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Writer's pictureDan Barry

Legislative Supremacy or Tyranny

The COVID crisis isn’t going to end with the flip of a switch. There will be a long slow grind back to normal and economic recovery.


If you are like me your eyes are starting to glass over with the back and forth. The data, lack of context for the data, real statistical analysis of the data is confounding. What is equally troubling is there is no consistent measuring stick and the goal lines continuing to move. No agreement exists among state leaders on the objective, what success looks like, which makes building a comprehensive strategy impossible. Heck, the communication confuses most observers. If that weren’t bad enough, this all has election implications, or being is influenced by the Election for Governor.


I understand the need for the Chief Executive to have emergency powers. North Carolina’s Emergency Powers were specifically designed for Hurricane or a weather emergency and were not intended to last longer than 30 days. This has left the state under the direction of one person, one. Is he a King maybe a tyrant?


Cooper has failed at the most basic tenet of successful leadership. Clearly define goals and objectives by bringing all key stakeholders into the decision process. In NC the Gov’s role is to execute the law. Here he has openly defied the requirements of the NC Constitution.


Our nature of government is founded on legislative supremacy. It wasn’t until recently that the Governor even had a veto. The NC Constitution still points to the legislature’s authority superseding that of the Governor. In our government, no person maintains so much power. The Governor is required to engage with the Council of State in regards to Executive Emergency orders. He is required to go back to the legislature if he is not intending to execute the law or to suspend the law. Here is it from Article 1 of the NC Constitution.


“Article 1, North Carolina Constitution


Sec. 7. Suspending laws. All power of suspending laws or the execution of laws by any authority, without the consent of the representatives of the people, is injurious to their rights and shall not be exercised.”


By bringing GOP NCGA leadership into the process, the State has everyone at the table. I think immediately of Lincoln and Churchill and how they brought their political adversaries into the decision process. Would the outcome be different? I doubt it. Would significant portions of the economy remain closed? I doubt it. Would there be one set of data that all are working from? Probably. But one person should not have this much unlimited and unchecked power. If there were a GOP Governor and the Dem’s controlled the NCGA their argument would be the same. Right is right and It’s time for Cooper to follow the letter and Spirit of the law.


Citizens of NC want a government that works, that adds value where necessary, but generally leaves people alone. It’s time for Cooper to show real leadership and get everyone in the room to map a bipartisan comprehensive strategy forward. It’s time for Cooper to quit playing election-year politics with people's lives and livelihoods.


Will Cooper man up for the task or shrink away behind the podium. My bet. We get more of the same. It’s an election year and it's all about Cooper not the people of North Carolina.

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