When your arrogance far outweighs your common sense:
A three-judge panel will take up motions to dispose of two issues in the separation of powers case, Cooper v. Berger. The first issue involves House Bill 239, a measure that reduced the Court of Appeals from 15 judges to 12, and the second involves a voucher mandate in the budget bill, Senate Bill 257. Cooper argues that Section 1 of HB239 purports to shorten three appellate judicial terms to fewer than eight years. He asks the court to declare it unconstitutional and therefore “void and of no effect.”
As for the voucher mandate, Cooper argues that it’s unconstitutional because the General Assembly mandated what he could include in his base budget. “By mandating what the Governor must include in his proposed budget, the General Assembly is exercising core executive power in violation of separation of powers,” the complaint states.
The key word there is "proposed." The Governor's budget proposal is non-binding. The General Assembly is free to write a completely different Budget, which incorporates little or nothing from what the Governor asks for. By dictating what the Governor must ask for, this bill amounts to a contradictory and oxymoronic "forced bi-partisanship." Allowing Republicans to disingenuously claim "Both we and the Governor support this funding." This is the kind of crap military juntas in third-world countries pull to control their civilian figurehead leaders. And the fact that it has become second nature to NC's GOP cabal should scare the living hell out of everybody.