Published June 23, 2022
By Tom Campbell
Lately, I’ve been thinking about the word balance. We refer to a well-balanced life as one with equilibrium between work, family and recreation. A well-balanced diet includes a proper mix of the food groups. In government we talk about the balance of power, indicating that the three branches - legislative, executive and judicial – have checks and balances so that no one branch becomes too dominant. Balance is a good thing.
North Carolina has been seeking balance since our earliest times.
Shortly after the Declaration of Independence, and in anticipation of statehood, North Carolina’s 5th Provincial Congress tasked Richard Caswell to head a drafting committee to write our first Constitution, which they presented in December 1776. That document expressed the belief of most colonists that no one person (in their case the British King) should have too much power over their affairs. Accordingly, our first constitution established the three branches of government, but gave the true power to the Assembly, the only leaders then elected by the people. The governor was appointed by the Assembly for a one-year term.
By 1835, people determined the power equation was out of balance, especially those in the growing Piedmont and Western sections of the state. Eastern legislators dominated the agenda, and the other regions felt their interests weren’t being heard. A state constitutional convention was called that year and, among amendments later approved by the voters, the Governor became an elected, not appointed official. It was hoped this would result in a better balance of power, since all the voters in the state would elect our chief executive. Through the years we have had some very influential governors, but the legislature unquestionably holds the power and, until the last 20 years or so, that body was largely controlled by members east of I-95.
As former British Prime Minister William Pitt, for whom our Pitt County is named, wisely said, “Unlimited power corrupts the possessor.” North Carolina has been blessed with examples of wise leadership from our General Assembly, but there have been times when they wielded too much power. Seeking to rebalance the power scales, in 1996 North Carolina became the last state in the union to give the governor the power to veto legislation.
From its inception there have been 99 gubernatorial vetoes, 64 of them issued by Governor Roy Cooper since he took office in 2017. Since 2018 all his vetoes have been sustained because enough Democrats were elected to negate absolute power by Republicans.
GOP legislators maintain Cooper has been a stumbling block to passage of good legislation. Many others just as steadfastly believe that most of those vetoes were justified and our balance of power equilibrium was restored.
I subscribe to the latter. Jim Martin, a Republicans became governor and even with what can only be described as a “hostile” legislature dominated by Democrats, had a very good record for passing legislation. Martin was a conservative, but also a pragmatist and adept at getting votes from Democrats. During Martin’s tenure moderates of both parties dominated on Jones Street and lawmakers could sometimes be persuaded to put aside party loyalty for the good of the state. Not so much today.
Whereas Caswell and the drafters of our first constitution never envisioned political parties, or the resultant lockstep allegiance and votes from them, we are now experiencing factions within each party, creating another form of imbalance.
In 2010 Republicans convinced the state’s voters that Democrats had ruled our legislature too long and they could be more responsive and accountable. The first couple of years they passed some good legislation, but then the extreme faction of their caucus started demanding and taking control. Then-Speaker Thom Tillis once told me his biggest job was trying to keep his caucus’ factions together enough to pass bills. I believe one reason he decided to run for the US Senate is because managing those factions had become so difficult.
HB2, the so-called bathroom bill, passed in 2016 is a poster child of unbalanced power. There are current examples, such as the “Parents Bill of Rights” legislation I wrote about last week and blatant power grabs to remove or minimize the Governor’s ability to appoint public boards and commissions. Need we remind you what has happened with the UNC Board of Governors, Community College, Board of Elections and now is being hinted to be done with the State Board of Education?
We repeat that balance is a good and desirable thing, and that once again North Carolina’s government is out of balance. What will it take to restore equilibrium?
We’ve tried solutions before, but the problem persists. There is only one solution to power imbalances in state or local governments: Voters. The 7,312,000 voters of our state need to be reminded that THEY, not the governor or our legislators are the ones with real power in North Carolina. They have the chance to restore balance in November at the ballot box.