Tag Archives: Bev Purdue

North Carolina Racial Justice Act

The world is a bad and ugly place.

We are living among thieves and murderers.  To be sure, this has been the sad state since Cain And Able and represents no new change in the nature of man.  Brutality seems to be an inherent aspect of who we are.

Equally true is our desire for for justice and revenge; some say “a reckoning.”  And this is why we have laws that allow us to impose death on people who commit the most horrible and unthinkable crimes.  The idea is that society can remove from itself the most violent members in order to keep the rest safe.

All of this has been with us since time immemorial.

By itself this combination of brutality and justice can cast an interesting debate.  A debate I suspect that can rage just as long as man is brutal.  But this isn’t about THAT debate.  This is about the “serving of justice” on an equitable basis.

Some time ago North Carolina identified that the death penalty was disproportionately being used on the basis of race.  Not that more black guys were being sentenced to death than white.  But that of defendants found guilty, blacks were sentenced to death more often.

And THAT is intolerable.

However, in order to begin to remedy this situation, North Carolina pass the Racial Justice Act:

The North Carolina Racial Justice Act of 2009 prohibits seeking or imposing the death penalty on the basis of race. The act identifies types of evidence that may be considered by the court when considering whether race was a basis for seeking or imposing the death penalty, and establishes a process by which relevant evidence may be used to establish that race was a significant factor in seeking or imposing the death penalty. The defendant has the burden of proving that race was a significant factor in seeking or imposing the death penalty, and the state may offer evidence to rebut the claims or evidence of the defendant. If race is found to be a significant factor in the imposition of the death penalty, the death sentence will automatically be commuted to life imprisonment without the possibility of parole.

Sadly, Republicans repealed the law in 2011 but it was saved as our Governor vetoed the repeal.  Happily Republicans didn’t have the votes to override the veto.

And yesterday the first case to win under the law was decided:

Fayetteville, N.C. — A Cumberland County Superior Court judge made history Friday morning when he commuted a death row inmate’s sentence in the first test of North Carolina’s fledgling Racial Justice Act.

Superior Court Judge Greg Weeks ruled that race significantly influenced jury selection in Marcus Robinson’s 1994 trial in the 1991 shooting death of a white 17-year-old, Erik Tornblom.

The ruling means Robinson, a 38-year-old black man, will be taken off death row and will serve life in prison without the possibility of parole.

Weeks said Robinson’s attorneys “presented a wealth of evidence showing the persistent, persuasive and distorting role of race in jury selection in North Carolina.”

“When the government’s choice of jurors is tainted with racial bias, that overt wall casts down over the parties, the jury and the court to adhere to the law throughout the trial,” Weeks said. “The very integrity of the court is jeopardized when a prosecutors discrimination invites cynicism respecting the jury’s neutrality and undermines public confidence.”

I have no idea if Mr. Robinson really took the life of that kids all those years ago [though the Racial Justice Act did not show that race was a factor in verdicts].  If he really did commit that act, I have little issue with him being sentenced to death.  However, when guilty criminals benefit from sentencing based on race, I DO begin to have an issue with that.

Well done North Carolina.

 

More Great Great 2012 Election News For North Carolina

I just posted that the 2012 elections are looking good for Republicans.  Most folks feel that the the Senate could swap, and if it doesn’t would turn more red than blue.  And only the most partisan individuals in the democrat party feel that the House would turn.  But the state elections are looking great.

And here in North Carolina?  The news is looking even better.  Our sitting 1 term governor isn’t looking to run for her 2nd term:

RALEIGH, N.C. — Facing a tough fight for a second term, Gov. Beverly Perdue said Thursday that she will not seek re-election so she can focus her energy on fighting for a sales tax increase to fund education.

This is garbage by the way.  Purdue has a horrible approval rating here in Carolina and she knows she doesn’t have Obama’s momentum to carry her through this year.  She’ll lose, she knows it, so she’s dropping out.

Another win for Republicans in 2012.

North Carolina Republicans Defeat North Carolina Association Of Educators

The last few days have been interesting ones here in Raleigh.  The state House has been called for a special session in order to determine if they could override a governor’s veto of the Racial Justice Act.

They could not.

However, in a very unconventional move last night, house republicans called an extra special session in order to consider overriding the governor’s veto of Senate Bill 727.  This bill was designed to prevent the NCAE from collecting teacher’s dues automatically from teacher’s paychecks.  In this case, the House did override the veto and the bill became law:

In an unprecedented move early Thursday, the North Carolina General Assembly voted to hold a special legislative session after midnight for veto overrides, prompting a sharp rebuke from Democratic Gov. Bev Perdue.

Perdue said the Republican-controlled legislature’s actions were unconstitutional.

The House voted 69-45 to override the governor’s veto of Senate Bill 727, which stops the North Carolina Association of Educators from collecting dues from teachers’ paychecks via payroll deduction.

I certainly agree with the legislation though I have a certain distaste for the methods involved.  There is nothing stopping a teacher from going down the bank and authorizing a payday deduction for the dues to the NCAE.  Nothing at all.  Further, it is not incumbency upon a school district to handle the administration of the collection of dues to an outside body; that is admin overhead that should be absorber by that organization.

However, there are certainly valid calls of shenanigans concerning the method of the vote.   If a body has the votes to override the veto, by all means, call the issue to the floor and vote for it.  On the other hand, calling a special session at 11:15 at night in order to get that override passed in the dead of night is disingenuous.

Is this where we are with our political posturing?  Is it really the case that this type of maneuvering is how business will get done?  I hope not.

Voter Fraud And Voter ID Laws

In June of last year our North Carolina governor Bev Purdue vetoed a bill that would have required voters present government issued ID at the ballot.  In other words, our citizens would have to prove they are who they say they are.

Bev’s comments upon vetoing this bill:

“The right to choose our leaders is among the most precious freedoms we have – both as Americans and North Carolinians. North Carolinians who are eligible to vote have a constitutionally guaranteed right to cast their ballots, and no one should put up obstacles to citizens exercising that right.

“We must always be vigilant in protecting the integrity of our elections. But requiring every voter to present a government-issued photo ID is not the way to do it. This bill, as written, will unnecessarily and unfairly disenfranchise many eligible and legitimate voters. The legislature should pass a less extreme bill that allows for other forms of identification, such as those permitted under federal law.

“There was a time in North Carolina history when the right to vote was enjoyed only by some citizens rather than by all. That time is past, and we should not revisit it.

“Therefore, I veto this bill.”

I read the Constitution of North Carolina, I have to assume that Gov. Purdue was speaking about that state Constitution because she is acting as state Governor AND the United States Constitution has no “Right to Vote” language in it.  And this is what the Constitution says:

Section 1.  Who may vote.

Every person born in the United States and every person who has been naturalized, 18 years of age, and possessing the qualifications set out in this Article, shall be entitled to vote at any election by the people of the State, except as herein otherwise provided.

 

Sec. 2.  Qualifications of voter.

(1)        Residence period for State elections.  Any person who has resided in the State of North Carolina for one year and in the precinct, ward, or other election district for 30 days next preceding an election, and possesses the other qualifications set out in this Article, shall be entitled to vote at any election held in this State.  Removal from one precinct, ward, or other election district to another in this State shall not operate to deprive any person of the right to vote in the precinct, ward, or other election district from which that person has removed until 30 days after the removal.

(2)        Residence period for presidential elections.  The General Assembly may reduce the time of residence for persons voting in presidential elections.  A person made eligible by reason of a reduction in time of residence shall possess the other qualifications set out in this Article, shall only be entitled to vote for President and Vice President of the United States or for electors for President and Vice President, and shall not thereby become eligible to hold office in this State.

(3)        Disqualification of felon.  No person adjudged guilty of a felony against this State or the United States, or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, shall be permitted to vote unless that person shall be first restored to the rights of citizenship in the manner prescribed by law.

It is pretty clear.  You have to be:

  1. 18
  2. A citizen
  3. A 1 year resident

It is a reasonable request that an individual representing his desire to vote prove that.  Any claim that this is NOT reasonable is based in pure politics.  There are those who claim that requiring such proof would disenfranchise voters who, as it turns out, would vote for candidate of a certain political persuasion.  It can not be ignored that the desire to create a system that so easily creates conditions where people who are not who they say they are can vote is a system that is inherently and purposely flawed in order to create election day advantages.

I bring this up because the state Republicans were unable to overcome the Governor’s veto and it appears the bill will remain just that, a bill.

Veto Override Meeting: Racial Justice Act

In 2009 North Carolina passed the Racial Justice Act.  The law allows death-row inmates the ability to appeal their sentence arguing that racial discrimination was a factor in that sentence.  I’ve long argued that the death penalty is not a viable tool in our criminal justice system for just that reason.  The sentence is not applied uniformly and it disproportionately impacts minorities and the poor.

Because of this I oppose the Death Penalty and I applauded the passing of the law.

Now, however, state Republicans are meeting to discuss how they plan to proceed in overriding a governor’s veto that would have repealed much of this very important law:

 RALEIGH, N.C. — When the Republican-led Legislature considers Wednesday whether to cancel Gov. Beverly Perdue’s veto and scrap the Racial Justice Act, the outcome of the override session will depend again on whether a handful of the governor’s fellow Democrats side with the GOP.

The Republicans have it wrong.  They were wrong to oppose the bill in 2009, wrong to send it to the Governor’s desk in 2011 and are wrong now.

The idea that the government would discriminate, especially in this matter, is an assault on the senses.  Hopefully the Democrats in the House stand firm and do not change their vote to assist the veto override.

Governor Purdue And Gay Marriage Amendment

I shouldn’t be surprised.  Democrats have long ago abandoned any hope of defending individual liberty.  In so far that the Liberal Left picks up any cause, it’s done simply to gather that group’s vote in future elections.  You think the Democrats support civil rights?  Look at their record on civil rights votes.  Think that Liberals defend folks who are discriminated because of who they are?  Consider the same Liberals who demand their music not be played at certain functions.

Public schools?  Look where Obama sends his kids.

And now we have one more example of a Leftist going out in public displaying her finest pandering colors:

RALEIGH, N.C. — Gov. Beverly Perdue announced Friday she’ll vote against a change to North Carolina’s constitution next May that would prohibit gay marriage…

See.  A hypocrite.

“But Pino”, you may claim, “she is voting against the amendment and FOR liberty!  Ahhh, but look closer:

Perdue said in a prepared statement she believes marriage is between one man and one woman and voted while in the Legislature for a 1996 law so that North Carolina couldn’t recognize same-sex marriages in other states.

“I continue to support that law today,” Perdue said.

So, how does the good Govna of the Great State of North by God Carolina explain her fllippy floppyness of her vote?

“But I’m going to vote against the amendment because I cannot in good conscience look an unemployed man or woman in the eye and tell them that this amendment is more important than finding them a job.”

This is crap.

But I shouldn’t be surprised.

North Carolina’s Unemployment

Unemployment across the State remained basically steady.  Officially the rate moved from 9.6% in April to 9.7% in May.

I suspect that this number not moving down causes great worry in the governor’s office.  And it should; she is contributing to the rate staying so high.

Consider:

A job at minimum wage over 40 hours is $7.25 x 40 = $290.00

Unemployment benefit c heck is $297.00.

The marginal benefit of working 40 hours is $7.00.

Do you think that pressure is going to add to unemployment or reduce it?

Governor Purdue, please remove your executive order restoring benefits with that Federal money.  You are making it harder to bring that number down.

North Carolina Budget: Veto Override

For the first time since Ulysses S. Grant was President, the North Carolina budget has been proposed by a republican controlled body.

And the state governor, Beverly Perdue, didn’t like said budget.  So, she vetoed it.

The state senate has a veto proof majority; the house, not so much.

But tonight the governor was told that she must obey the will of the people.  Her veto was overruled in the house and will be sent to the senate.

Continue reading

Governor Perdure Vetoes Budget

Republicans hold both houses of congress here in North Carolina for the first time in about 140 years.  That’s a long time to wait.

For once, it’ll be a Republican lead agenda that shapes the fiscal direction in Raleigh.  Whatever bill ends up being passed into law will be one the Republicans drafted, and built and approved.  And it looks like Governor Purdue is making sure that the folks of North Carolina know that.

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A Tale of Two Governors: Wisconsin’s Walker and Carolina’s Purdue

In Wisconsin, a properly elected Senate passed a bill that a properly elected State Assembly had also passed.  Then, a properly elected Governor signed said properly passed bill into law.

The reaction from the far left at the time:

They are showing that citizenship is rooted in the willingness to listen to one’s opponents and to find shared solutions. The governor’s refusal to do the same shows his aim to rule by executive fiat. He is setting himself up as a notorious adversary of the democratic process.

I love it.  Rule by fiat.  Hardly.  Walker signed a bill into law that was passed by the Senate AND the Assembly.  Adversary of the democratic process?  Hardly.  It’s just that in this case, democracy delivered a solution that doesn’t agree with the hard left wing segment of the Democrat party.

Now, here in Carolina.

A properly elected Senate passes a bill that was also passed by a properly elected House.  Then, a properly elected Governor vetoes the bill.

Said governor complains that life isn’t fair.

Said Governor then signs an executive order to get what she wanted the whole time:

RALEIGH, N.C. — Gov. Bev Perdue signed an executive order Friday to extend federal unemployment insurance benefits for thousands of North Carolina residents amid a battle with Republican lawmakers, who tied the extension to the state budget bill.

In April, the Republican majority in the General Assembly passed a bill to extend the federally funded benefits for up to 20 weeks…

The liberal hard left?

Perdue’s press secretary Chris Mackey said the governor gave “Republican leaders the chance to do the right thing and they didn’t. So, she found another solution.”

So, the lesson here, is that when “the right thing” and “other solutions” involve those things held most dear to the Leftist, fiat [using the right definition of the word] is fine; noble.

But, BUT, when a centrist republican follows the rule of law and signs a legally passed bill, he is called a ruler by fiat [using the Leftist’s version of the word].

Funny world, that.