Earlier this week state Attorney General Wayne Stenehjem issued an opinion stating that legislation passed earlier this year to limit the powers of the state Auditor would likely be found to be unconstitutional if it were challenged in court. Now at least one legislative leader – Senate Majority Leader Rich Wardner, a Republican from Dickinson…
No, Senator Wardner, the Legislature Is Not in Charge of the Auditor
The American system of government is built around the concept of distributing the powers of government over multiple branches. At the state level its implementation can vary from one jurisdiction to the next, but that core concept persists wherever you go in the country. For good reason. It’s a solid concept, one requiring some degree…
Burgum’s Right That the Legislature’s Delegation of Powers to an Interim Committee Is Unconstitutional
Today Governor Doug Burgum announced that he has vetoed SB2055. You can read his veto statement and accompanying letter explaining his decision below. In his letter, Burgum quotes from a state Supreme Court ruling, Legislative Assembly vs. Burgum, settling a dispute between the Legislature and his administration over vetoes (where Burgum mostly lost) and the delegation…
Republicans Supporting Trump’s Border Emergency Are Acting Like We’ll Never Have Another Democratic President
Even despite signing a compromise deal from Congress which funds a portion of his border wall priority, President Donald Trump has decided to go nuclear. In addition to what Congress has approved, the President announced he will declare a national emergency, using his executive powers to redirect billions of additional dollars to building a border…
Stenehjem Protects the Separation of Powers
“All sides are gonna be pissed at Wayne,” a political friend texted me yesterday upon news of Attorney General Wayne Stenehjem’s opinion (see below) on the legality of some of Governor Doug Burgum’s vetoes issued earlier this year. “Nobody got everything they wanted.” That’s true. As you can see from this key excerpt, Stenehjem upheld…
Jared Hendrix: Support The Separation Of Powers In North Dakota
During the time of Aristotle, theories arose regarding the different components of government. These debates evolved over the centuries during which the world was exposed to every variant of monarchy, despotism and empire. It was the great political philosopher Montesquieu who most concisely established the concept of the “separation of powers” within government. In 1748,…
Dorso Column: North Dakota's Executive Branch Is Too Involved In Legislating
The state capitol building in Bismarck is a unique design. But it is what that design signifies or tells that makes it so important. I hope every legislator now and into the future reads this piece. When they or elected officials walk the halls of the capitol I hope they are reminded of the sacrifice…
Obama Administration Seized Phone Records From The US House
According to Congressman Devin Nunes (R-CA), we’re missing the boat on the Justice Department phone record grab scandal. Yeah, it’s bad that the Associated Press was targeted, but it’s also worth remembering that the phones targeted were in the US House and are often used by members of Congress. Here’s Nunes, speaking on the Hugh…