Editorial: Does N.C. Constitution really endorse partisan legislative dictatorship?

CBC Editorial: Saturday, Dec. 23, 2023; # 8894

The following is the opinion of Capitol Broadcasting Company

Did the drafters of North Carolina’s state constitution – as rewritten and adopted in 1868 so the state could be readmitted into the union after the Civil War – intend for the majority political party in the General Assembly to enshrine itself in power for perpetuity?

To follow the contorted logic of state Supreme Court Chief Justice Paul Newby, the answer is yes. Our assessment, based upon Newby’s comments at political rallies and partisan campaign forums, is he’s embraced such judicial contortions given the partisan persuasion of those doing the enshrining.

This spring Newby, citing the state’s constitution, declared that “all political power resides in the people.” Not such an astonishing notion, in and of itself. But he continues: “The people exercise that power through the legislative branch, which is closest to the people and most accountable through the most frequent elections.”

Does Newby believe the courts have a role in determining whether the legislature is doing its job to assure MEANINGFUL “free” and “frequent” elections?

Nope. Here’s Newby’s justification to dodge his judicial duty. “Judicial interpretations of that (state Constitution) text should consistently reflect what the people agreed the text meant when they adopted it. There are no hidden meanings or opaque understandings — the kind that can only be found by the most astute justice or academic. …

“The constitution does not provide a judicially discoverable or manageable standard, or resolution of the matter involves policy choices. Such matters are deemed political questions and are nonjusticiable. … “Courts are not designed to be thrust into the midst of various political disputes. Such engagement in policy issues forces courts to take sides in political battles and undermines public trust and confidence in the judiciary. Choosing political winners and losers creates a perception that courts are another political branch.”

So, Newby believes elections in North Carolina should be no different than those in, say Russia, where things are set up so Vladimir Putin and his loyalists always win.

In North Carolina, the latest congressional district voting maps adopted by the General Assembly do just that. Legislative leaders virtually guaranteed Republican victories in at least 10 of the 14 seats, consigning Democrats to three urban districts and one toss-up that is trending toward Republicans, according to analysts who have reviewed the plan.

Following Newby’s logic, they could have gone even further, giving the GOP a majority in as many as 13 of the 14 districts — but that would mean facing real competition from Democrats. Instead, they locked in their advantage behind a “red wall” high enough to withstand even a strong “blue wave” election.

If Newby and his followers on the state’s high court continue along their current path, elections will be meaningless affirmations anointing perpetual power to those in office. That is NOT what the American Revolution was about, not what a democracy is about and not the way of life and liberty generations of brave Americans have fought and died to protect.

Newby needs to do his job and stop finding excuses for judicial actions that embrace: twisted logic, misguided notions of what state Constitutional founders intended, and; judgments that are based on personal partisanship rather than the law and common sense.

Our founders understood and intended that free elections must assure as many eligible voters as possible have the opportunity to cast ballots.

And frequent elections allow for MEANINGFUL representation of ALL North Carolinians in Congress and the state legislature.

Remember, when judges and justices rise to the courtroom bench, they must stop off their political soap box.

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