newsobserver.com projects - Gerry Cohen - Comments

Re: When will they quit?

bniolet — Mon, 06 Jul 2009 17:21:20 -0400

Thanks, Gerry. — Bn

Re: When will they quit?

gercohen — Mon, 06 Jul 2009 17:15:56 -0400

bniolet says "It's important to note that in 2001, when the legislature was coping with a recession, budget negotiations pushed the session all the way to Dec. 6."

actually the 2001 budget was adopted September 26, 2001. It was redistricting that prolonged the session to December that year.

PS Blogger Blash

James_Protzman — Fri, 01 May 2009 15:09:46 -0400

At the risk of spamming, I want to extend that Blogger Blash invitation to all Dome readers and writers, regardless of your political persuasion. If you're wondering whether this afternoon party is for you ... it is! Hope to see you here.

Kiss of death

James_Protzman — Fri, 01 May 2009 15:07:16 -0400

Ha!

Hey listen. I've been told you're a person who is admired even by Mr. Art Pope. Given that your work is praised by trouble-makers on both political extremes, I'd say you're living life in the sweet spot!

Hope you'll stop by on Saturday.

Re: Thanks for this

gercohen — Fri, 01 May 2009 14:51:23 -0400

uh oh, I' m sure to be criticized by 50 commenters based on J_P's praise.

Full disclosure, Protzman and I are both former Chapel Hill Town Council members.

Thanks for this

James_Protzman — Fri, 01 May 2009 11:17:32 -0400

I sure hope Gerry Cohen is hard-at-work training his replacement. I don't know what we'd do without him here in North Carolina.

Re: Is Basnight second in line? Depends

ryanteaguebeckwith — Mon, 16 Feb 2009 17:05:10 -0500

To follow your hypothetical: Perdue is no longer governor. Dalton becomes governor. The lieutenant governorship is open. Basnight becomes Senate president. Dalton can no longer serve. Basnight becomes governor.

Alternately, Perdue is temporarily not governor. Dalton becomes acting governor, but he remains lieutenant governor. Basnight does not become Senate president. Dalton is temporarily not able to serve. Hackney becomes acting governor.

— RTB

Re: Is Basnight second in line? Depends

captsfufp — Mon, 16 Feb 2009 16:37:33 -0500

So...just to be sure, in the scenario where (just to use names) Gov. Perdue, for some reason, is no longer able to be governor...the Lt. Gov. will ascend and it would be Gov. Dalton. Basnight would then become president of the Senate? Does this mean he is Lt. Gov? Or does the Office of Lt. Gov. remain vacant until the next election?

This could be crazy depending on the time element (I don't have the state constitution in front of me). Does the instant when Gov. Dalton take the oath (or when would he specifically become the governor?), does Basnight instantly become Senate president or is there some lag time? (This question this concerns is Gov. Dalton taking office, having some sudden reason that takes him out of office, Basnight not becoming Senate president juuuust yet, and Hackney taking over the state).

I guess I need to get a flashlight and read my state constitution under the covers tonight...where's Bob Orr?? Doesn't he know all on the state constitution??

Re: Cohen on Scott's open-door policy

FFC1304 — Sun, 25 Jan 2009 08:02:06 -0500

And thus precedent was set...

Re: Governor Dalton's first term

tangoz — Sat, 17 Jan 2009 21:02:06 -0500

I'll bring the soft drinks. Let's get it on!!!

Cohen versus Orr

It is Left wing non-sense versus Right wing radicalism. Just kidding.

Re: Governor Dalton's first term

samwatts — Fri, 16 Jan 2009 21:49:56 -0500

Peanuts! Popcorn! Succession Crisis!

Re: Governor Dalton's first term

orricl — Fri, 16 Jan 2009 20:46:30 -0500

There are those who believe that Marc Basnight might as well be governor since he's the most powerful person in state government. And remember Gerry, I contend that Beverly Perdue was both elected and qualified and thus was governor on January 1. It's you and others who have argued that she wasn't governor because she wasn't qualified since she delayed the oath. I don't understand why you don't just admit that Easley was not governor after December 31 and encourage Governor Perdue to validate all of Easley's purported appointments and acts. That's the simple solution to all of this. And then in 2012 we'll get it right.

Re: Governor Dalton's first term

samwatts — Fri, 16 Jan 2009 20:21:57 -0500

OK, I'll bite. If Lt. Gov wasn't Dalton until he took the oath of office and the law abhors vacuums, then does that mean that Perdue was still the President of the Senate? :-)

well then Basnight is Governor

gercohen — Fri, 16 Jan 2009 19:34:59 -0500

actually, under logic of Justice Orr Mark Basnight is now Governor.

If Perdue's delay in taking the oath meant that the Lt Gov becomes Governor, we need to read along further, since Dalton also did not take the oath for the 10 days.

Under Article II, Section 13
Sec. 14. Other officers of the Senate.

(1) President Pro Tempore - succession to presidency. The Senate shall elect from its membership a President Pro Tempore, who shall become President of the Senate upon the failure of the Lieutenant Governor-elect to qualify, or upon succession by the Lieutenant Governor to the office of Governor, or upon the death, resignation, or removal from office of the President of the Senate, and who shall serve until the expiration of his term of office as Senator ..."

this would mean that Basnight became President of the Senate, and Dalton also ceases to exist.

Now, in the absence of the Governor and Lt Governor, the Constitution directs the General Assembly to specify the further order of succession.

we then go to GS 147-11.1 http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_147/GS_147-11.1.html which states

(b) President of Senate, Speaker of the House and Other Officers. –

(1) If, by reason of failure to qualify, death, resignation, or removal from office, there is neither a Governor nor a Lieutenant Governor to discharge the powers and duties of the office of Governor, then the President of the Senate shall, upon his resignation as President of the Senate and as Senator, become Governor.

So, if both Dalton and Perdues delay of 10 days is a "failure to qualify", then Marc Basnight can become Governor now by resigning as Senator.

I think this shows that Justice Orr's construction is absurd.

Re: When did the new governor start?

gercohen — Fri, 16 Jan 2009 19:27:02 -0500

*()T^(+_|:K()*&*(_UKKL: