Governor Roy Cooper Assaults Separation of Powers

An impending decision from the North Carolina Supreme Court could threaten a core tenet of the state’s constitution: the separation of powers.

At issue is whether a judge can order state executive-branch officials to open the treasury and transfer $785 million to state agencies without the consent of the elected North Carolina General Assembly. The decision could open the door to billions of dollars of additional court-ordered spending in future years. The state constitution clearly directs that only the legislature can appropriate state money.

DK

About the Author

Donna King

Donna King is editor in chief at the Carolina Journal, a North Carolina based news outlet and a project of the John Locke Foundation.

Featured Tags

Manage following

North Carolina

Separation of Powers

An impending decision from the North Carolina Supreme Court could threaten a core tenet of the state’s constitution: the separation of powers.

At issue is whether a judge can order state executive-branch officials to open the treasury and transfer $785 million to state agencies without the consent of the elected North Carolina General Assembly. The decision could open the door to billions of dollars of additional court-ordered spending in future years. The state constitution clearly directs that only the legislature can appropriate state money.