Excerpts from Governor Cooper's newest lawsuit opposing GOP power grab

Just the fact he is forced to do this is infuriating:

4. This General Assembly's continued, direct attacks on executive authority unconstitutionally infringe on the Governor's executive powers in violation of separation of powers, and improperly delegate legislative power without adequate guiding standards. N.C. CONST. art. I, § 6; id. art. II, § 1; id. art. Ill, §§ 1, 5(4).

5. As our Supreme Court recently observed, "The election of a particular candidate signifies public support for that candidate's platform, policies, and ideology." Young v. Bailey, 368 N.C. 665, 671, 781 S.E.2d 277, 281 (2016). Here, the General Assembly's efforts to disempower the Office of the Governor fail to respect the will of the electorate in selecting him as North Carolina's chief executive.

And just to clarify, neither Berger nor Moore can plead ignorance in taking these steps. They know exactly what they're doing when they violate the word and the spirit of the NC Constitution, and the fact they would so casually do it, merely for partisan gain, is such an abuse of the public's trust it boggles the mind. Here's more:

20. These core principles guided our Supreme Court in McCrory v. Berger, when it held that the General Assembly had unconstitutionally encroached on the province of the Governor by establishing three commissions (including the Coal Ash Management Commission), according them executive authority, and then limiting the Governor's ability to control those commissions.

21. "The clearest violation of the separation of powers clause occurs when one branch exercises power that the constitution vests exclusively in another branch." 368 N.C. at 645, 781 S.E.2d at 256. The constitutional guarantee of separation of powers also "requires that, as the three branches of government carry out their duties, one branch will not prevent another branch from performing its core functions." See id. at 636, 781 S.E.2d at 250.

22. The McCrory Court made clear that the Governor's ability to control executive branch officers, boards, and commissions—and, concomitantly, the exercise of final executive authority by those executive entities—depends on the Governor's ability to appoint such officials, "to supervise their day-to-day activities, and to remove them from office." McCrory, 368 N.C. at 646,781 S.E.2dat256.

Again, pleading ignorance for these violations is simply not possible. In addition to the court's recent rejection of the GOP's December power grab, their Supreme Court loss against their own Governor (Pat McCrory) just happened within the last couple of years. In other words, this most recent bill is not only an attack on the Executive Branch's power, but it's also turned into both a rejection and an assault on the powers of the Judicial Branch.

This is what's called a "Constitutional crisis," folks. Our very system of Democracy is under attack, by those who would grant themselves power they are not authorized to have under the current system. It doesn't get more radical than that, or more dangerous to the freedoms we hold dear.



Hat-tip to NC Policy Watch,

for providing a link to the lawsuit in question. I wish everybody did this. WRAL has been awesome with their reporting (and writing) about Legislative stuff, giving you bill #'s and links and such. But most other media outlets will write five fricking paragraphs about a piece of Legislation, and not even tell you what you need to know to find the dang thing, whether it's bill number or title. Grrr.