Once the legislature voted to return to a regular session from the veto session, the legislature could – and did – take up other pending legislation properly before it, including veto overrides. The legislature is, of course, able to vote on resolutions during a veto session. Governor Perdue -– the adjournment resolution for the veto session modified the adjournment resolution for regular session. The process for taking that vote was identical to the 2007 process approved by then Speaker Hackney and Lt. Here's his take via email:ĭuring last week’s reconvened veto session scheduled by the Governor, the General Assembly simply voted to come back into regular session from a break in the regular session.
In an email, he explained why he, too, believes the procedure was constitutional. House Speaker Thom Tillis’s legal counsel Jason Kay is a former NCICL attorney. And they can set that for any day” she explained. “The Constitution has a specific provision that says that the House and the Senate can specify their own adjournment, when they’ll reconvene in the future. “They had reconvened, and then decided to modify their adjournment resolution,” she said. “Any action that was taken after that, since it was a specially-called session by the governor, is fundamentally unconstitutional under the provision of the constitution that says when you’re called back to do an override, that is limited to the issue of the override.” He said lawmakers were called back to Raleigh to consider only the veto of the Racial Justice Act repeal. And, he said, it violates the First Amendment because it’s punishing NCAE for protected political speech and assembly.Īlso unconstitutional, Glazier says, was the process of the late-night override.
He says it also violates the “equal protection” clause because it applies to teachers’ groups, but not to the state’s biggest employee organization, SEANC, which also uses payroll dues deduction. Glazier says the law violates the constitutional prohibition of “bills of attainder” – legislation aimed at punishing a person (and under Citizens United, NCAE is a “person”) without due process. Rick Glazier (D-Cumberland), a law professor, thinks the law will ultimately be found unconstitutional on a number of counts.
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