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Executive Watch: Can Anyone Counter a Legislature Dominated by Anti-Environmental Politicians?

Executive Watch: Can Anyone Counter a Legislature Dominated by Anti-Environmental Politicians?

Is the Governor of North Carolina more than a puppet who dances to the legislature’s tunes? A state court panel is now weighing a case with profound consequences for the fair conduct of elections and the enforcement of environmental safeguards in our state.

Senator Phil Berger
How much power will the courts allow anti-environmental Senate leader Phil Berger over North Carolina executive authority?

Last week a special panel of three state Superior Court judges heard the arguments from lawyers for Governor Roy Cooper and lawyers for powerful state legislators, led by Senate President Pro Tem Phil Berger, over this question. In three interlocked issues, that panel is now considering how much authority the Governor actually has under our state constitution.

Will the Governor appoint the members of a separate State Board of Elections, or will the legislature dominate the entire process of state elections from top to bottom? Can the Governor determine his (or her) own departmental leaders (including Environmental Quality, and Natural and Cultural Resources), or will the State Senate have veto power over who administers executive branch agencies? Can the Governor name enough policy-implementing staff to actually steer the executive functions of state government, or will the legislature arbitrarily decide how many staff the Governor needs depending on the party registration of the Executive Mansion occupant?

This sounds like dry stuff, but it’s fundamental to whether or not it even matters who voters select as governor. And if there’s no real authority in the executive branch of state government – run by the statewide-elected governor – then the anti-environmental leaders of the State Senate have the power to simply smash flat any policy they don’t like. That should be a chilling prospect for citizens who care about protecting public health, clean air and water, and the natural beauty of our state.

Read more about the details of what’s in this legal struggle between the executive and legislative branches of North Carolina state government, and why it matters, here.

Up next: North Carolina officials withdraws from the McCrory administration’s anti-Clean Power Plan lawsuit>>

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