by Brian Irving
Libertarian for NC Senate 16
Civics 101, circa 1960 (What I learned in high school): The Legislature Branch makes the laws. The Executive Branch enforces the law. The Judicial Branch settles disputes and decides what the law is.
Civics 101, circa 2018 in North Carolina (What Republicans want): The legislature makes the law, appoints boards and commissions to enforce the law, and appoints judges to decide what the law is. The executive – who’s he?
Two proposed state constitutional amendments will make a mockery of two foundational principles of constitutional government: the separation of powers and checks and balances between its branches.
The descriptions voters will read on the ballot are deliberately misleading. The first says, “Constitutional amendment to establish a Bipartisan Board of Ethics and Elections to administer ethics and election laws, to clarify the appointment authority of the Legislative and the Judicial Branches, and to prohibit legislators from serving on boards and commissions exercising executive or judicial authority.
The amendment won’t clarify anything. Rather, it will strip the governor of his authority to appoint members of the nearly 400 boards and commissions and transfer that power to the General Assembly.