C. 61, 182 S.E. 733 (1935); Mebane Graded Sch. Dist. v. County of Alamance, 211 N.C. 213, 189 S.E. 873 (1937). See also, Elliott v. State Bd. of Equalization, 203 N.C. 749, 166 S.E. 918 (1932).
The duty imposed on the State under this Article is mandatory. Harris v. Board of Comm'rs, 274 N.C. 343, 163 S.E.2d 387 (1968).
Provision for Education Is for a Public Purpose. - The education of residents of the State is a recognized object of State government. Hence, provision therefor is for a public purpose. State Educ. Assistance Auth. v. Bank of Statesville, 276 N.C. 576, 174 S.E.2d 551 (1970).
Methods Are to Be Determined by General Assembly. - Subject to constitutional limitations, methods to facilitate and achieve the public purpose of providing for the education or training of residents of this State in institutions of higher education of post-secondary schools are for determination by the General Assembly. State Educ. Assistance Auth. v. Bank of Statesville, 276 N.C. 576, 174 S.E.2d 551 (1970).
Cited in Swann v. Charlotte-Mecklenburg Bd. of Educ., 318 F. Supp. 786 (W.D.N.C. 1970); Givens v. Poe, 346 F. Supp. 202 (W.D.N.C. 1972); Kiddie Korner Day Schools, Inc. v. Charlotte-Mecklenburg Bd. of Educ., 55 N.C. App. 134, 285 S.E.2d 110 (1981); Faulkner v. New Bern-Craven County Bd. of Educ., 311 N.C. 42, 316 S.E.2d 281 (1984); Guilford County Bd. of Educ. v. Guilford County Bd. of Elections, 110 N.C. App. 506, 430 S.E.2d 681 (1993).