State ex rel. McCrory v. BergerAnnotate this Case
Plaintiffs challenged legislation that authorizes the General Assembly to appoint a majority of the voting members of three administrative commissions, alleging that, by giving itself the power to appoint commission members, the General Assembly had usurped the Governor’s constitutional appointment power and prevented him from performing his constitutional duty to take care that the laws are faithfully executed. The superior court determined that the challenged appointment provisions did not violate the appointments clause but did violate the separation of powers clause. The Supreme Court modified and affirmed in part and vacated in part, holding (1) the appointments clause places no restrictions on the General Assembly’s ability to appoint statutory officers; but (2) the challenged provisions violate the separation of powers clause because the legislative branch has exerted too much control over commissions that have final executive authority and thus interfered with the Governor’s ability to take care that the laws are faithfully executed.