The governors say they hope the courts will preserve a separation of powers in the state government by declaring the commissions unconstitutional. One of the more prominent commissions has been tasked with overseeing Duke Energy’s coal ash cleanup in the state.
McCrory said in a statement Thursday that some recently created commissions have executive branch powers but aren’t accountable to the governor’s office. He said these commissions’ members should be appointed by the governor and not the legislature.
“I have a duty to the people of North Carolina and future governors to protect the longstanding principles enshrined in our state’s constitution,” McCrory said.
Also mentioned in the statement were the proposed board of the Department of Medical Benefits and the proposed Social Services Commission.
McCrory is trying to assert the authority of the executive branch, said Ferrel Guillory, UNC journalism professor and director of the Program on Public Life. Guillory said that Hunt, a Democrat, and Martin, a Republican, are bolstering the claims.
Michael Crowell, a UNC School of Government professor, said this sort of controversy is not new — disputes over the legislature gaining too much executive power have occurred for more than 30 years.
He said the legislature appoints members of the commissions to enforce existing regulations and perform investigations, which the governors are claiming to be executive duties.
“They are created by the legislature, but they may have an executive function,” Crowell said.
