North Carolina HB 678: Ensure Constitutional Government.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 678

Short Title: Ensure Constitutional Government. (Public)
Sponsors: Representative Blust.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 3, 2025
*H678-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROVIDE THAT 2
THE GOVERNOR DOES NOT HAVE STATEWIDE EMERGENCY POWERS WHICH 3
PERMIT HIM TO RULE BY DECREE FOR AN INDEFINITE PERIOD OF TIME, TO 4
PROTECT THE CONSTITUTIONAL RIGHTS OF THE PEOPLE DURING A STATE OF 5
EMERGENCY, TO TRIGGER A SPECIAL SESSION OF THE NORTH CAROLINA 6
GENERAL ASSEMBLY UPON THE CALLING BY THE GOVERNOR OF A 7
STATEWIDE STATE OF EMERGENCY, TO RESTORE THE ACTUAL INTENT OF 8
THE EMERGENCY MANAGEMENT ACT, AND TO REQUIRE GENERAL 9
ASSEMBLY APPROVAL OF EMERGENCY MEASURES LASTING MORE THAN 10
TWO WEEKS. 11
Whereas, the Constitution of the United States and the Constitution of North Carolina 12
guarantee inalienable rights of the people such as the right to peacefully assemble, freedom of 13
religion, and several other rights; and 14
Whereas, Article I, Section 6 of the North Carolina Constitution guarantees the 15
separation of powers between the legislative, executive, and judicial branches; and 16
Whereas, Article I, Section 7 of the North Carolina Constitution provides that "All 17
power of suspending laws or the execution of laws by any authority, without the consent of the 18
representatives of the people, is injurious to their rights and shall not be exercised."; and 19
Whereas, Article I, Section 19 of the North Carolina Constitution guarantees all 20
people the equal protection of the law; and 21
Whereas, Article I, Section 21 of the North Carolina Constitution provides that "Every 22
person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and 23
to remove the restraint if unlawful, and that remedy shall not be denied or delayed."; and 24
Whereas, Article II, Section 1 of the North Carolina Constitution provides that all 25
"legislative power of the State shall be vested in the General Assembly"; and 26
Whereas, the Governor only has those emergency powers expressly granted by the 27
General Assembly in the Emergency Management Act, G.S. 166A-19, et. seq., which is statutory 28
only and cannot be used to indefinitely suspend rights guaranteed to the people under the federal 29
and State constitutions and which requires approval of the Council of State before most 30
gubernatorial measures can be implemented; and 31
Whereas, during the COVID-19 pandemic, the Governor of North Carolina used a 32
state of emergency to rule by decree for over a year; and 33

General Assembly Of North Carolina Session 2025
Page 2 House Bill 678-First Edition
Whereas, the Governor, through executive orders, deprived people of the enjoyment 1
of many constitutional rights, such as the right to peacefully assembly, to worship freely, to 2
educate their children, and to be gainfully employed to earn a living and pay their bills; and 3
Whereas, this abuse of power by the Governor threw thousands of people out of work, 4
closed many businesses (while leaving others open without explanation), implemented curfews, 5
implemented mandates, closed churches, closed schools, prohibited the gathering of 10 or more 6
persons, required people to stay home, and other abuses; and 7
Whereas, these orders deprived people of work and livelihoods, caused many 8
businesses to fail, often resulting in the destruction of people's lifetime work and dreams, 9
deprived children of their education and kept them separated from friends, harmed the mental 10
health of thousands, and did incalculable additional damage to the State and its people; and 11
Whereas, the irreparable damage done by the Governor was not based on science but 12
upon the whims of the Governor in violation of the North Carolina Constitution which vests all 13
legislative power of the State in the General Assembly and which protects the fundamental rights 14
of the people; and 15
Whereas, these executive orders were in violation of the Emergency Management 16
Act, which requires the consent of the Council of State before the Governor can take such actions; 17
and 18
Whereas, the Governor did not provide the scientific basis for many executive orders 19
issued under the guise of fighting COVID-19 and the Governor never cited any constitutional 20
authority for these actions; and 21
Whereas, these actions by the Governor, which severely damaged the State and its 22
people, were without benefit and did not have the claimed effect against COVID-19; and 23
Whereas, other states that did not shut down or which took actions far less draconian 24
and of much shorter duration than the Governor took in North Carolina did just as well or better 25
against COVID-19 than experienced in this State; Now, therefore, 26
The General Assembly of Nor