This week, North Carolina’s Democratic legislators proposed three constitutional amendments designed to safeguard the governor’s traditional authority and overhaul the state’s judicial oversight system. The push was partly spurred by ProPublica’s reporting, including an investigation that revealed how, over nearly ten years, Republican lawmakers had repeatedly passed measures to curtail the powers of the governor—at the time always a Democrat.
At a Wednesday press conference, the bills’ sponsors openly admitted the initiatives are unlikely to advance in the current legislative session, as Republicans control both chambers of the North Carolina General Assembly. Nevertheless, the group of eight Democrats argued that enshrining the changes in the state constitution would make them more resistant to the constant partisan battles that have consumed the closely divided swing state. “Republicans won’t always be in the majority,” said Rep. Phil Rubin, the chief backer of a single bill. And when that’s not the case, they’ll suddenly decide these are fantastic rules. Alright, let’s get them done now. Republican leaders in the House, Senate, and judiciary declined to comment on the proposed legislation. For years, analysts have argued that aggressive Republican maneuvers have undermined the expressed wishes of North Carolina voters by stripping the Democratic governor of authority—or shared authority—over a wide range of boards, agencies, and executive powers, rendering him the weakest governor in the country. Republican officials have justified the changes by noting that voters also chose a Republican majority in the legislature. Rubin’s proposal would prohibit the legislature from removing further powers from the governor, and would prevent majority leaders from engaging in what he termed “government by ambush” — suddenly introducing major bills without any advance notice to the minority or the public. “ProPublica’s reporting shows the perils of not having this law,” Rubin said. Voters must be given the chance to protect their constitution, insist on total transparency in the legislative process, and guarantee that citizens—not secret backroom deals—hold the ultimate authority.
