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Constitution of North Carolina

ARTICLE IX Education

Sec. 8. Higher education.

The General Assembly shall maintain a public system of higher education, comprising The University of North Carolina and such other institutions of higher education as the General Assembly may deem wise. The General Assembly shall provide for the selection of trustees of The University of North Carolina and of the other institutions of higher education, in whom shall be vested all the privileges, rights, franchises, and endowments heretofore granted to or conferred upon the trustees of these institutions. The General Assembly may enact laws necessary and expedient for the maintenance and management of The University of North Carolina and the other public institutions of higher education.

History Note. - The provisions of this section are similar to those of Art. IX, § 6, Const. 1868, as added in 1872 - 1873.



CASE NOTES

Rule-Making Power of Trustees of University. - Under the Constitution and statutes of this State, the management of The University of North Carolina is delegated to and invested in the board of trustees, and the board of trustees may make all necessary, proper and reasonable rules and regulations for the orderly management and government of The University of North Carolina and for the preservation of discipline of its students. In re Carter, 262 N.C. 360, 137 S.E.2d 150 (1964), decided under former Art. IX, § 6, Const. 1868.


Because the North Carolina General Assembly enacted G.S. 116-44.4 pursuant to a clear grant of constitutional authority to establish a mechanism for administering the "maintenance and management" of traffic and parking on each University of North Carolina campus, G.S. 116-44.4 is constitutional under N.C. Const. art. IX, § 8, which is a co-equal provision with N.C. Const. art. IX, § 7. N.C. Sch. Bds. Ass'n v. Moore, 160 N.C. App. 253, 585 S.E.2d 418 (2003).



Opinions of Attorney General



TACIT Program Upheld. - The TACIT Program, offered by North Carolina State University's Department of Urban Affairs to units of local government to educate employees with respect to selecting appropriate computer equipment, does not violate the provisions of G.S. 66-58. See opinion of Attorney General to Mr. George E. Tatum, Register of Deeds, Cumberland County, 55 N.C.A.G. 101 (1986).

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