Allison Riggs Profile picture
Aug 19 17 tweets 15 min read
BREAKING: in @ncnaacp case, NC Supreme Court explains constitutional limits on the power of lawmakers elected under racially gerrymandered maps. @selc_org @KymHunteratlaw #ncga #ncpol #nccourts (1/?) (tweeting as I read)
@ncnaacp @selc_org @KymHunteratlaw Justices released an opinion that creates important guardrails for democracy in North Carolina, but the case in question will be sent back to the trial court for further proceedings with detailed instructions. #ncga #ncpol #nccourts (2/?)
@ncnaacp @selc_org @KymHunteratlaw ICYMI: Unlike nearly half of all other states in the U.S. (data via @usciri), NC voters do not have the power to initiate referendums — a process that allows them to put constitutional changes to a vote by the people #ncga #ncpol #nccourts
NC fact: Constitutional changes in NC originate in the legislature, whether they initiate a change themselves or vote to approve a “Convention of the People” #ncga #ncpol #nccourts (losing track of how many tweets there will be)
From the opinion: “Constitutional amendments can work dramatic changes to our system of government that cannot easily be revisited.” #ncga #ncpol #nccourts #truth
“Unlike ordinary legislation, a new constitutional amendment can fundamentally change or repudiate then-existing constitutional provisions and principles.” #ncga #ncpol #nccourts
BIG: today's from the NC Supreme Court is very narrow and shows great judicial restraint balanced against the need to protect individual rights and the need to protect the constitution from a co-equal branch of government overstepping their authority #ncga #ncpol #nccourts
The ruling also *technically* rejects the usurpers argument (usurpers are people who illegally take power)… will break this down next as I keep reading #ncga #ncpol #nccourts
quick read -ruling instead says officials serving de facto (positions that exist in reality but are not sanctioned) may not have the same power to initiate changes to the constitution as officials serving de jure (positions acquired rightfully and lawfully) #ncga #ncpol #nccourts
This has always been my biggest beef: The issue at its core in this case is whether legislators elected from illegally-crafted districts disenfranchising voters had complete power to initiate the process of changing the North Carolina Constitution #ncga #ncpol #nccourts
QUOTABLE POINT: The most fundamental principle that all political power resides with and flows from the people of North Carolina would be threatened if lawmakers were to assume power unconstitutionally and then start the process to alter or abolish that same constitution.#ncpol
I'm messing up some of this threading bc reading so quickly, but TL;DR: The ruling found that the NC Constitution imposes limits on legislators who were elected under racially-discriminatory voting maps to initiate a process to amend the state Constitution. #ncga #ncpol #nccourts
trying to break this down, but TL;DR cont: It also found the lower court’s order invalidating the two challenged amendments (voter ID and tax cap) swept too broad, and it gave instructions for how the trial court should proceed with the case. #ncga #ncpol #nccourts
A key piece of the ruling also states that ratification by the voters of the two challenged constitutional amendments (voter ID and tax cap) does not render the procedural requirements of the Constitution irrelevant. #ncga #ncpol #nccourts
Boom: Justices: to conclude otherwise would “flagrantly disregard the people of North Carolina’s choice not to permit constitutional amendment by citizen initiative or popular referendum, in contrast to the choices made by the citizens of certain other states.” #ncpol #nccourts
As for the dissent — it would be easy for me to break that down, but tired of speed reading and I think the Court said it best in its opinion… #ncga #ncpol #nccourts
“In a caustic and unprecedented manner, the dissent suggests that our resolution of this case can only have resulted from pure partisan bias and intellectual dishonesty. This accusation is beneath the dignity of this Court.” #ncga #ncpol #nccourt

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