The executive power of the State shall be vested in the Governor.
Cross References. - As to separation of powers, see N.C. Const., Art. I, § 6.
History Note. - The provisions of this section are similar to those of the first clause of Art. III, § 1, Const. 1868, as amended in 1872-1873 and 1944.
Legal Periodicals. - For note on the separation of powers and the power to appoint, see 66 N.C.L. Rev. 1109 (1988).
For article, "A Study in Separation of Powers: Executive Power in North Carolina," see 77 N.C.L. Rev. 2049 (1999).
CASE NOTES
"Executive Power" Defined. - "Executive power" means the power of executing laws. The appointment of someone to execute the laws does not require the appointing party to execute the laws. State ex rel. Martin v. Melott, 320 N.C. 518, 359 S.E.2d 783 (1987).
The Governor has the duty to supervise the official conduct of all executive officers. Tice v. DOT, 67 N.C. App. 48, 312 S.E.2d 241 (1984).
The constitutional independence of executive offices, and their differing functions and duties, create clear potential for conflict between their respective holders. In the event of such conflict, power in the Attorney General to resolve, without their consent, controversies involving agencies or departments under the supervision of the Governor, could be abused by exercise in a manner effectively derogative of the Governor's constitutional duties to exercise executive power and to supervise the official conduct of all executive officers. The General Assembly, in the enactment of G.S. 114-2(2), did not intend to create such potential. Tice v. DOT, 67 N.C. App. 48, 312 S.E.2d 241 (1984).
The duty of the attorney general to appear for the state in any court proceeding in which the state may be a party, as provided in G.S. 114-2(1), does not violate this section. Martin v. Thornburg, 320 N.C. 533, 359 S.E.2d 472 (1987).
Cited in State ex rel. Wallace v. Bone, 304 N.C. 591, 286 S.E.2d 79 (1982).