Reforming the Emergency Management Act is about good governance, regardless of who resides in the governor’s mansion. No individual should have the power unilaterally to deprive citizens of their liberty for an extended period. Reforms would still allow for rapid responses for true emergencies.
On March 17, 2020, Gov. Cooper used emergency powers to shut down restaurants and bars to in-person eating and drinking, and he did so without concurrence from the Council of State, as required by the EMA. Cooper then claimed authority elsewhere in state law, setting a dangerous precedent that legislators must fix by reforming the EMA.
State law allowing ballots to be returned up to three days after election day if postmarked by election day creates confusion and opportunities for mischief. Those who vote by mail should submit their ballot by election day.
The North Carolina Emergency Management Act (EMA) delegates too much power to the executive branch and provides too little legislative guidance and oversight. This article proposes specific changes to the EMA to correct these deficiencies and restore the separation of powers guaranteed by the North Carolina State Constitution.
The first three counts are concerned with the discriminatory way Cooper has applied the Emergency Management Act. The last two counts, on the other hand, point to problems with the EMA itself — problems that can only be solved by amending the act.
To protect us from collusive settlements designed to circumvent NC laws, especially election laws, the General Assembly needs to strengthen and clarify G.S. 1-72.2(b) so that judges cannot cut legislative intervening defendants out of the loop on such settlements. This brief explains why and how.
Free people should never have to prove they have a right to live their lives free from government interference. Instead, it is the government that bears the burden of justifying the restrictions it wishes to impose, and the more severe the proposed restrictions, the stronger the justification must be.
posted December 9, 2020 by Dr. Donald R. van der Vaart
Iif the procedure for absentee ballots described above is to be changed, only the state legislature can do it under the U.S. Constitution. That did not happen in the states named in the Texas lawsuit — Michigan, Pennsylvania, Georgia, and Wisconsin. It didn't happen in North Carolina, either.
Prior to the election, I emphasized the importance of the upcoming judicial races in North Carolina and urged voters to “choose wisely.” Judging by the results, I think they did. Compared with past years, an unusually high percentage of voters took the time to vote for judicial candidates this time around.
Cooper will continue to occupy the Governor’s mansion, and he’s made it very clear he intends to go on issuing lockdown orders without COS concurrence. Which raises a question for those of us who still object to those orders: what can we do about them now?
John Locke Updates by Year
John Locke Updates by Author
by Update Type
John Locke Updates by Category
Copyright 2021 John Locke Foundation. All Rights Reserved