Post by Logan on Jan 30, 2016 2:31:14 GMT -6
NC legislature overreached in creating coal ash commission, justices rule
RALEIGH -- The North Carolina Supreme Court ruled Friday that legislators overstepped their authority in 2014 when they created the Coal Ash Management Commission and two others like it to carry out functions that belong to the executive branch.
The ruling comes slightly more than a year after Gov. Pat McCrory and several former governors sued N.C. Senate leader Phil Berger and House Speaker Tim Moore, as well as appointed members of the coal ash commission.
“We hold that, while the appointments clause itself places no restrictions on the General Assembly’s ability to appoint statutory officers, the challenged provisions violate the separation of powers clause,” the justices said in their ruling.
“In short, 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.”
Read more here: www.charlotteobserver.com/news/politics-government/article57279218.html
RALEIGH -- The North Carolina Supreme Court ruled Friday that legislators overstepped their authority in 2014 when they created the Coal Ash Management Commission and two others like it to carry out functions that belong to the executive branch.
The ruling comes slightly more than a year after Gov. Pat McCrory and several former governors sued N.C. Senate leader Phil Berger and House Speaker Tim Moore, as well as appointed members of the coal ash commission.
“We hold that, while the appointments clause itself places no restrictions on the General Assembly’s ability to appoint statutory officers, the challenged provisions violate the separation of powers clause,” the justices said in their ruling.
“In short, 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.”
Read more here: www.charlotteobserver.com/news/politics-government/article57279218.html