House advances bills to rein in Governor’s powers, support term limits & oppose federal overreach

[NC House GOP] The Republican-led North Carolina House has approved several important bills this legislative session to defend the Constitution and protect the personal freedoms and liberties of North Carolinians. This includes legislation to rein in the Governor’s unilateral emergency authority, support term limits for members of Congress and oppose federal overreach over state election laws.

Here is a full breakdown of the bills approved so far this session:

✓ Rein in Governor’s Unilateral Emergency Authority (House Bill 264)

House Bill 264 strengthens current law to require the Governor to seek the concurrence of the Council of State when issuing a state-wide declaration of emergency beyond thirty days. The Governor had previously asked for Council of State approval for his first shut down order back in March 2020, but then switched legal theories when some Council of State members raised questions. Due to this loophole, the Governor can now unilaterally declare a state of emergency and continue issuing executive emergency orders as long as he or she desires.

✓ Support Term Limits for Members of Congress (House Joint Resolution 172)

House Joint Resolution 172 applies to the United States Congress for a Convention of the States to propose an amendment to the United States Constitution to impose term limits on members of Congress.

✓ Prevent Governor from Mandating COVID-19 Vaccine (House Bill 572)

House Bill 572 prohibits the Governor from using an executive order to require that an individual receive a COVID-19 vaccine.

✓ Oppose Federal Overreach Over State Election Laws (House Joint Resolution 330)

House Joint Resolution 330 expresses the members of the General Assembly’s opposition to any federal action infringing upon the state’s Constitutional authority to manage, control, and administer elections, effective upon ratification. It would also express opposition to H.R. 1 and implore members of Congress to oppose H.R. 1.

✓ Urge Congress to Maintain Nine U.S. Supreme Court Justices (House Joint Resolution 286)

House Joint Resolution 286 would urge Congress to maintain nine U.S. Supreme Court Justices. The Supreme Court has been composed of nine justices for more than 150 years, and the President and Congress should not undermine the independence of the Supreme Court by packing the court with more liberal justices.

✓ Prevent Abortions Based on Race, Gender and Down Syndrome (House Bill 453)

House Bill 453 prohibits abortions based on race, gender or the diagnosis of Down syndrome. Specifically, House Bill 453 would prohibit individuals from performing an abortion unless a physician has confirmed the abortion is not being sought because of the actual or presumed race or sex of the unborn child or the presence or presumed presence of Down syndrome.

✓ Protect Private Property Rights from Eminent Domain Abuse (House Bill 271)

House Bill 271 proposes the North Carolina Constitution be amended to prohibit condemnation of private property except for a “public use” and to require the payment of just compensation for the property taken in an amount to be determined by jury trial, if requested, by any party. Current law allows condemnation for “public use or benefit.”