Bill > H678

Introduced Session

AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROVIDE THAT THE GOVERNOR DOES NOT HAVE STATEWIDE EMERGENCY POWERS WHICH PERMIT HIM TO RULE BY DECREE FOR AN INDEFINITE PERIOD OF TIME, TO PROTECT THE CONSTITUTIONAL RIGHTS OF THE PEOPLE DURING A STATE OF EMERGENCY, TO TRIGGER A SPECIAL SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY UPON THE CALLING BY THE GOVERNOR OF A STATEWIDE STATE OF EMERGENCY, TO RESTORE THE ACTUAL INTENT OF THE EMERGENCY MANAGEMENT ACT, AND TO REQUIRE GENERAL ASSEMBLY APPROVAL OF EMERGENCY MEASURES LASTING MORE THAN TWO WEEKS. Whereas, the Constitution of the United States and the Constitution of North Carolina guarantee inalienable rights of the people such as the right to peacefully assemble, freedom of religion, and several other rights; and Whereas, Article I, Section 6 of the North Carolina Constitution guarantees the separation of powers between the legislative, executive, and judicial branches; and Whereas, Article I, Section 7 of the North Carolina Constitution provides that "All power of suspending laws or the execution of laws by any authority, without the consent of the representatives of the people, is injurious to their rights and shall not be exercised."; and Whereas, Article I, Section 19 of the North Carolina Constitution guarantees all people the equal protection of the law; and Whereas, Article I, Section 21 of the North Carolina Constitution provides that "Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the restraint if unlawful, and that remedy shall not be denied or delayed."; and Whereas, Article II, Section 1 of the North Carolina Constitution provides that all "legislative power of the State shall be vested in the General Assembly"; and Whereas, the Governor only has those emergency powers expressly granted by the General Assembly in the Emergency Management Act, G.S. 166A-19, et. seq., which is statutory only and cannot be used to indefinitely suspend rights guaranteed to the people under the federal and State constitutions and which requires approval of the Council of State before most gubernatorial measures can be implemented; and Whereas, during the COVID-19 pandemic, the Governor of North Carolina used a state of emergency to rule by decree for over a year; and Whereas, the Governor, through executive orders, deprived people of the enjoyment of many constitutional rights, such as the right to peacefully assembly, to worship freely, to educate their children, and to be gainfully employed to earn a living and pay their bills; and Whereas, this abuse of power by the Governor threw thousands of people out of work, closed many businesses (while leaving others open without explanation), implemented curfews, implemented mandates, closed churches, closed schools, prohibited the gathering of 10 or more persons, required people to stay home, and other abuses; and Whereas, these orders deprived people of work and livelihoods, caused many businesses to fail, often resulting in the destruction of people's lifetime work and dreams, deprived children of their education and kept them separated from friends, harmed the mental health of thousands, and did incalculable additional damage to the State and its people; and Whereas, the irreparable damage done by the Governor was not based on science but upon the whims of the Governor in violation of the North Carolina Constitution which vests all legislative power of the State in the General Assembly and which protects the fundamental rights of the people; and Whereas, these executive orders were in violation of the Emergency Management Act, which requires the consent of the Council of State before the Governor can take such actions; and Whereas, the Governor did not provide the scientific basis for many executive orders issued under the guise of fighting COVID-19 and the Governor never cited any constitutional authority for these actions; and Whereas, these actions by the Governor, which severely damaged the State and its people, were without benefit and did not have the claimed effect against COVID-19; and Whereas, other states that did not shut down or which took actions far less draconian and of much shorter duration than the Governor took in North Carolina did just as well or better against COVID-19 than experienced in this State; Now, therefore,

Committee Categories

John Blust (R)*,  Mark Brody (R), 

Ref To Com On Rules, Calendar, and Operations of the House (on 04/03/2025)

Official Document