Governing -recent years, a number of legislators around the country have attacked the independence of the judiciary, arguing that judges have overstepped their authority. In North Carolina last week, one judge returned the fire, ruling that the legislature itself is illegitimate.
Wake County Superior Court Judge G. Bryan Collins struck down two constitutional amendments that had been approved by voters in November. One regarded voter ID requirements and the other a cap on state income taxes. The amendments had been placed on the ballot by the Republican-controlled legislature.
"An illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state’s constitution," he wrote.
The case was brought by the North Carolina NAACP and Clean Air Carolina.
Legislators vowed to appeal the decision they described as "outrageous" and an "abomination."
SPEED READ:
Because lawmakers in the state were elected using maps deemed racially discriminatory, a North Carolina Superior Court judge ruled that they lack the power to pass amendments to the state constitution. The ruling is the latest volley in an ongoing battle between North Carolina's judicial and legislative branches. Legislators plan to appeal the decision.
In recent years, a number of legislators around the country have attacked the independence of the judiciary, arguing that judges have overstepped their authority. In North Carolina last week, one judge returned the fire, ruling that the legislature itself is illegitimate.
On Friday, Wake County Superior Court Judge G. Bryan Collins struck down two constitutional amendments that had been approved by voters in November. One regarded voter ID requirements and the other a cap on state income taxes. The amendments had been placed on the ballot by the Republican-controlled legislature.
RELATED Power Protected: North Carolina Voters Reject Republicans' Effort to Weaken Governor's Authority State Supreme Courts Increasingly Face Partisan Impeachment Threats Amid Supreme Court Impeachments, West Virginia Voters Weaken Judges' Power Collins ruled that the lawmakers had no standing to approve constitutional amendments because they were elected using maps that federal courts, up to the U.S. Supreme Court, found to be unconstitutional racial gerrymanders.
"An illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state’s constitution," he wrote.
The case was brought by the North Carolina NAACP and Clean Air Carolina.
"We are delighted that the acts of the previous majority, which came to power through the use of racially discriminatory maps, have been checked," said T. Anthony Spearman, president of the NAACP state chapter.
Legislators vowed to appeal the decision they described as "outrageous" and an "abomination."
"We are duty-bound to appeal this absurd decision," said Phil Berger, president pro tempore of the state Senate. "It appears the idea of judicial restraint has completely left the state of North Carolina."
North Carolina legislators have lost a number of court cases challenging laws they passed in recent years, including earlier versions of the constitutional amendments in question. Nevertheless, the ruling that the legislature itself lacks authority came as a surprise even to some of its critics, including University of North Carolina political scientist Andrew Reynolds. In a 2016 op-ed, Reynolds wrote that "our state government can no longer be classified as a full democracy," a change he largely blamed on "the abuse of legislative power."
In an interview, Reynolds says Collins' ruling goes even further.
"If anything, the language is a little bit more extreme than my language," Reynolds says. "I just state that North Carolina isn't a fully functioning democracy. The very explicit legal decision that the governance of the state of North Carolina is illegal because it's based on a misrepresentation of popular will -- that to me is pretty unique and pretty extreme, even though I agree with it."
North Carolina Legislature vs. the Courts
North Carolina legislators have had highly active legal dockets in recent years, facing lawsuits -- and losing many of them -- over separation of powers, partisan labeling on ballots, and gerrymandering, among other issues.
"As the court made clear, the North Carolina constitution states that political power derives from being chosen by voters in fair elections, and that includes fair district maps," says Billy Corriher, a senior researcher with the Institute for Southern Studies, a progressive research center in Durham. "Until now, our legislators haven't felt any real repercussions for the egregious gerrymandering that has kept them in power."
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