Courts & the Law, Defending Democracy, News

NAACP to NC Supreme Court: Can unrepresentative, illegal supermajority amend the constitution?

The North Carolina NAACP has officially asked the state Supreme Court to review and have the final say in its challenge to two constitutional amendments that were made after the last election.

“For many years, the democratic foundation of North Carolina has been under siege,” the requests begins.

The document gives a short history of how the North Carolina General Assembly racially segregated voting districts and diminished the voting power of African-Americans, and how they were unconstitutionally constituted until January of this year. Because of that, the NAACP holds that they did not have the authority to put two constitutional amendments before the people — one that requires a photo ID to vote and another that caps the state income tax at 7 percent.

The organization states in the court document that the high court should step in over the state Court of Appeals because there is significant public interest, delay in final adjudication could cause substantial harm and court workload, among other reasons.

“This case addresses a fundamental question about our democratic system of government in North Carolina: Can a General Assembly that is infected by a sweeping, unconstitutional racial gerrymander that produced an unrepresentative and illegal supermajority, be permitted to use that supermajority to amend our State’s constitution?” the document asks.

Read the full request below.



Supreme Court Filing (Text)

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