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Senator Phil Berger rewrites the state constitution unilaterally

Posted By Rob Schofield On June 12, 2012 @ 2:07 pm In Uncategorized | Comments Disabled

Here’s a fact that you probably didn’t know about the North Carolina Constitution [1]: It was changed recently in a dramatic and important way.

Here’s what it used to say in Article IX [2], Section 4, Subsection (1):

“Board.  The State Board of Education shall consist of the Lieutenant Governor, the Treasurer, and eleven members appointed by the Governor, subject to confirmation by the General Assembly in joint session.  The General Assembly shall divide the State into eight educational districts.  Of the appointive members of the Board, one shall be appointed from each of the eight educational districts and three shall be appointed from the State at large.  Appointments shall be for overlapping terms of eight years.  Appointments to fill vacancies shall be made by the Governor for the unexpired terms and shall not be subject to confirmation.”

What most people don’t realize is that a new provision was added recently (at least effectively) that says the following:

“State legislative leaders are free to ignore their constitutional duty to act on the Governor’s nominations when they don’t like the Governor, consider him or her a “lame duck,” think they may be able to stall until they get a Governor in office whom they like better or simply feel that they can get away with it.”

If you think this is a joke, read the latest edition of Policy Watch Investigates by reporter Sarah Ovaska [3].

Warning: You may be shocked by the utterly cynical lawmaker attitudes described in the story — attitudes that even a one-time powerful state Republican leader criticizes as “partisan politics.”  

  


Article printed from The Progressive Pulse: http://pulse.ncpolicywatch.org

URL to article: http://pulse.ncpolicywatch.org/2012/06/12/senator-phil-berger-rewrites-the-state-constitution-unilaterally/

URLs in this post:

[1] the North Carolina Constitution: http://www.ncleg.net/Legislation/constitution/ncconstitution.html

[2] Article IX: http://www.ncleg.net/Legislation/constitution/article9.html

[3] the latest edition of Policy Watch Investigates by reporter Sarah Ovaska: http://www.ncpolicywatch.com/2012/06/12/partisan-politics-snarls-routine-education-appointments/

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