North Carolina Constitutional Law Law News - North Carolina Legislature Passes Amendment Limiting Governor's Emergency Powers
On February 14, 2026, the North Carolina General Assembly approved a constitutional amendment that significantly limits the powers of the governor during states of emergency. The amendment, which passed along party lines with Republicans supporting it and Democrats opposing it, marks a major shift in the balance of power between the executive and legislative branches in the state.Under the new amendment, the governor's emergency powers will now be subject to approval by a majority vote of the legislature. This means that any executive orders issued by the governor during a state of emergency will need to be ratified by the General Assembly within 30 days in order to remain in effect. Additionally, the governor will no longer have the authority to unilaterally extend states of emergency beyond 30 days without legislative approval.Proponents of the amendment argue that it is necessary to ensure accountability and transparency in the decision-making process during times of crisis. They contend that the governor should not have unchecked authority to impose far-reaching restrictions on the public without input from the elected representatives of the people.Opponents, on the other hand, argue that the amendment undermines the governor's ability to respond swiftly and effectively to emergencies. They point out that requiring legislative approval for emergency measures could lead to delays and bureaucratic hurdles that could hinder the state's ability to combat natural disasters, public health crises, or other emergencies.Governor Sarah Smith, a Democrat, has expressed disappointment with the passage of the amendment, calling it a "power grab" by the Republican-controlled legislature. She has vowed to challenge the constitutionality of the amendment in court, arguing that it infringes on the separation of powers outlined in the state constitution.The amendment will now be put to a statewide referendum in the next general election, where voters will have the final say on whether to enshrine these changes to the governor's emergency powers in the state constitution. Until then, the amendment will remain in effect, potentially shaping the state's response to future emergencies for years to come.