According to a recent article about the failure of the General Assembly to approve Governor Perdue’s appointments to the State Board of Education,
…ignoring the appointments for more than a year runs counter to what the state Constitution intends and how the state should be run, said Phil Kirk, a past chair of the State Board of Education who also served as chief of staff for former Republican Govs. Jim Holshouser and Jim Martin.
Certainly, the intent of the framers of the NC Constitution is open to debate. But Constitutional language is not. Article IX, Section 4, Subsection (1) states,
The State Board of Education shall consist of the Lieutenant Governor, the Treasurer, and eleven members appointed by the Governor, subject to confirmation by the General Assembly in joint session. The General Assembly shall divide the State into eight educational districts. Of the appointive members of the Board, one shall be appointed from each of the eight educational districts and three shall be appointed from the State at large. Appointments shall be for overlapping terms of eight years. Appointments to fill vacancies shall be made by the Governor for the unexpired terms and shall not be subject to confirmation.
The Constitution does not provide a time frame for State Board of Education appointments. The legislature’s delay in confirming those appointments does not appear to violate the Constitution. Of course, if their actions are unconstitutional, I would urge the appropriate parties to sue the General Assembly immediately.
Do legislative leaders have political motives for withholding confirmation? Probably. Politicians often have political motives for engaging in politics.
