Mike Parker: Erosion of separation of powers hits our pocketbooks
Lately, I have given several presentations on North Carolina’s Constitution. In my experience, most citizens know our state has a constitution, but few have ever seen a copy – and fewer still have ever read the document.
The North Carolina Constitution of 1776 was co-authored by political philosopher John Locke, the single greatest influence on the founders of this nation. Locke is best known for two treatises he wrote on government. The principles he outlined became the bedrock of not only the American political system but also the political system of North Carolina to this day. Our current constitution is largely based on the Constitution of 1776.
Locke’s basic tenants of government include these principles. People have rights, such as the right to life, liberty, and property. These rights exist independent of the laws of any particular society. Legitimate government and its powers are based on a social contract between the people and the government. People conditionally transfer some of their rights to government in order to better ensure the stable and comfortable enjoyment of their lives, liberty, and property.
In order to rein in the power of government, Locke also advocated separation of powers. Powers need to be divided among the various branches and levels of government.
For example, U.S. government has three branches: executive, legislative, and judicial. A presidential veto is the executive branch regulating the legislative branch. Of course, the legislative branch can override a veto with a two-thirds vote in both the House and Senate. The courts are charged with measuring the legitimacy of a new law by the U.S. Constitution and may overturn a piece of legislation found unconstitutional.
We also have levels of government: federal, state, and local. Each level of government has prescribed responsibilities. Most officials answer to voters, so the ultimate power – at all levels – rests with the people.
However, as things have unfolded, the practice of “separation of powers” has suffered economic undermining through the practice of “mandates,” many of them “unfunded mandates.” In the case of an “unfunded mandate,” a higher level of government demands a lower level of government to provide certain services, but the higher level does not pay for the services.
Government mandates impact education, environmental protection, and healthcare, to name but a few. Like most government programs, the intent may be good, but the demands create unintended consequences.
Let’s bring this issue closer to home. Every two years, we elect certain members of our board of county commissioners. We trust the commissioners to use good judgment when they determine how our tax money will be spent – and how much we will pay in property and sales taxes. When taxes go up, most of us are not happy. The commissioners are the ones we call to account.
Do you have any idea how much of the Lenoir County budget our commissioners actually control? At most, only 22 percent of the county budget is spent at the discretion of the commissioners. Seventy-eight percent of the budget is allocated to meet mandates.
In the Budget Transmittal Letter, County Manager Michael James wrote: “It is important to note that 78.26% ($53,398,217) of the recommended General Fund Budget is appropriated for mandated services. Mandated services include, but are not limited to, social services, public health, debt services, law enforcement and education.”
The commissioners must appropriate certain levels of funding just to satisfy these mandates, so when we hear that the county budget tops $68 million, please do not think the commissioners are on a spending spree. Mandated spending claims more than $53 million of that total.
Let me submit an innovative idea: Governments at each level should only spend money generated at that level.
The state government should determine how state revenues are spent. We elect representatives to the NC House and Senate to manage the state budget. State officials should not dictate how county tax dollars are spent. We did not elect representatives to the state House and Senate to do so. County commissioners should be free to determine a county’s budget and spending based on what the commissioners determine best meets the needs of the people who elected them.
Were that to happen then I, as a voter, could hold officials at any level responsible for how they tax me – and how they spend my money. Such a process would eliminate much of the blame-shifting that takes place now.
Mike Parker is a columnist for Neuse News. You can reach him at mparker16@gmail.com.