Constitution wins: Justices rightly distinguish between executive and legislative powers

North Carolina Gov. Pat McCrory won a big victory the other day against the leaders of the Legislature.

And in doing so, he also won one for the state Constitution.

McCrory had sued the Legislature for making appointments he said rightfully belonged to the executive branch of the government in Raleigh. The appointments were to an industrial committee overseeing coal ash pits, along with two other environmental regulatory committees.

The N.C. Supreme Court ruled that "the legislative branch has exerted too much control over commissions that have final executive authority. By doing so, it has prevented the governor from performing his express constitutional duty to take care that the laws are faithfully executed."

North Carolina has traditionally had a "weak" governor and a "strong" Legislature. Appointments are one area in which the governor has power. It is good that the balance among the three branches has been expressly delineated by the court. House and Senate leaders have enough power as it is.

Published in Editorials on February 1, 2016 11:33 AM