NC Legislature vs. Separation of Powers: A Threat to Democracy

The principle of separation of powers holds a foundational role in the American democratic system. It ensures that power is balanced across branches—executive, legislative, and judicial—preventing any one branch from becoming overly dominant. Unfortunately, in North Carolina, this principle is under siege. The Republican-led legislature has consistently encroached on executive authority, undermining democracy and prioritizing partisan control over good governance.

Systematic Erosion of Executive Power

Stripping the Governor’s Authority

The North Carolina legislature has methodically reduced the powers of the governor, particularly targeting vital appointments. Through House Bill 17, passed under the guise of efficiency in 2016, and subsequent actions, they transferred the governor’s ability to appoint members to influential commissions and the State Board of Elections to the legislature itself or other officials. This shift disrupts the balance of power, diminishing the governor’s role in shaping policies that impact millions of citizens.

Additionally, House Bill 90, passed in a similarly rushed manner, heavily restructured the control of key education and funding decisions, previously under the governor's purview. These actions not only diminish the executive branch’s capacity to govern effectively but also set a dangerous precedent of ignoring historical norms.

Targeting the Attorney General

The attorney general’s office, another executive arm, has not been spared from legislative overreach. The legislature has pushed through laws that limit the scope of the attorney general’s authority, reducing their ability to independently pursue legal action on behalf of the state. These moves weaken the office’s ability to enforce the law fairly and protect the rights of North Carolinians.

Restructuring Court Vacancy Appointments

Arguably one of the most brazen and legally questionable actions has been the legislature’s tactics concerning judicial appointments. By restructuring how court vacancies are filled, the legislature has attempted to control another arm of the government—further tilting the balance of power in their favor. Legal experts have described such actions as a direct violation of the state constitution and warned of their long-term consequences for judicial independence.

A Crisis of Democracy and Transparency

The manner in which these sweeping changes have been enacted is equally troubling. Often passed through rushed and opaque legislative processes, these bills have been pushed forward with minimal public input or debate. Transparency and accountability—hallmarks of a functioning democracy—have been replaced with secrecy and partisanship.

The real danger lies in the long-term impact of these actions. By concentrating power disproportionately in the hands of the legislature, North Carolina is veering away from the checks-and-balances system that ensures equitable governance. This shift is not just a threat to one political party but an erosion of democratic principles that protect everyone.

Expert Opinions and Legal Challenges

Legal scholars and political analysts across the state have condemned these moves. Courts have also weighed in, ruling some of these legislative changes as unconstitutional. For example, the restructuring of the State Board of Elections, where legislative control supplanted gubernatorial appointment authority, was struck down due to its clear violation of the separation of powers outlined in the state constitution.

However, the courts alone cannot shoulder the burden of correcting these abuses. Public awareness and action are critical to upholding democratic values and restoring balance.

Why This Matters to North Carolinians

This isn’t just a debate about legal theory—it’s about the day-to-day lives of North Carolinians. When one branch of government tilts the scales in its favor, policymaking becomes less representative, less efficient, and less accountable. Whether it’s decisions about funding schools, addressing public safety, or managing environmental protections, consolidating power in the hands of a few undermines the voices of the many.

The recent power struggles in North Carolina also serve as a cautionary tale for other states. The erosion of executive authority and the undermining of democratic norms can occur anywhere if left unchecked. That’s why it’s critical to address these actions now before they become irreversible.

Moving Forward

Reversing these trends requires collective action and vigilance. Citizens, legal experts, and activists must demand transparency, accountability, and a return to democratic norms. Here’s how you can take action:

• Stay informed: Understanding the scope and impact of these legislative actions is the first step. Subscribe to credible news sources and follow updates on this issue.
• Contact your representatives: Reach out to your local legislators and express your concerns. Remind them of their responsibility to uphold the state constitution and democratic principles.
• Join advocacy groups: Support organizations working to defend separation of powers and democratic governance in North Carolina.

Finally, this conversation must extend beyond legal scholars and political analysts. Every NC voter has a stake in ensuring their government operates transparently and fairly.

Protecting Democracy, Together

At its core, the separation of powers is more than just a concept—it’s the backbone of a government that serves its people impartially and justly. When any branch exceeds its constitutional authority, it undermines this principle and puts democracy at risk.

North Carolina’s state legislature must be reminded that governance is about service, not domination. Now is the time for voters, legal experts, and activists to rally together to hold leaders accountable and restore the balance of power that ensures fairness, equity, and justice for all.

Stand with us in defending the democratic values that make North Carolina and our nation strong. Together, we can ensure that power remains where it belongs—in the hands of the people.

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