In charge of the legislature for the first time since Reconstruction, Republicans are working overtime to infuse their values into the state constitution through amendments — and it’s not sitting well with their Democratic foes.

The GOP has proposed half-a-dozen amendments with a good chance of winding up on the ballot in 2012, an election year that also will feature races for governor and president. Those include traditional red-meat issues for Republicans, such as protecting traditional marriage and private property rights.

Whether those ballot initiates will impact turnout is a big question. Political observers, however, say that statewide and federal races will drive interest more than anything down ballot.

“It’s the tail, it’s not the dog,” said Andrew Taylor, a political science professor at N.C. State University, of the proposed amendments. “It’s the presidential race that’s really going to shape voters’ attitudes going into 2012 and whether they decide to vote and who they’re going to vote for.”

Getting the amendments on the ballot is a hefty task in and of itself. A three-fifths majority vote of the legislature — 72 votes in the House, 30 in the Senate — is needed. Gov. Bev Perdue can’t impact the outcome because the state’s chief executive can’t veto proposed amendments.

Republicans have enough votes in the Senate to meet that threshold, but are four votes short in the House, meaning the ideas would need to gain at least some bipartisan support.

But Democrats have been wary of the GOP-backed amendments. “Constitutional amendments need to be very, very carefully looked at,” said House Minority Leader Joe Hackney, D-Orange. “They need to be the subject of considerable scrutiny in committee.”

Getting traction

Three proposed amendments already have been voted out of committee. House Bill 8, Eminent Domain — would prevent local governments from taking private property for nonpublic uses, such as to increase tax revenue. It also requires just compensation in eminent domain takings, and gives property owners the right to have a jury set compensation. Barring any unexpected setbacks, H.B. 8 could cruise to the ballot, as it passed the House by an 89-28 margin on Tuesday. It now goes to the Senate.

Another measure — House Bill 61, Speaker/Pro Tem Term Limits, would restrict the number of terms a lawmaker can serve as either chamber’s top leader.

H.B. 61 passed the House in early April by a razor-thin 72-46 margin, the barest minimum needed for successful approval. It hasn’t been run in the Senate yet.

More legislation — House Bill 87, Sunshine Act — has generated lots of heat but scant results. As written initially, the bill would have enshrined North Carolina’s open-records law into the state constitution.

After Democrats and some Republicans objected, chief sponsor Rep. Steven LaRoque, R-Lenoir, converted the amendment to a statute. After that elicited still more objections, LaRoque plans to reintroduce the measure as an amendment, but more limited in scope than the original proposal.

Raleigh-based political consultant John Davis warned that Republicans shouldn’t spend too much political capital pushing amendments that aren’t front-and-center for North Carolinians.

“If Republicans spend a whole lot of time on agenda items that are not on the top 10 list or the top three list of voters, then they risk getting in trouble,” he said.

Backbenchers

A number of constitutional amendments haven’t seen action so far, but could be brought up in committee in the near future. They include:

• House Bill 188, Taxpayer Bill of Rights: Commonly known as TABOR, the amendment would require new General Fund expenditures to correlate with population plus inflation. A two-thirds majority vote of the General Assembly would be needed to exceed the expenditure limit. Assigned to the House Judiciary Committee Feb. 28.

• Senate Bill 106, Defense of Marriage: Would specify that “marriage between a man and a woman is the only domestic legal union that shall be valid or recognized” in North Carolina. The amendment would strengthen statutes already on the books that define civil marriage as a heterosexual institution only. Assigned to the Senate Rules Committee Feb. 23.

• Senate Bill 139, Gubernatorial Team Ticket Implementing: The amendment requiring that the governor and lieutenant governor run on the same ticket, like the U.S. president and vice president do. The change wouldn’t go into effect until the 2016 gubernatorial election. Assigned to House Judiciary Committee Feb. 28.

• House Bill 783, Independent Redistricting Commission: Would create a nine-member commission responsible for drawing district boundaries beginning with the 2020 census. The chief justice of the N.C. Supreme Court, governor, House speaker, Senate leader, and minority party leaders in both chambers would appoint the commission members. Assigned to the House Elections Committee April 7.

• House Bill 491, NC Certificates of Participation Referendum: An amendment to require a vote of the people when the state wants to finance the purchase of real estate or construction projects. Right now, legislators don’t have to obtain voter approval for the borrowing, which often entails higher interest rates than other types of loans. Assigned to the House Finance Committee March 29.

• House Bill 158, Limit Legislators to Four Consecutive Terms: The amendment would limit all General Assembly lawmakers to four consecutive terms in a chamber. A lawmaker could serve four terms, step aside for one term, and then serve another four. Assigned to the House Rules Committee Feb. 23.

• House Bill 325, Judicial Appointment/Voter Confirmation: The amendment would scrap North Carolina’s election-based method of electing judges in favor of an appointment-retention system. The governor would appoint judges and justices to the state Court of Appeals and Supreme Court who would later face a retention election. Superior and district court judgeships would remain election-based. Assigned to the House Rules Committee March 14.

David N. Bass is an associate editor of Carolina Journal.