Our own "House of Cards"

By Tom Campbell, Executive Producer and Moderator, NC SPIN, March 19, 2015.

You don’t have to watch House of Cards on Netflix to witness political drama, intrigue and raw power plays. There’s all you want taking place in Raleigh in the separation of powers battle between the executive and legislative branches of state government. It’s ugly and could affect the way our state does business.

Article 1, Section 6 of North Carolina’s Constitution says, “The legislative, executive and judicial powers of the State government shall be forever separate and distinct from each other.” One branch makes laws, another executes and the third judges them. You don’t have to be a judge to understand that clear, clean and concise language.

Since the 1980s, the lines separating the executive and legislative branches have become blurred. Legislators have appointed, with increasing frequency, members to boards intended to administer or execute laws, boards that have no relation to the function of the legislative branch. Previous governors may have objected but, for whatever reasons, decided not to fight with legislators. When the 2014 session clearly crossed the line in the Coal Ash and two other commissions, Governor McCrory, joined, by former Governors Martin and Hunt, decided enough was enough, invoking the Separation of Powers argument in asking the court to more clearly define those boundaries.

It didn’t take long. A three-judge panel was unanimous in agreeing with the governors, declaring the makeup of three boards in question unconstitutional. Predictably, legislative leaders vowed to appeal the verdict. Our Republican dominated Supreme Court might be forced, like King Solomon, to choose between Republican lawmakers and a Republican governor. If the current decision stands we could easily see a domino-effect ripple throughout state government, negating not only the composition of boards and commissions but perhaps even challenging actions taken by them. The repercussions could be hard to envision.

Meanwhile, the poorly disguised animosity between the Governor and the Senate took another plunge as Senate Leaders childishly vowed to withhold gubernatorial appointments that required their confirmation, even appointments not affected by that decision, until a final court verdict is rendered. If this sounds similar to the current scenario in Washington you clearly understand. Key positions could go unfilled for many months.

Both sides have weapons in their arsenals. The Senate can control the budget and authorize programs. Our chief executive may be among the weakest in the nation but Governor McCrory still makes appointments, hires people and makes decisions about where and how money is spent. Most lawmakers have constituents and donors who want jobs, roads or appointments and frequently call on the governor for favors. More importantly, the governor has a bully pulpit and the media’s ear. Most governors have chosen not to wage war on legislators, but the threat is always there.

We’ve always heard you shouldn’t take on more enemies than you can handle at a time, good advice for a Senate that seems eager to fight with educators, cities and counties, Democrats, any others who disagree with them and now the governor.

Memo to politicians: Article 1, Section 1 of our Constitution says the supreme power resides in the citizens of our state. We delegated some of that power when we elected you, but the elections of 2016 aren’t far off. While this political infighting might make good television this House of Cards kind of distracting, destructive and divisive drama isn’t good for North Carolina.