GA is passing legislation to over step state Attorney General (house, tax)

[SunnyKayak]

Unhappy with state attorney general Roy Cooper opposition to some of the laws the Republican-controlled General Assembly has passed, legislators want the option to mount their own defense when the legislation leads to lawsuits. A provision accomplishing that was added to an unrelated bill in the final rush toward the end of session and was given final approval in the early morning hours Friday.

The legislation, Senate Bill 473, is on the governor’s desk awaiting action.

If it becomes law, (likely it is) the bill would allow the speaker of the House and the president pro tem of the Senate to intervene in lawsuits not the AG. Currently, in North Carolina and nearly all of the rest of the country, defending the state’s laws falls to the attorney general.

There is a provision in our national and state constitution that demands separation of powers among the executive, legislative, and the judicial branches of our government. Many state governments have blurred these lines in their history but normally in only one or two states and only for a short period of time.

It is the duty of the state attorney general to study controversial legislation and actions of the governor that are not constitutional and respond to them. Roy Cooper has done that. Now that the legislature has attempted to make an end-run against the principle of power separation, the balance has been altered. The legislature with the pushing of Paul "Skip" Stam is trying to undue this balance in the last hour of the General Assembly.

From Wiki on "Separation of Powers"..On the other hand, many southern states explicitly required separation of powers. Maryland, Virginia, North Carolina and Georgia all kept the branches of government "separate and distinct."

This General Assembly is attempting to dismantle a key provision of a democracy by allowing leaders of the state House and state Senate to assume the role of the judicial branch. Why? Power and control are the primary factors involved. If you examine this session of the General Assembly, it has always been about power and control. From voting rights to abortion to changes in the tax system, it is always about older white men maintaining this control on the lives of citizens of this state.

Even if they have to pass laws that are unconstitutional and will end up in the courts over the next few years with millions of dollars paid to legal firms to fight out the results. History will prove that this General Assembly was so hungry for power and control that it cost the citizens jobs and economic expansion.

[NCN]

Maybe we don't want the same thing happening in North Carolina that is happening on the national level. If the president and his cronies don't like a law, they just ignore it. Laws are made by people elected by the people and should not be ignored or done away with by one man calling it an executive order. When an elected official swears to uphold the law; they need to do just that.

One might not like what this GA is doing but you certainly cannot say they are not working hard and they are being very effective. I don't think I have ever seen a year when the GA was in the news so much.

If you don't like what they are doing we have a peaceful solution for that here in this state. It is called voting. If you do like what they are doing and want them to continue the same solution will work. Vote instead of demonstrate. It is just a difference in where the silent majority puts its energy.

[Vatnos]

NCN - Voting does not work all that well in this state. The General Assembly is gerrymandered. Democrats could win a 10-point majority in the GA and still not regain a majority of seats. We actually only have judicial solutions to what's happened. If they eliminate that then what we have is essentially a dictatorship.

Note that democrats won more votes for congressional representatives in 2012, but control only 4 of the 13 seats. I think you're under a very mistaken impression about being in some kind of 'silent majority'. More like tyranny of the minority.

[Carolina_native]

The AG of North Carolina is elected as well and should not pick and choose what laws he will or will not defend in court. If he does not want to do his job he should resign.

[Carolina_native]

Originally Posted by Vatnos

NCN - Voting does not work all that well in this state. The General Assembly is gerrymandered. Democrats could win a 10-point majority in the GA and still not regain a majority of seats. We actually only have judicial solutions to what's happened. If they eliminate that then what we have is essentially a dictatorship.

Note that democrats won more votes for congressional representatives in 2012, but control only 4 of the 13 seats. I think you're under a very mistaken impression about being in some kind of 'silent majority'. More like tyranny of the minority.

PLEASE!!

Democrats gerrymandered this state for decades! Everyone knows this.

[arbyunc]

Originally Posted by NCN

One might not like what this GA is doing but you certainly cannot say they are not working hard and they are being very effective.

Wait...WHAT???

[MikeyKid]

Originally Posted by arbyunc

Wait...WHAT???

Exactly... I've read that post like 3 times and it floors me every time. Talk about coming out of an echo chamber.

It's amazing - frankly, it's easily in the top 3 political posts I've ever read on this board. Breitbart, Beck, and the Oxy addict would be so proud. lol

[GCharlotte]

Originally Posted by SunnyKayak

[LEFT] There is a provision in our national and state constitution that demands separation of powers among the executive, legislative, and the judicial branches of our government. Many state governments have blurred these lines in their history but normally in only one or two states and only for a short period of time.

[/LEFT]

As for the merits it certainly is dubious. I don't like these mixed bills and I don't understand why it happens. The other side will always accuse the bill writer of trying to sneak something by but in reality I don't think this ever happens. Plenty of watchdogs are out there and they'll catch any hanky panky. Maybe they just don't want a bill titled for the "hidden" cause.

But I'm not sure about separation of powers here because at the federal level the prosecution is done by the executive branch. The separation is when it comes to courts not prosecution. Agencies of executive branches bring suits all the time without the AG. I think what's going on here is more if the state gets sued.

While in general I don't like the idea, I actually do support the fact that the AG should defend the laws of the state all the way to the top even if he doesn't believe in them. Three AGs have refused to do so and Cooper has been critical of bills passed by the assembly so I'm not sure I can disagree with what the GA is doing.

Let me say again, I do not like it but I also don't like AGs deciding what laws to defend. THAT is a violation of the separation of powers. The AG should not be able to nullify statutes based on his personal belief.

And if California defended their law (constitutional amendment) maybe same sex marriage would be legal for everyone. But in a tyrannical move two individuals decided to nullify the will of the voters. If the voters were wrong then SCOTUS could have fixed that but this nullification has actually caused more people to continue to suffer that are in other states.

People need to do their jobs. I don't believe in the death penalty. If I were a judge and the punishment was that I would hand it down because that's my job. I can't let my personal feelings intervene. Of course this is one reason out of a 1000 that I'm not a judge

GOP lawmakers don't want to leave lawsuit defense to Cooper - Region/State - The Times News

And there's a typo on the civil rules of procedure. It shouldn't be 29 but I don't know what it was suppose to be. I'll take a stab at it and guess 24. Knowing the number would be very helpful.

[urbanmyth]

Originally Posted by NCN

Maybe we don't want the same thing happening in North Carolina that is happening on the national level. If the president and his cronies don't like a law, they just ignore it. Laws are made by people elected by the people and should not be ignored or done away with by one man calling it an executive order. When an elected official swears to uphold the law; they need to do just that.

One might not like what this GA is doing but you certainly cannot say they are not working hard and they are being very effective. I don't think I have ever seen a year when the GA was in the news so much.

If you don't like what they are doing we have a peaceful solution for that here in this state. It is called voting. If you do like what they are doing and want them to continue the same solution will work. Vote instead of demonstrate. It is just a difference in where the silent majority puts its energy.

Interesting. Which law(s) are you referring to?

[urbanmyth]

Originally Posted by Carolina_native

PLEASE!!

Democrats gerrymandered this state for decades! Everyone knows this.

And so your point is that the GOP created districts more accurately reflect the needs and circumstances of residents and aren't motivated by politics?