Is it time for a new NC Constitution? (04-29-2025--Hour1)

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[00:00:29] And it is Tuesday at noon, and that means it's time to chat with Andrew Dunn. He is a contributing columnist to the Charlotte Observer, also the publisher of Longleaf Politics. You can read it at longleafpol.com. Andrew, how are you, sir? I'm doing great. Good to be back with you. Yes, sir. Thanks for your time, as always.

[00:00:48] So, I'm not insulting you, but only an elections data guy would think, let alone do, an analysis of what a North Carolina state election would look like if we had an electoral college. You realize you are in a very, very small minority of human beings that would be interested, let alone do something like this. Yeah, I don't know what it says about me that that's what I think about in my spare time.

[00:01:16] Right now, I wouldn't do it, to be clear, but I was definitely interested in reading what you wrote about it, because I know I myself wouldn't go through this trouble. But so you get this idea. You're like, hey, let's see what it would look like in the state. So you run the numbers. And Mark Robinson, big winner, he would be the governor if North Carolina had the electoral college.

[00:01:40] So let me put on my anti-electoral college hat. Not that I actually own one, but is this proof that there should be no electoral college at the national level because Robinson lost by such a large margin? I mean, I don't interpret it that way. And, you know, the state and the country are two very different things. You know, basically, just for a little background for your listeners, I'm sure they're familiar with the electoral college at the presidential level.

[00:02:08] Every state has two votes for their senators and then votes based on their number of House of Representatives members. So I kind of did the same thing with North Carolina counties, where every county got one electoral vote. You know, that was even across the board and then gave additional votes based on number of state House members in there.

[00:02:30] And North Carolina just has so many small counties that just had the minimum number of electoral votes, but they added up to a large number. So even, you know, when you run the numbers that way, you know, Mark Robinson can lose by massive historic proportions and still win the governor's race under an electoral college system just because, you know, he's winning 70 out of the 100 counties.

[00:02:54] Right. So Robinson dominates in the rural counties, the small counties, and Josh Stein dominates in Wake, Mecklenburg, the big, most populated counties. Right. So also, I thought it was interesting. You ran these numbers to for McCrory and Dan Forrest. McCrory would have been a two term governor. Dan Forrest would have won in a landslide as well.

[00:03:22] So is this just I mean, was this just a scratch and itch answer a question that you had or is there something else that we can draw from this? No, just scratching an itch. But it's really interesting. You know, you don't have to go back that far for when the map looks completely different. Yes, Dan Forrest wins under an electoral college and Pat McCrory wins a second term. But, you know, Bev Perdue still wins her first election. Mike easily wins his election easily.

[00:03:51] This was not that long ago. You know, 20, 20 years ago, Democrats were performing well across the state. So it really says a lot about our current political landscape where we've gotten so geographically polarized. And I think it answers, you know, the big question that I hear all the time, especially from from folks on the left side of the aisle is how in a 50 50 state is the General Assembly, you know, so dominated by Republicans? And it's not it's not gerrymandering.

[00:04:20] Honestly, the bigger factor is that Republicans do dominate in so many areas of the state. Yeah, that the Democrats have this problem where they have clustered themselves in the urban areas and beyond those counties. They don't they don't do well. Their messages do not resonate. And Republicans have the inverse problem, I would submit. Yeah, I would agree with that.

[00:04:48] And I think it says something really since 2008, the election of Barack Obama, Democrats in North Carolina have gotten a lot more closely aligned with national Democrats. You know, they saw that the formula worked in 2008 and they've tried to run the same playbook again and haven't been successful at the national level since then. Well, I mean, the North Carolina Democrat Party chair, Anderson Clayton, she's she says y'all a lot and she cusses.

[00:05:17] So I think that's the outreach that's really going to woo back those rural Trump voters. I think that's the point. Don't we call that dark woke now? That's right. Yeah, dark woke. All right. So then you've got another piece. This one's over. By the way, that one was at Longleaf Politics, longleafpol.com. This is your latest column over at the Charlotte Observer. North Carolina's real constitutional crisis is the Constitution itself. All right. Explain that. How so?

[00:05:48] Yeah. And I felt a little funny writing that, you know, as a conservative, you know, advocating for changing the state constitution feels radical. But it's honestly not. You know, the U.S. Constitution is a very well thought out document. It was built to last the test of time. But state constitutions just aren't written that way. You know, not just in North Carolina, but around the country.

[00:06:10] You know, state governments just have so many more responsibilities that their governing documents do need to be updated from time to time. You know, North Carolina's on its third one. It was written in the 1960s, adopted in 1970. And it just creates a lot of conflicts. You know, there's a difference between a healthy tension, you know, and balance of powers, checks and balances, and just kind of bureaucratic messes.

[00:06:37] You know, we've got 10 independently elected executive branch officials, which is very different from at the federal level. You have one unitary executive, the president of the United States. We don't have that in North Carolina. And so that creates all these kind of overlapping responsibilities that we see play out in court cases. Most notably, the recent one over who gets to appoint people to the state board of elections. Right, which Josh Stein has won in the latest legal round there.

[00:07:06] And this is not new. You mentioned also McCrory fought with the legislature of his own party. Roy Cooper, obviously, now Josh Stein. And so this, the constant litigation over what power does the executive have? What power does the legislature have? And then what rules can the legislature set for the executive? It's just, it's been a mess for quite a while.

[00:07:31] Also, I think it's important you mentioned that the state constitution last adopted back in the 70s, or 71, I guess it was. And that was a different time. You know, Republicans were a minority party. It was written completely by Democrats. It was, of course, passed by voters. But there wasn't that kind of partisanship that was, you know, all over the place up at the Capitol. Exactly.

[00:07:59] I mean, that was even pre-Jim Holthauser, who was the first Republican governor in 70-plus years. So I don't think people who wrote that constitution are... So I'll say that the people who studied the Constitution did identify these issues. I mean, they saw this coming. If you go back and read the reports from the 1960s, they identified these issues.

[00:08:22] But the General Assembly at that time did not foresee a future in which there was a true two-party system in the state. And, you know, the problem is not really the framework. It's more kind of the language in the Constitution that lays out the executive branch. Because it says, you know, the governor is responsible for executing the laws and overseeing the executive branch. But then it also says the General Assembly gets to decide what the duties are of all these different positions.

[00:08:52] And so depending on how you interpret things, judges have ruled one way or the other. Just because it's so vague and unclear what the system is actually supposed to be. So you mentioned the study commission. They did propose a fix you write about that they suggested reduce the number of the executive officers. So the Council of State, basically, right? Take it down from its current 10 and reduce it to a smaller number. Yeah, exactly.

[00:09:21] And I can't remember off the top of my head which ones they would keep. I know governor, lieutenant governor, attorney general, secretary of state, I believe an auditor. Yeah, those are the five. I'm actually working on a follow-up piece that we can talk about next week where I'm going to lay out my ideas for what the Constitution could look like to fix a lot of these problems. So the final question, though, is there any chance greater than a snowball in Hades that this would actually occur? That a new Constitution would be drafted?

[00:09:52] I don't know. I would say slightly more than that. I mean, I am not gathering any sort of momentum behind it. I don't think it's going to happen anytime soon. However, I mean, there is kind of there has been an undercurrent. People who study constitutional law have been talking about this a little bit for a while, but I don't find it likely. If you are successful, my only request is to get the word votainer

[00:10:18] inserted into the Constitution to describe the top vote-getter, because vote-getter is a terrible term. So votainer. That's my only request. And then I'll help. If you put votainer in there, I'm on board. Okay? All right. We'll do it. All right. Sounds good. Andrew Dunn, appreciate your time, sir. Thanks so much. Thank you. All right. If you're listening to this show, you know I try to keep up with all sorts of current events. And I know you do, too. And you've probably heard me say, get your news from multiple sources. Why?

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[00:11:33] Your subscription then not only helps my podcast, but it also supports Ground News as they make the media landscape more transparent. All right. So in Andrew Dunn's piece over at the Charlotte Observer, his op-ed from yesterday. Talking about North Carolina's real constitutional crisis is the Constitution itself. He says the case is simply the most recent.

[00:12:01] Talking about the case is the elections board makeup and who should appoint the members of the state board of elections. Right now it's under the governor. The legislature tried to move it over to the auditor's office. The governor sued and won at this stage. I believe there will be an appeal, but this is just the latest in a long line of political fights dressed up as legal disputes.

[00:12:29] Political fights dressed up as legal disputes. And it's not going to be the last because our Constitution does not settle power struggles. It actually creates them, he says. The names keep changing, whether it's McCrory, Cooper, Stein, Perdue, whatever. But the script doesn't. A new slate of officials takes office. The legislature rewrites the rules. The governor sues the legislature. And then the court picks a winner.

[00:12:58] And then we hit the reset button and do it all again. These are not one-off clashes. They are symptoms of a deeper breakdown and a sign that the state constitution needs an overhaul, he says. State constitutions are different than the federal one. State constitutions, he argues, are meant to be revised. They're meant to be rewritten and adapted.

[00:13:26] We are on our third constitution. I think a lot of people don't realize that. We adopted this thing only like 50 years ago, 55 years ago. The framers of the U.S. Constitution envisioned divided government. But the people who wrote the North Carolina version did not. And the system they drew up doesn't work well in a partisan environment.

[00:13:48] As I went over with Andrew, this thing was written at a time when Democrats had a hammerlock on the legislature, the courts, and the executive. There were no Republicans elected to the governor's mansion since Reconstruction.

[00:14:07] Between Reconstruction, so the Civil War, all the way through the adoption of the latest constitution that we're operating under, Democrats controlled.

[00:14:20] Well, I mean, after they staged their coup out in Wilmington, murdered some people, and used the News and Observer and allied media to threaten and intimidate Republicans and black voters into not running for office, not voting for Republicans, that sort of stuff. So, I mean, they had a hammerlock on the state. Complete dominance.

[00:14:47] So, when they wrote the constitutional provisions, they were looking at it through this frame of one-party control. We're in charge. And so, the stuff that we – the power dynamics there, to quote a term that Democrats on the left are very familiar with,

[00:15:04] the power dynamics there are between the branches with no attention paid to another political party controlling one of these branches and then rewriting the rules and moving responsibilities around to rob them from a governor. And lest you think that that is strictly a Republican phenomenon, it is not.

[00:15:30] Democrats actually started doing it as soon as a Republican finally won a statewide office on Council of State. Holshauser as governor, Jim Martin as governor, first lieutenant governor. Like, the lieutenant governor had virtually all of his powers stripped away when Martin first won. That's how Democrats treated any Republican who won a statewide office like that.

[00:15:56] There is a difference between checks and balances and organizational dysfunction, he says. One has a healthy tension between branches of government. The other creates legal nightmares. And that's exactly what we are seeing today. Organizational dysfunction. Here's a great idea. How about making an escape to a really special and secluded getaway in western North Carolina, just a quick drive up the mountain? And Cabins of Asheville is your connection.

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[00:17:13] And they have pet-friendly accommodations. Call or text 828-367-7068. Or check out all there is to offer at cabinsofashville.com and make memories that'll last a lifetime. So I have now, just in the last, oh, probably five hours or so, have become an expert on the Canadian electoral system. So feel free to ask me any questions.

[00:17:41] I'm amazed how many Canadian electoral experts there actually are on social media. I had no idea. But then again, I am usually surprised at the broad knowledge of so many people from, you know, deep water submersibles to weather balloons drifting across the country. Just a lot of people with really, really deep understanding of a lot of issues.

[00:18:07] So, no, I recognize the limitations I have. I do not follow Canadian politics at all. I still blame them for the geese. And I think rightfully so. And that's enough. So, I am aware of what's been going on up there kind of tangentially. I watch pretty regularly. I'll watch the Jordan Peterson podcast.

[00:18:32] And he has discussed the Canadian elections with some guests over the last few months. This is not a good thing for Canada, in my opinion. But they shouldn't care because I'm an American. And frankly, I don't care really what their opinion is on much. So, not even syrup or hockey. Gravy. Nope. Not even gravy on french fries. I don't even really care about that.

[00:18:58] I really don't care what Canadians think about anything. They are their own country. I'm not saying that to be mean or anything. I just, you know, you do you. And apparently, Canada doing itself, no favors. Yeah. They're going to do a number on themselves. They have returned the Liberal Party to power. Kind of. Sort of. It's a little bit more nuanced than that, only because the parliamentary electoral system is completely bananas.

[00:19:28] The Liberal Party has won the federal election in Canada. A. Culminating a process marked by U.S. President Donald Trump's threats on a trade war and of making that country the 51st American state. Which was just a joke. Ha ha ha. It cost the conservatives their election. Maybe. I don't know. I'm not an expert. But the polling seems pretty clear. Like, you look at the trend lines.

[00:19:56] And two major things. Well, three major things happened. First off, Prime Minister Blackface Trudeau resigned. And put in place Mark Carney, who is, I'm pretty sure he's like, I'm not sure you could find a better example of like the globalist, leftist, elitist guy than this guy. But that's who they wanted. The heart wants what it wants in Canada.

[00:20:24] And so they installed this dude to finish out Trudeau's term. And then they hold the elections. This guy, Mark Carney. As far as I know, no experience working in carnivals. But he wins. He wins again. And so now he's going to be sort of in charge. And I say sort of because he's going to need some coalition of the minority parties that all also took hits.

[00:20:53] So Trudeau resigns, names Carney. The second thing that happens then is Trump starts, you know, making these jokes or comments, whatever you want to call them. I don't know if they I don't know if it's a joke. I don't know if he was serious. I don't care either. It doesn't matter to me because the impact on the Canadian psyche was the same either way.

[00:21:17] They didn't apparently view it as a joke, much like I would think that we wouldn't view it as a joke if another country started talking about colonizing us. Right. If they were like, yeah, I'm going to make America the. Well, I was going to say, like, how many states does Mexico have? Well, if Mexico started talking about annexing us into it. Right. We would take it as unserious. Right. Obviously.

[00:21:44] But, you know, we would also kind of take a little bit of a bridge at it. No, I would. Why? Because I'm an American. I don't want to be a Mexican. I don't I don't like the idea that you're, you know, banding about this idea that you're going to absorb my country into yours. So I have to live under your set of rules now because I don't like your set of rules. I prefer mine.

[00:22:08] And I suspect a lot of Canadians felt the same way, particularly the boomers, the Canadian boomers. That age demographic, they reacted the worst to Trump's. Comments about making Canada the 51st state. And then, of course, was the trade war, the tariffs and everything else. And the conservative in the race, Pierre Paulyev, whatever, whatever, doesn't matter because he lost.

[00:22:38] He even lost his own seat. He lost his own seat in parliament. I think they call them ridings instead of districts or something. He lost his own seat. And Trump is being blamed for this. Now, you know me. I'm not looking to blame Trump for everything. I don't have TDS. I don't view the world through the prism of Donald Trump. I have no idea if if this was an anti-Trump vote.

[00:23:05] It could have been because there are a lot of people that view everything through the prism of Donald Trump. In Canada, being packed with a bunch of lefties, they probably do view everything through the prism of Trump because that's kind of the hallmark of being a lefty. Even though Trump's policies, populist policies are actually more like the old Democrat policies in America.

[00:23:28] They are more of like a Democrat kind of infused ideology than a conservative one, which was one of the reasons I didn't want Trump to be the Republican nominee all three times. I lost that argument all three times. So. The Liberal Party leader, Mark Carney, remains in the job. He gets to form a new government with a new cabinet.

[00:23:54] But it is unclear if the liberals will have a majority in the parliament or whether they will need to look for alliances with the other minority parties, which now at this hour does appear to be the case. Where is it here? Well, OK, this is the AP. Canadians voted for all 343 members of the House of Commons, one for each constituency, and a party needs 172 seats for a majority.

[00:24:25] The prime minister is then chosen by parliament rather than elected directly by the voters. OK, so this was not some sort of a nationwide race between two guys. The current Liberal leader is Carney, who was sworn in on March 14th as prime minister after blackface Trudeau resigned. Now he won a full term as the head of the government. Externally, there was the Donald Trump effect.

[00:24:50] Internally, the new government will still have to deal with issues like rising food and housing prices and a surge in immigration. So they chose. Think about this. I think this is now the fourth election cycle that the liberals have won, despite the fact that food, housing and immigration are all surging. The price of food, the price of housing, the number of immigrants coming into the country.

[00:25:19] All of these things are out of control. People are like, these are the biggest issue. Well, everybody but the boomers like these are the biggest issues. So Carney is a 60 year old economist educated in the U.S. and England. He was a Goldman Sachs executive. Then he started working for the Central Bank of Canada in 2003 as a deputy governor. He was then the head of the Bank of Canada for five years. And then he headed to the Bank of England for seven years.

[00:25:52] This is from the Daily Caller. Despite the liberal victory, voters denied the liberal party a majority government as returns project the rival conservatives to score seats in the double digits. As of this morning, the New York Times had called 154 seats for liberals, 152 from the who held. Oh, they held 152. They picked up two seats. Conservatives won 131 seats.

[00:26:21] That is up from the 120. So it's an interesting shift that has occurred here where the other parties, the minority parties, like the Quebec separatists, those guys that want Quebec to be a breakaway country or whatever. They or province or whatever. I don't know. Like I said, not an expert on Canadian politics. But these other smaller parties, they were pulling in a couple dozen seats apiece.

[00:26:48] And voters now have sort of made this break to almost a two-party kind of a model. So as much as they don't want to be America, they're starting to kind of vote like it. The center-right party is also leading in an additional 12 seats. That could bring its grand total up to 143.

[00:27:09] And that means that the liberals are going to have to build a coalition with some of these minority parties. The Bloc Québécois, a regional party which only fields candidates in the French-speaking province of Quebec, won the third most seats in parliament. They lost 10. The left-wing New Democratic Party, the NDP, they finished in fourth.

[00:27:37] They suffered a double-digit seat loss. And now they are at risk of losing their official party status. Probably because they backed Trudeau's last minority government in 21 through 24. So if you're an NDP voter and your NDP guys keep siding with the liberals, like what's the point of being in that party? Why not just be in the liberal party? And that's where they threw their votes this time, it looks like. All right, so spring is here, a time of renewal and celebrations.

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[00:29:03] Get all the details at createavideo.com. I was looking at a chart here from the polling out of Canada. Most important factors when deciding to vote. And it's broken down by age cohorts. Basically, you know, generations. So you got your 60 and over, and then 45 to 59, 30 to 44, 18 to 29. So you got like 15 year intervals there.

[00:29:31] So among the 60 and over crowd in Canada, the number one factor for them when they went to go vote yesterday, the number one factor was dealing with Donald Trump. Number one. That's the thing that motivated them the most. Number two, reducing your cost of living.

[00:29:58] Number three, improving Canada's healthcare system. The worst, the lowest response for the boomers was making Canada a better place to live. Yes, they think it's fantastic already. Maybe. I don't know. That was the worst or the lowest response. Second lowest, making housing more affordable. Right, because they got their homes.

[00:30:28] Protecting public services and managing the federal budget deficit and debt were the other factors. But when you look at all of the other age demographics, literally all of them, their number one responses were reducing the cost of living. That was number one for all of them. Every other cohort, number one.

[00:30:56] And then they split all of their responses among the different categories, except for the young people, ages 18 to 30, basically. So if you were in your 20s, dealing with Donald Trump was like among the lowest.

[00:31:12] So as the group, as the cohorts, when you look at this bar chart, you see that as the respondents get older, the anti-Trump factor gets larger. Each cohort steps up, you know, in the bar, like each bar for the millennials, then the Gen Zs, and then the Gen Y and Gen X and boomers.

[00:31:42] It's like each one goes up. So the older you are, the bigger factor Donald Trump was in your vote. That's insane, people. Canada, that's insane. Jonathan Martin writing at Politico. He says, for months now, the dynamic of Monday's federal election seemed enough to grasp, seemed easy enough to grasp on either side of the border.

[00:32:07] A campaign that had been a referendum on former Prime Minister Justin Trudeau's increasingly unpopular decade-long tenure. Had, once Trudeau stepped down, become a vote on who was best able to manage Donald Trump, his tariff arsenal, and designs on annexing Canada. But it isn't that simple. Canada has long had robust minor parties that play a pivotal role in both provincial and federal politics.

[00:32:32] Most notably, the left-wing New Democratic Party and the Bloc Québécois, which advocates for Québécian nationalism. Québéco-en? Québécian? Whatever. The effect of Trump's existential threat has been to marginalize these parties, to render purity politics or domestic questions as a bit like the clogged sink disposal when the House is on fire. So they're saying Trump is the House fire.

[00:33:02] Think about this. They cannot afford their government right now. It is collapsing under its own weight. It has gone down the path of totalitarianism. And they think that Donald Trump is the House burning down.

[00:33:23] Martin says it's hard to overstate how stung Canadians are by the tariff threats and Trump's incessant talk of taking over their country, an increasingly unfunny riff he repeated again recently in the Oval Office after not saying it for a few weeks. Basically, they feel betrayed. They feel betrayed. And Gary says, Canada wants to be part of England again before anything to do with the U.S. Let them go full socialist. Well, they're on our border.

[00:33:53] And I have never had a problem with the Canadians. I never really mocked them except, you know, for their penny. But then their penny became more valuable than ours, and so joke was on me. But I don't have any ill will towards the Canadians. I would prefer to not have a hostile country on my border. That's a very nice luxury to have, you know? Peaceful trading partners.

[00:34:20] People can, you know, go across the border back and forth and such. I've seen all those movies from the 70s and 80s up in Detroit where the kids go across the bridge to get beers and such. I've seen it. So, like, there is value in that. That's not to say that, you know, they get to walk all over us and everything else.

[00:34:42] I would just have preferred that there be somebody on that leading that country that was trying to course correct away from the socialism. But, as I said, the voters chose poorly. Mark Thiessen, who is a co-host of the What the Hell is Going On podcast and also former George W. Bush guy, he's a lawyer,

[00:35:08] says, if Canadians are so foolish that they let Trump hatred convince them to give liberals a disastrous fourth term, they have nobody to blame but themselves. And they re-elected Trudeau after he made Canada the most locked down country in the world long before Trump returned. Pathetic excuse for a country. Whether you believe the tariffs or Trump's mouth swung the election against the conservatives up there, whether or not you believe that doesn't matter. The end result is still the same. So, that's where we are.

[00:35:38] But Trump said he'd be, he'd have an easier time negotiating against the Liberal Party. So, there is that, too. All right, that'll do it for this episode. Thank you so much for listening. I could not do the show without your support and the support of the businesses that advertise on the podcast. So, if you'd like, please support them, too, and tell them you heard it here. You can also become a patron at my Patreon page or go to thepetecalendorshow.com. Again, thank you so much for listening. And don't break anything while I'm gone.