North Carolina Constitution Article XII, Military Forces

North Carolina Constitution – Article XII: Military Forces outlines the structure, authority, and limitations of the state’s military forces. Here's a summary of the key points in Article XII:

Article XII – Military Forces

Section 1: Composition of the Militia

The militia of North Carolina consists of all able-bodied citizens of the state and those who have declared their intent to become citizens, as defined by law.

The General Assembly may exempt certain persons from militia duty.

Section 2: Governor as Commander in Chief

The Governor is the Commander in Chief of the state’s military forces.

The Governor may call the militia into active service to:

Execute the laws of the state,

Suppress insurrection,

Repel invasion.

Section 3: Subordination of the Military

The military shall always be under civil authority and subordinate to civil power.

This ensures civilian control over military forces.

Section 4: Rules Governing the Militia

The General Assembly is responsible for making laws that govern the organization, equipment, and discipline of the militia.

Section 5: Privilege from Arrest

Members of the militia are privileged from arrest during military service, except for treason, felony, or breach of the peace.

 

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