Democratic lawmakers in North Carolina introduced a trio of constitutional amendments this week aimed at protecting traditional powers of the state's governor and reforming oversight of its court system. The effort was prompted in part by ProPublica reporting that found Republican lawmakers had pushed through numerous laws shrinking gubernatorial authority over nearly a decade, leaving the Democratic governor with what experts describe as some of the nation's weakest executive powers.
The eight Democrats sponsoring the measures acknowledged at a Wednesday press conference that passage is unlikely given Republican majorities in both chambers. However, they argued that proposing the changes as constitutional amendments rather than statutory revisions would make them more durable against future partisan shifts.
What the Right Is Saying
Republican leaders in the House, Senate and court system did not respond to requests for comment on the bills. Spokespeople for the North Carolina Supreme Court and Judicial Standards Commission declined to comment or respond to detailed questions about specific matters cited by Democrats.
Republican officials have previously defended power transfers during the decade of Democratic governors, pointing out that voters also elected GOP legislative majorities in multiple election cycles. The party holds supermajority control in both chambers following recent elections.
Conservatives have argued that limits on gubernatorial authority reflect appropriate separation of powers and prevent any single executive from wielding excessive influence over state government. Supporters have maintained that such checks are especially important when different parties control the governor's office and legislature.
What the Left Is Saying
Rep. Phil Rubin, primary sponsor of one bill, said the measure would bar the legislature from stripping away additional gubernatorial powers and block majority leaders from what he called government by ambush tactics that spring major legislation on the minority and public without notice. "Republicans won't always be in the majority," Rubin said. "And when they're not, they're going to suddenly think these are great rules. So let's do them now."
Rubin cited ProPublica's reporting as evidence of why such protections are needed. He argued voters should have the opportunity to secure their constitution, demand absolute transparency in lawmaking and ensure that people rather than backroom deals have the final say.
Rep. Marcia Morey authored a second amendment targeting judicial oversight. Her bill would make disciplinary hearings and sanctions by the Judicial Standards Commission public rather than cloaked in secrecy. The measure would also change how commission members are appointed, currently controlled by Republican legislative leaders and conservative Chief Justice Paul Newby, dividing appointments equally among the chief justice, governor and North Carolina State Bar.
"Who makes decisions about discipline and who appoints the decision-makers are critical to making the system fair and effective," Morey said. She called her proposal essential to preventing what she described as weaponization of judicial disciplinary processes against Democratic justices.
Rep. Deb Butler sponsored the third amendment addressing justice recusal. The bill would disqualify state Supreme Court justices from hearing cases in which family members are parties, a provision targeting Justice Phil Berger Jr., who has ruled in multiple cases where his father, Senate leader Phil Berger Sr., is a defendant. "People deserve complete confidence in the integrity of their court," Butler said.
What the Numbers Show
Republicans hold a 72-48 majority in the North Carolina House and a 30-20 advantage in the Senate, giving them supermajority control in both chambers capable of sustaining veto overrides. This means even if Governor Roy Cooper or his successor were to sign the amendments into law, Republicans could not pass equivalent measures without Democratic support.
ProPublica documented approximately two dozen laws enacted between 2013 and 2022 that shifted power from the governor's office to the legislature. These included transfers of control over state boards, appointments to various entities and executive prerogatives previously belonging to the governor.
The Judicial Standards Commission currently has seven members: three appointed by legislative leaders through a process controlled by Republican majorities, two appointed by Chief Justice Newby and one each from the Governor's office and North Carolina State Bar. Under Morey's proposal, appointments would be divided evenly among those three entities.
Justice Phil Berger Jr. participated in at least four cases involving his father as a defendant in his legislative capacity before the state Supreme Court ruled he could continue presiding over such matters after recusal requests were denied by the court's Republican majority.
The Bottom Line
The Democratic proposals face significant obstacles given current legislative arithmetic, and sponsors acknowledge their measures are unlikely to advance during this session. However, framing them as constitutional amendments rather than statutory changes signals a longer-term strategy aimed at future election cycles when political control may shift.
Critics of the GOP power transfers say they have created structural advantages that persist regardless of which party holds the governor's office. Proponents counter that voters have repeatedly chosen divided government and that such checks reflect democratic accountability.
What to watch: Whether any Republican lawmakers break with leadership to publicly engage on specific provisions, particularly around judicial transparency where public opinion polls have shown broad support across party lines for disclosure requirements.