1. United States
  2. N.C.
  3. Letter

Oppose SB 58: AG/Restrict Challenge to Presidential EOs

To: Sen. Lee, Rep. Butler

From: A constituent in Wilmington, NC

February 11

I cast a vote for our state Attorney General because I wanted someone in place who would stand up to the General Assembly. I did not elect him so that the General Assembly could try to violate the separation of powers and control an office they were not elected to. Limiting the AG’s legitimate constitutional powers is a violation of every North Carolinian’s rights and no past or present piece of legislation changes that fact. I believe that our Democracy will end if the President continues unchecked, and that anyone who votes for this bill will share the blame. I also signed a petition that outlines why this is unethical and unconstitutional. The text of that petition follows: The proposed legislation to prohibit the North Carolina Attorney General from challenging presidential executive orders in court raises serious concerns about protecting the rights and interests of state residents. As the state's chief legal officer, the Attorney General has a fundamental duty to uphold the Constitution and ensure the lawful exercise of governmental power. Unduly restricting the Attorney General's ability to make legal arguments undermines this core responsibility and compromises the system of checks and balances. Preventing the Attorney General from contesting executive orders deemed unconstitutional or harmful to the state deprives North Carolinians of a critical legal safeguard. Executive orders can have far-reaching consequences, impacting various aspects of citizens' lives, from civil rights to access to federal programs and resources. The Attorney General must have the latitude to scrutinize these orders and mount legal challenges when warranted to shield the state and its residents from overreach or unconstitutional actions. Moreover, this legislation infringes upon the separation of powers, allowing the executive branch to operate unchecked by the state's legal authority. A robust democracy relies on independent branches of government serving as checks on each other's power. Curtailing the Attorney General's authority to question executive actions undermines this foundational principle, setting a dangerous precedent that could lead to further erosion of accountability. I urge you to reject this proposed legislation and preserve the Attorney General's ability to fulfill their constitutional obligation to protect the rights and interests of all North Carolinians. Upholding the rule of law and maintaining a balanced system of government should be paramount concerns for our elected representatives.

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