The Governor shall be Commander in Chief of the military forces of the State and may call out those forces to execute the law, suppress riots and insurrections, and repel invasion.
History Note. - The provisions of this section are similar to those of Art. XII, § 3, Const. 1868.
CASE NOTES
Governor May Call Out Militia. - In the absence of legislation, the Governor, as commander-in-chief, has the power to call out the militia, and the State guard being made a part of the militia, he has the power to call them out. This constitutional power may be regulated by legislation providing what shall amount to sufficient evidence of the existence of the causes mentioned in this section. Worth v. Commissioners of Craven County, 118 N.C. 112, 24 S.E. 778 (1896), decided under former Art. XII, § 3, Const. 1868.
The legislature has no authority to restrict the power of the Governor to call out the militia. Worth v. Commissioners of Craven County, 118 N.C. 112, 24 S.E. 778 (1896), decided under former Art. XII, § 3, Const. 1868.
Officers in the militia are liable to be called out to suppress riots or insurrection, "and to repel invasion." In re Yelton, 223 N.C. 845, 28 S.E.2d 567 (1944), decided under former Art. XII, § 3, Const. 1868.
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