INSIDE THIS ISSUE: DEPARTMENTS House votes North Carolina 2 C A R O L I N A Education 10 to move Local Government 12 From Page 1 14 state’s presi- Higher Education 17 dential pri- Books & the Arts 20 Opinion 24 mary /3 A MONTHLY JOURNAL OF NEWS, ANALYSIS AND OPINION Parting Shot 28 JOURNALFROM THE JOHN LOCKE FOUNDATION May 2015 Vol. 24 No. 5 STATEWIDE EDITION Check us out online at carolinajournal.com and johnlocke.org Island Awash in Title Questions, Irregularities a significant portion of the island. Johnson and Owens acquired the Politically connected island from Jeffrey Rose, a convicted felon and registered sex offender. Rose men acquired island acquired the island from Boykin’s ex- wife two years after she received it. with title problems Meantime, the state of North Car- By Don Carrington olina has claimed ownership of a large Executive Editor portion of the island, even though RALEIGH property records show the state’s hen two politically connect- only official claim to the property is a ed men began building new boundary line agreement negotiated houses in 2013 on an island with Rose’s attorney before the island WDare County resident Bill Boykin pur- was transferred to Johnson and Owens. chased in 1997, Boykin concluded the Boykin, 60, lived in Greensboro chain of events leading up to the con- before moving to Dare County in 1998. struction didn’t pass the smell test. He has been in the landscaping busi- He had lost the island in a 2006 ness since 1978. divorce settlement, but he became con- In real estate transactions, the term “cloud on title” refers to irregu- vinced that ownership of the island at Bill Boykin of Dare County believes he may still own a portion of an island he bought the time he lost it was unclear, that the in 1997, later lost in a divorce settlement, and which ended up in the hands of the larities in the chain of ownership. It can state’s claim to own part of it is ques- state and two politically connected men who built houses on the property. (CJ photo involve unpaid taxes, improperly writ- tionable, and that currently there are by Don Carrington) ten deeds, incorrect surveys, or miss- “clouds on the title.” sex offender who had acquired the is- The good times he later had with ing owners. The two men who built the land from Boykin’s ex-wife. his sons on the island — known as “Is- A cloud makes it hard for a prop- houses ­— former Dare County Com- The tale of the island’s muddled land L” on state maps — came to an erty owner to convey a clear title to an- missioner Michael Johnson and politi- ownership began in 1996 when a friend end when he lost control of it after the other party. Parties to transactions in- cally active Manteo businessman R.V. from Greensboro offered to sell Boykin divorce proceeding. volving clouds can resolve the matter Owens III, a former member of the the Dare County island for $5,000. He now thinks neither Johnson, through quitclaim deeds or other legal UNC Board of Governors and nephew Even after learning the state of North Owens, nor the state of North Carolina documents, but if they cannot agree, of longtime Democratic Senate leader Carolina claimed partial ownership, had clear title to the property (known one party often ends up going to court Marc Basnight — acquired the island in January 1997 Boykin completed the in real estate terminology as “clouds from a convicted felon and registered purchase. on the title”) and that he still may own Continued as “Island,” Page 14 Federal Justices Toss Districts Back to State PAID By Barry Smith ing committees when the maps were RALEIGH, NC U.S. POSTAGE Associate Editor drawn four years ago. PERMIT NO. 1766 NONPROFIT ORG. RALEIGH “Today’s procedural ruling is alfway through the decade not unexpected, and we are confident for which the state’s congres- that our state Supreme Court will once sional and legislative district again arrive at the same result and the Hmaps were created, the U.S. Supreme U.S. Supreme Court will affirm its de- Court has bounced them back to the cision,” Lewis and Rucho said in the N.C. Supreme Court. statement. The nation’s high court didn’t North Carolina Democratic lead- overturn North Carolina’s maps, ers took a different view. State Demo- drawn in 2011 by the Republican-con- “Since 2011, every court that cratic Party Chairwoman Patsy Keever trolled General Assembly. Instead, it has issued an opinion and the Obama used the action to ask for donations to told North Carolina’s top court to re- Justice Department have reached the the party. “This will give us more com- consider the case in light of an earlier same conclusion — North Carolina’s petitive legislative races and will allow ruling from the justices on Alabama’s redistricting maps are constitutional,” us to elect more Democrats to the legis- redistricting maps. said Rep. David Lewis, R-Harnett, lature,” she said in an email. GOP legislative leaders called the and Sen. Bob Rucho, R-Mecklenburg, Two leaders of the state’s Main U.S. Supreme Court’s action nothing in a joint statement. The two chaired The John Locke Foundation 200 W. Morgan St., #200 Raleigh, NC 27601 more than a procedural move. their respective chambers’ redistrict- Continued as “Federal,” Page 15 PAGE 2 MAY 2015 | CAROLINA JOURNAL North Carolina C a r o l i n a Bill Would Require Judicial ‘Retention’ Elections By Barry Smith Journal Associate Editor RALEIGH Rick Henderson he state House on April 21 nar- Managing Editor rowly approved a bill that would require appellate judges to win Don Carrington retentionT elections to hold their seats. Executive Editor If House Bill 222 becomes law, it

would apply to the chief justice and Mitch Kokai, Michael Lowrey other justices on the N.C. Supreme Barry Smith, Kari Travis Court as well as all judges on the N.C. Dan Way Court of Appeals. A separate measure Associate Editors restoring partisan elections for judges passed the House and was awaiting Chad Adams, Kristy Bailey Senate action at press time. David N. Bass, Lloyd Billingsley H.B. 222 passed by a 60-57 vote Kristen Blair, Roy Cordato even though several lawmakers ques- Becki Gray, Sam A. Hieb Lindalyn Kakadelis, Troy Kickler tioned the need for the change and George Leef, Karen McMahan House Speaker Pro Tem Paul “Skip” Donna Martinez Karen Palasek Stam, R-Wake, issued a memo chal- Marc Rotterman, Jesse Saffron lenging the constitutionality of the pro- Legislation to require retention elections would affect justices on the N.C. Supreme Terry Stoops, Andy Taylor posed statute. Court, such as Chief Justice Mark Martin (shown above speaking at a John Locke Michael Walden, Hal Young Under the legislation, appellate Foundation event), as well as judges on the N.C. Court of Appeals. (CJ photo by Don Carrington) John Calvin Young judges would continue to take office Contributors initially by winning a two-candidate His effort to amend the bill to contests. At the time, Republicans had election. To serve a second or subse- reinstate the public campaign finance begun winning judicial elections with Joseph Chesser, Zak Hasanin quent term, however, a “retention” fund for appellate judicial candidates regularity even though Democrats Catherine Koniecsny, Austin Pruitt election would be held at the end of was ruled out of order. greatly outnumbered Republicans in Matt Shaeffer the term, with voters being asked to Rep. Michael Speciale, R-Cra- voter registration. State Democratic Interns decide if the judge deserves an addi- ven, didn’t like the proposed change. Party leaders championed the shift tional term. “There’s nothing wrong with the to nonpartisan elections in hopes of Published by Any judge receiving 50 percent or system that we have,” Speciale said. blunting the GOP’s successes. The John Locke Foundation more “yes” votes would win another “Please vote this thing down.” 200 W. Morgan St., # 200 In committee, Jones said voters eight-year term. Those not receiving Rep. Marilyn Avila, R-Wake, Raleigh, N.C. 27601 are asking for more information about majority approval would leave office. agreed with Speciale. “I personally (919) 828-3876 • Fax: 821-5117 judicial candidates, and adding a par- www.JohnLocke.org The governor then would appoint a don’t see any reason why we need to replacement to serve until the next go through this convoluted method,” tisan label would provide additional general election, where he or she could Avila said. “Taking the power of the context. Jon Ham win a full term in a two-candidate elec- voters to make that decision is not the “The main question that I hear Vice President & Publisher tion. Retention elections would apply way to go.” from citizens — tell me something only to judges who have been elected, Stam chaired about the judg- Kory Swanson not to those who were appointed to the the debate on the es,” Jones said. President bench by the governor. House floor but did The N.C. judiciary “Both of the po- John Hood The process for replacing judges not discuss the bill litical parties are Chairman who were defeated in a retention elec- at that time. The is the target of out there stump- tion would be the same as that for memo he distrib- ing for their can- Charles S. Carter, Charles F. Fuller judges who retire, resign, die in office, uted asserts that legislative interest didates, giving Bill Graham, John M. Hood or are removed during their terms. the bill unconsti- out their informa- Assad Meymandi, Baker A. Mitchell Jr., in the current “For those folks that actually tutionally expands tion at the polls.” David Stover, J.M Bryan Taylor have been elected — have been duly Board of Directors the meaning of the session “Give the elected in a race — at the end of their word “election” in people more in- Carolina Journal is term, they would be subjected to a re- the N.C. Constitu- formation,” Jones a monthly journal of news, tention election,” Rep. Robert Bryan, tion to include a re- continued. “Let’s analysis, and commentary on R-Mecklenburg, explained to his col- tention election. It notes that the word just be transparent about it, folks.” state and local government leagues on the House floor. “It would “election” is used numerous times in Rep. Pricey Harrison, D-Guil- and public policy issues in just be an approval. Basically do you the Constitution, and if the General North Carolina. ford, said judicial elections should re- want to retain Joe Smith as a Supreme Assembly could expand the definition ©2015 by The John Locke Foundation main nonpartisan. Court justice? It would be a yes or no to include retention elections for ap- Inc. All opinions expressed in bylined articles “I think the public’s perception to retain that person.” pellate judicial races, couldn’t it do the are those of the authors and do not necessarily out there is that judges shouldn’t be According to Ballotpedia, 18 same for other elections, such as those reflect the views of the editors of CJ or the pigeonholed into one party or the oth- staff and board of the John Locke Foundation. states require at least some judges to for governor or the legislature. er,” Harrison said. “I feel like the pub- Material published herein may be reprinted as win retention elections to keep their The memo also asserts that the long as appropriate credit is given. Submis- seats. Among them, Illinois and Penn- change would violate the constitution lic out there is actually interested in sions and letters are welcome and should be sylvania have electoral systems similar by disqualifying people other than in- less partisanship in elections. I know directed to the editor. to that proposed in H.B. 222. Illinois cumbents for running for those appel- I am.” CJ readers wanting more information In 1996, the state removed the between monthly issues can call 919-828- adopted retention elections in 1964, late court seats. 3876 and ask for Carolina Journal Weekly and 29 judges have lost retention elec- At press time, the full Senate had partisan designation from elections Report, delivered each weekend by e-mail, tions. Pennsylvania adopted its system taken no action on the bill. for Superior Court judges. In 2001, or visit CarolinaJournal.com for news, links, in 2013. House Bill 8, sponsored by Rep. the General Assembly approved a law and exclusive content updated each weekday. Rep. Grier Martin, D-Wake, of- Bert Jones, R-Rockingham, would re- making District Court elections non- Those interested in education, higher educa- fered support for the move. “This isn’t store partisan judicial elections state- partisan. Beginning in 2004, elections tion, or local government should also ask to a complete solution, but it is a good receive weekly e-letters covering these issues. wide. In 1996, the state began shift- for appellate court judgeships became step forward,” Martin said. ing judicial elections to nonpartisan nonpartisan. CJ MAY 2015 | CAROLINA JOURNAL PAGE 3 North Carolina House Votes to Move N.C.’s 2016 Presidential Primary to March 8

four” could hold primaries without penalty was “arbitrary.” Amendment to create Rucho said he hopes he and Sen- ate President Pro Tem Phil Berger, R- governor/lt. governor Rockingham, can discuss the primary date with RNC members and persuade tickets failed them to drop any threatened penalties. By Barry Smith “To disenfranchise our voters Associate Editor and take away the momentum would RALEIGH be less than beneficial,” Rucho said. he state House approved a bill Even so, Lewis said on April 22 on April 22 that would shift next he had communications from both ma- jor parties indicating they would have year’s North Carolina presiden- no problem with a March 8 North Car- tialT preference primary from late Feb- olina primary. ruary to March 8. That same day, the The separation of the presidential chamber nixed a proposed amendment preference primary from other state to the N.C. Constitution that would and local primaries would add an ad- have required a party’s candidates for ditional cost for local elections boards. governor and lieutenant governor to Based on the cost of the second pri- run as a team on general election bal- mary in 2012, local boards estimate the lots. March 1 must get the approval of both lina. cost for the separate presidential pri- House Bill 457, the presidential national parties to have their full slate “This change is made to comply mary to be $2.9 million. primary move, is aimed at averting of nominating delegates seated at the with the rules of the two major politi- Josh Lawson, a spokesman for likely penalties to the state’s delega- respective conventions. States that cal parties,” Rep. David Lewis, R-Har- the State Board of Elections, also noted tions to the 2016 Republican and Dem- held early nominating elections with- nett, told the House before the vote. that the 2013 election law includes re- ocratic national conventions if the bal- out approval would see their delega- The bill has bipartisan support. quirements that local elections boards loting were held before March 1. tions reduced significantly — perhaps Earlier that day, during a review by offer the same access to early voting in Both major parties want to limit by more than 80 percent. Four states the House Elections Committee, Rep. the 2016 presidential primary as they the front-loading of presidential pri- have permission to hold primaries or Mickey Michaux, D-Durham, en- did in 2012. Rucho said it was the Gen- maries and caucuses. Any state sched- caucuses before March 1: Iowa, New dorsed the bill. eral Assembly’s intent for local elec- uling primaries or caucuses before Hampshire, Nevada, and South Caro- “You [Republicans] are going to tion boards to do just that. lose some delegates if this thing stays Supporters of House Bill 344, the the way it is, and we [Democrats] are gubernatorial team ticket measure, Stay in the know with the JLF blogs going to lose some, too,” Michaux said. were not able to muster the three-fifths Visit our family of weblogs for immediate analysis and commentary on issues great and small “I don’t see that we have much of a majority required to place the pro- choice.” posed amendment before voters. Only Traditionally, North Carolina has 60 voted in favor of the measure, with held its presidential preference pri- 58 opposing it. mary in May, along with primaries for It would have stipulated that, statewide and local offices. In 2013, the beginning in 2020, party nominees for General Assembly passed a bill mov- The Locker Room is the blog on the main JLF Web site. All JLF employees and many friends of the governor and lieutenant governor run foundation post on this site every day: http://www.johnlocke.org/lockerroom/ ing the presidential preference pri- as a team in the general election. Had mary to the first Tuesday after South Carolina holds its presidential prefer- the measure been approved by the ence primary. General Assembly, it would have been That shift is likely to place the on the ballot for ratification in 2018. presidential primary on Feb. 23, 2016. “It just makes sense that the lieu- However, the Republican National tenant governor should be of the same Committee has said it would reduce party as the governor,” said Rep. Bert the North Carolina delegation from 72 Jones, R-Rockingham, who sponsored The Meck Deck is the JLF’s blog in Charlotte. Jeff Taylor blogs on this site and has made it a must-read to 12 if the state’s primary occurs be- the bill. Jones said that of the 43 states for anyone interested in issues in the Queen City: http://charlotte.johnlocke.org/blog/ fore March 1, 2016. with lieutenant governors, 25 of them Lewis said that lawmakers run as a team with the nominee for moved up the state’s presidential pri- governor in the state’s general election. mary because nominees typically have Making sure the governor and lieuten- been chosen by May. ant governor are from the same party “It makes sure we can be as rel- would make for a smooth transition in evant as we can be,” Lewis said of H.B. case the governor leaves office, he said. Piedmont Publius is the JLF’s blog in the Triad. Greensboro blogger and writer Sam A. Hieb mans the 457. Michaux, however, said the controls to keeps citizens updated on issues in the Triad: http://triad.johnlocke.org/blog/ The bill passed the House 111-1 change wasn’t necessary. “We’ve lived and moves to the Senate. Previously, well with what we have right now,” Sen. Bob Rucho, R-Mecklenburg, had Michaux said. said he didn’t think the move was nec- Rep. Larry Pittman, R-Cabarrus, essary, since the current law would not said the state’s founders were wise not interrupt the order of state presidential to have the two top executive branch primaries and caucuses. officers elected jointly. “We never purposefully inter- “North Carolina has been, in the The Wild West is the JLF’s blog in Western North Carolina. Asheville’s Leslee Kulba blogs in this site, designed to keep track of issues in the mountains of N.C.: http://western.johnlocke.org/blog/ fered with the rotation that they had — past, a state that was reluctant to trust too Iowa, New Hampshire, Nevada, and much power to government,” Pittman South Carolina,” Rucho said. He said said. “They were wise enough to give us the RNC’s choice of March 1 as the ear- an independent lieutenant governor by The John Locke Foundation, 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 liest date that states outside the “first not giving us a team ticket.” CJ PAGE 4 MAY 2015 | CAROLINA JOURNAL North Carolina State Briefs Bond Proposals Could Mean Voting Early and Often orth Carolinians’ tax bur- den ranked 19th nation- By Barry Smith is expected to be the highest. Both measures died in the Sen- ally, placing the state’s Tax Associate Editor ate. NFreedom Day on April 16, accord- RALEIGH McLennan said turnout may be higher than usual if a ing to the nonpartisan Tax Foun- he McCrory administration will ask North Carolina lot of campaigning takes place supporting or opposing the dation in Washington, D.C. voters to approve transportation and infrastructure bonds. He added that it’s far from certain the bonds would Tax Freedom Day is the theo- bonds at a time that citizens in most (but not all) cities pass. retical date that the average tax- willT elect mayors and council members. Holding the refer- “It could be a risk for Gov. McCrory,” McLennan said payer has earned enough to satisfy endums this November also would ask voters statewide to of putting the measure before voters in a low-turnout en- his federal, state, and local tax ob- cast ballots as many as five times over roughly one year. vironment. “[If] it goes down to defeat in 2015, that would ligations for the year. North Caro- “Within a 12-month period you’d have a statewide make him appear weaker going into 2016” and his re-elec- lina’s 2015 Tax Freedom Day of bond, a statewide presidential preference primary, you’d April 16 arrived eight days earlier tion campaign. have a May primary, you’d potentially have a runoff pri- than the U.S. Tax Freedom Day, Meantime, it may be more difficult to get voters to fo- mary, and then you’d have the general election,” said Josh April 24. cus on a bond referendum in 2016, with contests for presi- Lawson, a spokesman for the State Board of Elections. The national tax bill this year dent, U.S. senator, and governor on the ballot, along with adds up to $3.3 trillion in federal The law now in ef- congressional, legisla- taxes and $1.5 trillion in state and fect for the 2016 prima- tive, and other state and local taxes. The final tally comes ries breaks tradition. The local races. to $4.8 trillion, 31.1 percent of the state’s presidential pref- Andy Taylor, assis- nation’s total income — more than erence primary would tant professor of political Americans are expected to spend be decoupled from pri- science at N.C. State Uni- on food, clothing, and housing. maries for statewide and versity, said he doubts “Arguments can be made local offices. The House the governor is trying to that the tax bill is too high or too has passed a bill moving influence the outcome low, but in order to have an honest that presidential prefer- of the bond referendum discussion, it’s important for tax- ence primary to March 8, by scheduling it this No- payers to understand cost of gov- with the other primaries vember rather than wait- ernment,” said Tax Foundation occurring in May. (See ing until next year. Economist Kyle Pomerleau. “Tax story on page 3.) “The governor Freedom Day helps people relate Also, about one- seems to think that we to that cost.” third of the state’s vot- need to move relatively Tax Freedom Day was cre- ing precincts, primarily quickly on these kind of ated in the 1940s by Florida busi- rural, would have to gear projects, that they are im- nessman Dallas Hostetler as a up for voters in an elec- portant to the economy measure of federal, state, and lo- tion officials had not an- and can’t really wait,” cal tax burdens. Since 1971, the ticipated. Tax Foundation has compiled and “The state overall has about 2,700 precincts,” Lawson Taylor said, agreeing published the information. said. “About 1,000 of them do not have an election presently with Torbett. “Pushing the bond back to even the primary Variations in federal, state, scheduled for them on Nov. 3.” or November 2016, that may be too late.” and local tax burdens result in Moreover, eight counties currently have no elections Taylor said that McCrory has talked a lot about want- each state reaching its Tax Free- scheduled for November. ing to get these highway projects under construction im- dom Day at a different time. A handful of municipalities and at least one county mediately. “Waiting another year or waiting another six North Carolina’s Tax Free- school board have scheduled October elections, with poten- months undermines this argument,” Taylor said. dom Day comes two days later tial runoff dates in November. Torbett acknowledged that having referendums this than last year, but reasons for the fall would be a change for rural voters. “It would be one shift are harder to discern. While In April, state Transportation Secretary Tony Tata told the North Carolina Chamber’s Transportation and Infra- reason to go vote, as we should always go do.” national Tax Freedom Day statis- Tata told the N.C. Chamber that he hoped an early tics are comparable from year to structure Summit that the McCrory administration would bond referendum would allow the DOT to take advantage year, accurate state-by-state com- push for the transportation bond in November 2015. He also of lower interest rates. “All the indications are that interest parisons aren’t possible, Pomer- said the governor wants another bond referendum, for state leau said, as states may not report and higher education buildings and repairs, on the ballot. rates won’t stay where they are,” Tata said. data identically across multiple Each referendum is expected to authorize between $1.2 bil- He said projects already have been identified. agencies from one year to the next. lion and $1.4 billion in borrowing. “There are about 30 projects in this transportation The first states celebrating Rep. John Torbett, R-Gaston, co-chairman of the bond,” Tata said. “And then we also have a prioritized way tax freedom this year were Louisi- House Transportation Committee, supports a November of ranking unpaved roads.” Tata said there are about 270 ana and Mississippi on April 2 and 2015 transportation bond referendum. unpaved roads in the state, mostly in the western and east- April 4, respectively. On May 13, “The longer we wait, the worse things get,” Torbett ern parts of the state. Connecticut and New Jersey resi- said. “We owe, first and foremost, the citizens who [de- Previously, the McCrory administration had indicated dents will be the last to pay their serve] the best that we can possibly give to them. Right now that the governor would not seek voter approval of the trans- tax bills. I’ve heard that beyond deserving, they’re demanding that portation bonds. In a “fact sheet” sent out by McCrory’s of- Among North Carolina’s we get our infrastructure back on line.” fice when he released his budget in March, the administration neighbors, Tennessee and South David McLennan, visiting professor in the Political said it would seek funding for the transportation undertak- Carolina paid their tax bills on Science Department at Meredith College, noted that the ings through a “revenue bond,” which borrows against antic- April 9 and April 12, while next- governor may want to hold the referendum this fall rather ipated future revenues to the state but does not require voter door residents Georgia and Virgin- than in 2016 for strategic reasons. approval. General obligation bonds, which pledge the taxing ia achieved tax freedom on April “It’s going to be a low turnout election if it is on the power of the state, do require voter approval. 15 and April 27. ballot this fall,” McLennan said. “There’ll be some places Tata said that originally the administration was con- If the nation’s total tax bill outside the cities where it will be the only thing on the bal- sidering issuing a revenue bond. also accounted for current federal borrowing — which represents fu- lot, [which] may help it pass.” “There are pros and cons from a credit rating stand- ture taxes owed — Tax Freedom McLennan suggested turnout may be 10 percent or point and from a political standpoint, I think, on doing the Day would arrive 14 days later, on lower this fall. general obligation versus the revenue bond,” Tata said. May 8. CJ The House has passed legislation in each of the past Among the items identified in the fact sheet for the two sessions that would allow referendums like the one fa- buildings and infrastructure bond are facilities for the Na- — KARI TRAVIS vored by the governor to be held only on primary or general tional Guard, community colleges, and other agencies to election days in even-numbered years, when voter turnout help create economic development opportunities. CJ MAY 2015 | CAROLINA JOURNAL PAGE 5 North Carolina Report: Restrictions on Nurse Roles Costing North Carolina Billions

By Dan Way the bills. Associate Editor “Repealing the physician super- RALEIGH vision requirement for nurse practi- orth Carolina could save as tioners would be a mistake and a step much as $4.3 billion while backward,” Seligson said. easing, if not eliminating, a “Nothing in today’s law limits a Nlooming doctor shortage by updating nurse practitioner’s range of services,” statutes that restrict the operations of Seligson said. “But if supervision is high-level nurses, a Duke researcher gone, then limits will be needed to en- says. sure patient safety. That will seriously Companion bills were intro- limit the usefulness of nurse practitio- duced in the House and Senate relax- ners in our system and force us into ing outdated restrictions that limit a one-size-fits-all approach to nurse the functions performed by advanced practitioner regulation.” practice registered nurses — nurse Conover counters that “the qual- practitioners, certified registered nurse ity-of-care literature” shows no differ- anesthetists, certified nurse midwives, ence in terms of clinical metrics such as and clinical nurse specialists. patient outcomes and mortality. But it A report by Duke University re- does show that patient satisfaction is search scholar Chris Conover and doc- higher when care is delivered by nurs- toral student Robert Richards notes es rather than doctors. that those nurses with those certifica- “When you have a monopoly on tions offer patient care in a broad range a system, you tend to fight things that of settings, including practices in offic- make changes to that monopoly,” bill es and clinics as well as inpatient and Bills have been offered in the N.C. General Assembly to relax what critics say are out- sponsor Sen. Ralph Hise, R-Mitchell, outpatient hospital settings. dated restrictions that limit the function of registered nurses. (CJ photo by Dan Way) said at the news conference. He said “Various studies have indicated Medical Society opposition is “du- that expanded use of advanced prac- similar” is fully implemented by 2020, expanded use of APRNs could “com- plicitous” because doctors “hand over tice nurses under less restrictive regu- the demand for medical care in North pletely eradicate the shortage of OB- a lot of their work and practice” to lation would produce annual health Carolina will rise 3.1 percent if Medic- GYNs.” advanced practice nurses on a daily system savings of anywhere from 0.63 aid is not expanded, and will jump by At least 85 percent of the expect- basis. percent to 6.2 percent,” Conover said 5.7 percent if Medicaid is expanded, ed shortage of anesthesiologists, and Entrenched interests “want to during an April 22 news conference. Conover said. possibly the entire shortage, could be keep their control … even though “In North Carolina, annual Less restrictive regulation of eliminated by expanded use of cer- [health care] spending, we estimate, APRNs would result in a net increase tified registered nurse anesthetists, they’re creating systems that are failing was $69 billion in 2012. So these num- of 1,744 full-time-equivalent advanced Conover said. communities” such as in the mountain bers translate into annual savings of practice nurses, he said. That would “The state’s outdated regulations regions of Western North Carolina that anywhere from $443 million to $4.3 reduce the expected shortage of pri- include red tape in the form of ‘phy- he represents, Hise said. billion. That’s a lot of money. That mary care physicians resulting from sician supervision’ business contracts “We’re looking to remove some amounts to $44 to $437 per North Car- anticpated Obamacare-related early that do not require physicians to actu- of those regulatory burdens with high- olinian,” Conover said. He expects the retirements and flight from the profes- ally care for patients or even step foot ly trained medical jobs, medical jobs savings to be closer to the high end of sion “by at least 92 percent,” excluding in the APRN’s practice,” Chris Cow- that will serve in our rural communi- the range. OB-GYNs. perthwaite, a spokesman for the North ties, but it will also save millions of Savings largely would be due “The expected increase in nurse Carolina Nurses Association, said the dollars,” Hise said. to advanced practice nurses earning midwives alone would reduce the ex- day after the news conference. While Western Carolina Uni- about 40 to 50 percent of what physi- pected shortage of OB-GYNs by 17 “These contracts are often very versity, Appalachian State University, cians make, and training at lower cost. percent,” Conover said. But depend- costly — especially for APRNs who and Mars Hill University have opened If Obamacare “or something ing on their area of specialization, the don’t work within hospital systems,” nursing programs or are in the process Cowperthwaite said. Senate Bill 695 of doing so, more faculty members are and House Bill 807 “would bring needed to expand community college North Carolina in line with other nursing programs, he said. states that have already modernized “Every day we’re hearing the health care by letting APRNs practice problems we have with health care without these costly and unnecessary in North Carolina. We’ve got a crisis requirements.” here and a crisis there. We don’t have He said the bills do not expand access. We don’t have full service. We the scope of services that advanced can’t take care of everybody,” said Rep. practice nurses can provide. But be- Marilyn Avila, R-Wake, sponsor of the cause APRNs must practice under House bill. contract with a supervising physician, “And some of those problems un- these nurses might have to stop see- fortunately lay at the feet of legislators ing patients if their supervising phy- because of statutes we have in place sician moves out of state or dissolves that are outdated because of changes the business relationship for any other reason. in technology, changes in education, The other “substantive change” in professions across the board,” Avila in the proposed legislation would put said. “We’ve put in a lot of restrictions all APRN regulation solely under the that today don’t really help us.” Board of Nursing. North Carolina is The nursing profession is an ex- one of only four states that regulate ample in which more autonomy is nurse practitioners through both a merited, she said. nursing board and a medical board, “You’ve got nurses now with Cowperthwaite said. master’s [degrees] and Ph.D.’s,”Avila Robert Seligson, CEO of the said. “I don’t know of a profession North Carolina Medical Society, said right off the bat that has changed so the physician organization opposes dramatically” in the past 50 years. CJ PAGE 6 MAY 2015 | CAROLINA JOURNAL North Carolina Experts: Medicaid Reform More Important Than Expansion

By Dan Way Florida spends on Medicaid … but McCrory and Department of Health Associate Editor your value for your dollar really isn’t and Human Services Secretary Aldona RALEIGH that great,” Herrera said, noting that Wos want to let providers create their ombining aspects of competing more than half of the health outcomes own networks under the ACO model. House and Senate Medicaid re- North Carolina Medicaid tracks have Conversely, in Kansas, hospitals form proposals could give pa- been declining since 2008. and doctors supported the coordinated Ctients more choices while remaining “When you unleash the power of care reforms. In Florida, the hospitals accountable to taxpayers, said a panel the private sector, you are able to create were on board with change, but doc- of experts at an April 13 briefing for Medicaid plans that tailor themselves tors took longer to convince for fear policymakers and industry officials. not to the needs of the bureaucrats, but their rates would be cut. The experts added that those to the needs of the Medicaid patients Ironically, Levine said, the man- reforms could take place in isolation themselves,” Herrera said. aged-care Medicaid programs were from the debate over expanding Med- Aside from MCOs and ACOs, able to pay higher rates than ACO icaid under the Affordable Care Act. Florida has specialty plans for foster models, and participating doctors “Don’t think you have to link care, HIV/AIDS, and severe mental could negotiate rates rather than the Medicaid reform with Medicaid ex- Lt. Gov. Jeff Colyer of Kansas speaks at health needs. government-set rates of ACOs. pansion [under Obamacare]. Medic- the John Locke Foundation-sponsored “The more “ O v e r aid expansion is fraught with its own Medicaid reform panel on April 13. Medicaid plans time the hospi- problems,” said Christie Herrera, a that you have in tal provider net- health policy expert at the Florida- over several years even though the your reform, the Panel advised works found they based Foundation for Government state’s Medicaid population is about more you have le- that Medicaid couldn’t achieve Accountability, a think tank studying one-quarter the size of North Caro- verage over them. the same savings as the MCOs,” so health care issues. lina’s. When you have should not be they developed re- “If the legislature does not want “Try to think about it as an en- fewer plans, the lationships to split to do expansion, that does not dimin- tire state, and an entire ecosystem, more they have expanded services, Levine ish the need to reform Medicaid be- and then if an ACO wants to compete leverage over you against MCOs, then you can do some- said. cause the cost growth and the quality as the lawmaker,” when it’s thing. Don’t let them carve out pieces North Caro- of the program” must be addressed Herrera said. of all the best parts” for one type of “already a lina has great hos- immediately, said Alan Levine, CEO K a n s a s ’ system, Colyer said. pitals, “but just of Mountain States Health Alliance, a Medicaid spend- runaway train Levine agreed that competition because you’re 14-hospital system in northeast Ten- ing was growing should be part of any reform. Florida a great hospi- nessee. by 10 percent a in terms offers up to 14 plan options to Med- tal doesn’t mean “It’s the worst thing to do an year before Kan- icaid recipients, and Louisiana chose of cost” you’re a great in- expansion when you have a program Care was created. five plan administrators from among surance company. that’s already a runaway train in terms KanCare’s three 14 bidders. Both states have saved You have to invest of costs,” said Levine, who devised insurer-led pro- hundreds of millions of dollars while a lot of capital and Medicaid reform plans in Florida and grams were not allowed to cut pro- expanding patient choice. a lot of human resources into creating Louisiana. vider rates, drop Medicaid recipients, He said ACOs and MCOs should something that the market has already The John Locke Foundation or reduce services. They also were re- operate on a level playing field and created” at a cost of billions of dollars, sponsored the Medicaid reform panel quired to contain costs and focus on given “the opportunity to prove if Levine said. at which Herrera, Levine, and Kansas improving outcomes for the most cost- “I promise you,” he said, “good Lt. Gov. Jeff Colyer spoke to legisla- they can do it. If they can’t, the system will evolve, the market will work,” ly patients, Colyer said. providers, good hospitals, and doc- tors, insurance company officials, and In North Carolina, hospitals, phy- tors that work together with the pay- health care providers. and those not able to meet financial and healthy-outcomes goals would be sicians, and professional organizations ers, they find ways to be very success- Florida, Kansas, and Louisiana adamantly oppose MCOs. Gov. Pat ful in that model.” CJ have added elements of competition weeded out. to their Medicaid systems, saving hun- However, he opposes the Senate dreds of millions of dollars. None has pitch for an independent Medicaid au- expanded Medicaid under Obamacare. thority. North Carolina reform has stalled “I do think that creating a sepa- Visit because the governor and members of rate organization creates more bu- the two legislative chambers cannot reaucracy. You want the governor to Carolina Journal Online agree on a model for delivering ser- be held accountable for managing the vices. program through the person that he or The House and the McCrory ad- she appoints,” Levine said. ministration support an Accountable “Kansas had problems with its Care Organization model, placing hos- health policy authority. In fact one of pital- and physician-driven networks the first things Gov. [Sam] Brownback in charge of Medicaid. did after taking office [in 2011] was to The Senate prefers Managed Care dismantle the health policy authority Organizations generally run by large because it had ran amuck,” Herrera insurance companies, with hospital- said. Oklahoma’s Medicaid authority led ACOs and doctor-created networks also “has its share of problems.” as part of the mix. The Senate also has “North Carolina, like many called for Medicaid to be pulled from states, can’t afford to wait to reform the state Department of Health and Medicaid,” Herrera said. “In the last Human Services and placed under an decade your Medicaid spending has independent, appointed authority. nearly doubled,” enrollment is grow- “We had the same growing pains ing four times faster than the popula- in Kansas” while crafting KanCare, tion, and North Carolina spends more said Colyer, a pediatric plastic surgeon on Medicaid than any other state in the and former Kansas legislator. KanCare region and the national average. is expected to save taxpayers $1 billion “You spend 50 percent more than http://carolinajournal.com MAY 2015 | CAROLINA JOURNAL PAGE 7 North Carolina Report: Proposed Department For State IT Makes Sense areas may need to be consolidated into possible through attrition and re-eval- a branch within the new division to a department for budgetary savings uation of open positions.” track and improve services for veter- JLF says veterans’ or government efficiency, while others In contrast, Curry recommends ans and their families. may benefit from minor organizational that legislators not create a new de- “Of 23 existing state-sponsored issues deserve more changes.” partment targeting the military and or –supported programs targeting vet- The case for an IT department is veterans. Instead, a new Division of erans, at a cost of more than $157 mil- legislative oversight strong, Curry said. “Efforts to consoli- Military and Veterans Affairs within lion, few track outcomes for veterans,” date or coordinate the existing Depart- Curry said. “By implementing perfor- By CJ Staff the state’s informa- ment of Public Safe- mance measures and tracking outcome RALEIGH tion processing re- ty should achieve data, the state can better determine the ov. Pat McCrory’s proposal to sources have been the same goals as extent to which these programs im- establish a new state govern- discussed since a new department, prove the lives of veterans and their ment department for infor- 1983, when the first she said. families. It also would be easier to de- mationG technology makes sense. But state Computer “Veterans pro- termine if any programs need to be re- lawmakers should revisit a similar Commission was grams have been formed or consolidated.” proposal for a department targeting created.” housed within the The report also spells out an ex- veterans affairs. Those are two key R e s t r u c t u r - Department of Ad- panded role for the General Assembly. findings from a new John Locke Foun- ing state IT services ministration for “Establish the Joint Legislative Mili- dation Spotlight report. now should im- nearly the last half- tary and Veterans Affairs Oversight “A new Department of Infor- prove citizen sat- century,” Curry Committee,” Curry said. “Even with a new division, some programs targeting mation Technology would address isfaction, increase said. “There have veterans would continue to be housed the root cause of North Carolina’s IT efficiency, reduce been few systemic in other parts of state government. The challenges by defining one source of complexity, and problems with the new oversight committee would moni- accountability and authority to accel- improve the state’s core functions or tor measured outcomes from veterans erate change, reduce costs, and more ability to attract, re- mission of the many programs and serve as the enforcing effectively manage IT resources,” said tain, and reward IT programs that serve entity to hold agencies accountable. report author Sarah Curry, JLF director talent, Curry said. North Carolina’s This committee also could explore of fiscal policy studies. “On the other “A coordinated and centralized veterans and their families. While it the possibility of moving more of the hand, it’s not clear that the benefits of effort might also save the state money,” has been documented that the state state’s veterans’ programs into the new creating a new Department of Military she said. “It has been estimated that can achieve efficiencies through some division.” and Veterans Affairs would outweigh states that move to a unified structure of the veterans’ programs, there is no Lawmakers should approach the costs.” have saved an estimated 10 percent compelling reason to create the new creation of any new cabinet-level state McCrory included both new de- to 20 percent of their initial operating agency.” department with caution, Curry said. partments in his recommended N.C. budget over five years.” The new division could consoli- “Each new department comes with budget for 2015-17. As Curry develops A unified department would cre- date the programs identified in the administrative costs, such as execu- her own state budget proposals for ate aggregate buying power for con- governor’s budget proposal, including tive management positions from the release this spring, she has focused at- tracts, identify ideas that can work existing Veterans Affairs services, the cabinet secretary to a chief operating tention on the merits of these two pro- across agencies, and improve IT se- State Veterans Home Program, Joint officer, chief finance officer, legisla- posed cabinet-level changes. curity statewide, Curry said. “There Land Use Study, and Base Relocation tive liaison, public information officer, “Whenever a government official would be no need for a major shift in and Closure programs. “That division and human resources director,” she suggests creating a new department state government employees or a new ought to be housed within Public Safe- said. “If the benefits of creating that or agency, one must weigh the cost of work location,” she added. “All cur- ty, where it would be closer to the Na- new department outweigh those costs, creating the department, including the rent cabinet agency IT professionals tional Guard and a Veterans Specialty lawmakers should proceed with the addition of new bureaucracies, with would work for the new department, Court pilot project,” Curry said. proposal. If not, they should consider the potential benefits,” she said. “Some with minimal reductions in staff levels Curry recommends establishing alternatives.” CJ

Join the Carolina Journal Publishers Council Carolina Journal is North Carolina’s real alternative media source, giving you in-depth reports of statewide news, ag- gressively uncovering corruption and holding elected officials accountable and honest.

We have the stories exposing millions of dollars in govern- ment waste, numerous cases of political cronyism, sweetheart real estate deals for politicians, and secret political slush funds.

If you believe government without scrutiny is a dangerous thing, count on Carolina Journal to be your watchdog. Get the inside lowdown on statewide news.

Producing the best journalism in North Carolina is expensive. Keep the presses rolling. Join the Carolina Journal Publish- ers Council today at http://www.carolinajournal.com/sup- port/. PAGE 8 MAY 2015 | CAROLINA JOURNAL North Carolina Lawmakers Trying to Put an End to Diversion of Highway Funds Funding for driver’s education to be in a position to consider it. We’re the state’s main transportation fund $250 million shifted goes to the N.C. Department of Public not there yet.” and finances highway construction Instruction. State Superintendent of Dollar said budget writers are and maintenance, along with the High- Public Instruction June Atkinson did still exploring options that would end way Patrol and the Division of Motor to state General Fund not respond to a request for comment diversions from the Highway Fund to Vehicles. about suggestions for alternative rev- pay for driver’s education. In the 1990s, the Highway Fund every year enue sources. “You’ve began supporting public transporta- Finding got other bud- tion and rail programs. By Barry Smith other ways get pressures Associate Editor During the most recently com- to pay for the — increased pleted fiscal year, the state spent $4.3 RALEIGH Highway Pa- enrollment in billion on transportation programs. tate lawmakers are making efforts trol would be K-12 educa- The largest share of the money — $2 to free more money for highway more difficult tion, increased billion or 47.3 percent —came through construction and maintenance by because it has enrollment in the Highway Fund, and $1.1 billion Spaying for driver’s education and state a much larger higher edu- or 25.5 percent was funneled through troopers out of General Fund revenues price tag. cation, [and] the Highway Trust Fund. The state re- rather than depleting the state’s high- R e p . increased en- ceived nearly $2.2 billion, or 27.2 per- way funds. Dana Bum- rollment in cent of its transportation budget, from “Every year, we’re faced with this gardner, R- M e d i c a i d , ” same off-loading of transportation dol- the federal government. Gaston, has Dollar said. Of the $2 billion Highway Fund lars into the General Fund,” said Rep. introduced a “Those are John Torbett, R-Gaston, who chairs the revenues, nearly $1.4 billion came from bill phasing just the big- motor fuels (gasoline) taxes, $392 mil- House Transportation Committee and out the trans- ticket items.” is vice chairman of the House Finance lion from DMV registrations, $123 mil- fer by reduc- D o l l a r lion from licenses, and $170 million Committee. ing the money going from the High- noted that last year, lawmakers made The General Fund pays for most from other sources. way Fund to the General Fund by $49 the transfer for driver’s education The largest share Highway Fund state government programs, including million a year over the next four years. nonrecurring, meaning they did not spending was used for road mainte- public schools, higher education, pris- Sen. Bill Rabon, R-Brunswick, has filed intend the annual transfer to remain a nance — $940 million. Another $180 ons, and human services programs. a similar bill in the permanent part of million went to bridge preservation, Most highway programs are financed Senate. the budgeting pro- and $62 million was spent on construc- by either the Highway Fund or the Rep. Nelson cess. tion. Highway Trust Fund, which get their Dollar, R-Wake, Millions in Dollar noted An additional $142 million went revenues from gasoline taxes, highway who is senior that for decades, to the Powell Bill program, which is use taxes, auto sales taxes, and vehicle chairman of the funds that are the General As- allocated to municipalities across the registration fees. House Appropria- sembly trans- supposed to be state for street maintenance and con- Between $250 million to $260 tions Committee, ferred about $170 million annually, however, is diverted said budget writ- used for road million annually struction. from those highway funds to pay for ers are taking a from the High- The Department of Transporta- the Highway Patrol and driver’s edu- hard look at what construction are way Trust Fund to tion spent another $196 million on cation, Torbett said. Driver’s ed ac- can be done to end used for purposes the General Fund. multimodal (nonhighway) transpor- counts for $26 million of the total. the transfers. He said in recent tation, including bike and pedestrian Lawmakers may have a “fix” for “This is an such as years, lawmakers paths, rail, and aviation. the driver’s ed component, he said, by issue that’s been have worked to An additional $245 million went finding another funding source to cov- explored for a driver’s education end that transfer to DMV and administration, with $26 er the costs of the program that teaches number of years,” and protect the million going to other spending. new drivers the rules of the road. One Dollar said. Highway Trust The Highway Trust Fund gets its alternative Torbett suggested would “The funds Fund. revenues from a portion of the motor be to use money the state receives from simply aren’t there to contemplate the The Highway Trust Fund, estab- fuels tax, highway use (sales) tax, and fines and forfeitures — which already movement of funding the Highway Pa- lished in 1989, primarily pays for mul- title fees. The trust fund, along with goes to the state’s public schools — for trol out of the General Fund this year,” tilane highways and urban loops. The federal funds, pays for multilane high- driver’s ed. Dollar said. “We would certainly like Highway Fund, established in 1921, is ways and urban loops. CJ FIRST IN FREEDOM Transforming Ideas into Consequences for North Carolina In First in Freedom the John Locke Foundation’s president and research staff apply the timeless ideas of 20th-century con- servative thinkers to such 21st-century challenges as economic stagnation, tax and regulatory burdens, and educational medi- ocrity. To get your copy, go to JohnLockeStore.com. Cost: $10.

The John Locke Foundation, 200 W. Morgan St. Suite 200, Raleigh, NC, 27601 919-828-3876 • JohnLocke.org • CarolinaJournal.com • [email protected] MAY 2015 | CAROLINA JOURNAL PAGE 9 North Carolina JLF: Voluntary Certification Should Replace Most State Licensing

Court ruled that one licensing group, Sanders cites existing private cer- demic research into licensing, Sanders the N.C. State Board of Dental Exam- tification groups that serve more than said. “The strongest, most consistent Report highlights iners, violated federal antitrust laws 300,000 mechanics and more than 4,000 finding in the research literature is this: with restrictions on teeth-whitening locksmiths. “The certification service Licensing yields higher earnings for li- benefits of removing services. and certified professionals work in censed professionals by keeping com- “The need for reform beckons, concert to uphold each other’s reputa- petitors out and prices for consumers barriers to entry and there is a reform that addresses tions,” he said. “The certification ser- high.” legitimate concerns about licensure vice is also better able to adjust quickly Occupational licensing proves By CJ Staff while upholding North Carolinians’ to changing service dynamics, discard especially harmful to the poor, Sanders RALEIGH self-evident constitu- insufficient stan- said. “This harm is both direct and in- orth Carolina could promote tional right to ‘the en- dards, and adopt direct,” he said. “Higher prices on ser- job creation, lower consumer joyment of the fruits new ones more re- vices burden all consumers but affect prices, and boost opportuni- of their own labor,’” flective of the work the poor the most. Costly hurdles to Nties for low-income families by replac- Sanders said. “That needs.” gaining a license keep some would-be ing most of the state’s occupational li- reform is voluntary “Their market practitioners out, especially the poor- censing with voluntary certification. A certification.” survival depends est.” new John Locke Foundation Spotlight Voluntary cer- upon getting the Licensing also blocks many low- report explains why. tification addresses standards right,” income people from becoming self-em- “North Carolina’s aggressive oc- three distinct prob- Sanders added. ployed entrepreneurs, Sanders added. cupational licensing faces considerable lems, Sanders said. “They are not gov- “Research spanning decades has concerns about its fairness, efficiency, “Certification pro- ernment outfits that shown that entrepreneurial activity scope, and more,” said report author motes safety and can be removed in low-income areas causes a ‘double Jon Sanders, JLF director of regulatory quality by letting only with a vote of studies. “A ready answer to these con- customers choose state lawmakers.” dividend’ of local job growth and eco- cerns would be to transition most jobs according to their More than nomic growth in areas that need it the currently under state regulation away needs and budgets,” 1,100 professions most,” he said. “By discouraging that from licensure and into private certifi- he said. “Second, cer- face state licensing entrepreneurial activity, occupational cation.” tification promotes across the 50 states, licensing deals a double blow to low- Sanders released his report as the economic growth, es- according to the re- income communities.” state’s occupational licensing system pecially in poor com- port. “But only a lit- Transitioning from government- faces questions on multiple fronts. An munities, by not pre-emptively pricing tle over 5 percent of those professions run occupational licensing to volun- occupational license represents gov- poor individuals out of entrepreneur- are licensed in every state,” Sanders tary private certification makes sense ernment’s official permission for an ship but letting them compete. Third, said. “That means states are in signifi- for North Carolina, Sanders said. “This individual to work in a regulated area certification leads to more affordable cant disagreement over which services move would inject a great amount of of business. (Read the report at http:// services, with prices being kept lower actually need regulation for safety and freedom and choice into the market for bit.ly/1DtdrbG.) as more businesses are able to compete quality.” service professionals and into the labor The governor’s efficiency pro- for customers.” Benefits from government-run market as well,” he said. “It would pay gram, the General Assembly’s pro- There is nothing new about pri- occupational licensing are dubious, dividends in terms of job creation as gram evaluation team, and the state vate certification, Sanders said. “Mar- Sanders said. “State licensure is usual- well as help lift low-income individu- auditor have recommended changes ket opportunities exist when consum- ly justified as ensuring safety and qual- als and neighborhoods.” to the existing system. Those changes ers want to know which members of ity of service work, but research find- “It would be another strong sig- range from improved oversight to con- a service profession are trustworthy ings cast much doubt on licensure’s nal that North Carolina welcomes solidation and elimination of existing — and when the professionals wish to actual effectiveness regarding safety business and supports her entrepre- licensing requirements. alert potential customers that they can and quality.” neurial risk-takers, big or small,” Sand- In February, the U.S. Supreme be trusted.” One finding is clear from aca- ers added. CJ Visit our Triangle regional page http://triangle.johnlocke.org

The John Locke Foundation has five regional Web sites span- ning the state from the mountains to the sea.

The Triangle regional page in- cludes news, policy reports and research of interest to people in the Research Triangle area.

It also features the blog Right Angles, featuring commentary on issues confronting Triangle residents.

The John Locke Foundation | 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 PAGE 10 MAY 2015 | CAROLINA JOURNAL Education

COMMENTARY Bill Increasing Scholarships Beware the Teacher Resignation Spin For Special Needs Advances By Barry Smith disabled, said she thought the bill was he end of the school year is porting limitations make it impos- Associate Editor a step in the right direction. in sight, which means that sible to determine which aspects of RALEIGH “We think that it’s wonderful that North Carolinians will be the teaching profession prompted House education committee it’s being raised to $4,000 per semester Tsubjected to a slew of “take this job teachers to change careers. in late March gave its OK to and that that funding will go directly and shove it” missives from the According to the annual House Bill 133, a measure in- to private schools,” Adams said. “We state’s public school teachers. As teacher turnover report, the overall Acreasing the scholarship amount avail- really believe that that will help with usual, the attention given to them statewide turnover rate was 14.12 able to special-needs students who at- access to the scholarship program.” will be overblown. percent during the 2013-14 school tend private schools from $3,000 per Adams also praised the provision In April, for example, USA year, a slight decrease from the pre- semester to $4,000. It also approved allowing families to receive scholar- Today published a letter by former vious year. Much of what the state a change allowing families receiving ship money in advance. “I think that’s North Carolina teacher Deanna classifies as turnover were teachers those scholarships to collect the money very positive,” Adams said. “For a lot Lyles. She resigned in the middle who resigned to teach in another in advance rather than waiting for re- of people who are struggling in our of the current school year to begin North Carolina public school imbursement. state financially right now … it’s been work as a traveling librarian. In her system, retired with full benefits, or The latter provision was intend- very difficult to be able to put up the widely circulated op-ed, resigned because of fam- ed to help low-income families who full tuition for private schools so that Lyles objected to ac- ily relocation. Just under may not have their students countability, bureaucracy, half of the nearly 13,560 enough money to with disabilities and poor working condi- teachers who left the pay tuition in ad- could obtain an tions but not her salary classroom last year cited and benefits. In fact, she one of these three reasons vance, said Rep. education. This admitted to taking a pay for their departure. Jonathan Jordan, will really help cut to work at the library. In fact, teachers con- R-Ashe. those families.” Gripes about tinue to find new oppor- C u r re n t l y, Not all accountability, bureau- tunities in North Carolina parents receiving members of the cracy, and poor work- TERRY schools. Over 4,000 teach- the scholarships committee were ing conditions in North STOOPS ers left the classroom must show that happy with the Carolina public schools last year but remained in a disabled child change, or the are nothing new. In 2012, education in some capac- was enrolled in or disability scholar- Kris Nielsen underscored ity. Most resigned to teach received services ships program. all three in a lengthy resignation in another public school in North at a private school “We’re send- letter to the Union County Public Carolina or accepted a nonteaching for 75 days. They ing public funds, Schools. The letter gained national position in education. must wait until public dollars to attention after it appeared on a Nearly 2,500 teachers retired the end of a se- private schools,” Washington Post blog, and Nielsen with full or partial benefits and mester for reimbursement. said Rep. Paul Luebke, D-Durham. now bills himself as a “dedicated around the same number left the Rep. Graig Meyer, D-Orange, “It’s just wrong to send public funds to activist against corporate education profession to address personal expressed concerns about students private schools. But it’s also wrong to reform.” matters, such as family relocation, who might receive the scholarship, send money where there’s not a special A year later, a school media health, and child care, or to con- enroll in a private school, and then education program at that school.” specialist created ResignNC.org to tinue their education. withdraw. He proposed an amend- Luebke consistently has opposed document the stories of departing So, why does the media and unsatisfied North Carolina spend so much time focusing on ment that would maintain the current both the Opportunity Scholarship Pro- teachers. Similarly, an instructor for a relatively small segment of the reimbursement-waiting period. How- gram open to all low-income students the Center for Documentary Stud- turnover population? ever, Rep. Paul “Skip” Stam, R-Wake, and the scholarships for students with ies at Duke University began her I do not believe that it is a said Meyer’s amendment was unnec- special needs. own tracking effort on Facebook coincidence that the publication essary because the State Education As- The General Assembly in 2011 in 2014. Neither was able to collect of teacher resignation letters, op- sistance Authority, which administers created a tax credit for families who more than a handful of stories. eds, and features has appeared the scholarships, would write rules had children with disabilities. The tax In fact, the accounts pub- to increase since voters elected a governing distribution of the funding. credit was available to offset the costs lished and collected above are Republican legislative majority Stam noted that in the rules the of education expenses, including tu- notable only because relatively few in 2010. The mainstream media, SEAA had written for the Opportunity ition to private schools or expenses re- teachers leave the profession due liberal think tanks, and public Scholarship Program — which pro- lated to homeschooling disabled chil- to dissatisfaction with teaching or school advocacy groups believe vides vouchers for children from low- dren. It was capped at $6,000 a year. because they want to enter a new that the key to undermining, and er-income families to attend private Because many low-income fami- profession. eventually unseating, the majority schools — are provisions allowing the lies did not owe enough in taxes to Teachers who resign for these is to depict Republicans as enemies state to recover money when a child take advantage of the nonrefundable reasons get the most attention, of the traditional public school receiving an opportunity scholarship tax credit, the 2013 session of the Gen- despite the fact that they accounted system. withdraws from school. eral Assembly converted the tax credit for only around 2 percent of the What better way to do so than Committee members hammered into a scholarship or grant of $3,000 96,000 teachers employed during to encourage disgruntled teachers out a compromise amendment stipu- per semester. The scholarship program the 2013-14 school year. Approxi- to air their grievances in a newspa- lating that the SEAA’s rules would re- garnered bipartisan support in both mately 1,000 teachers resigned per article, television story, website, because they were dissatisfied with or public forum? CJ quire a proportional return of funds if chambers, passing the House by a vote teaching. Another 734 teachers left a student withdrew from school before of 90-21 and the Senate by a 36-6 mar- North Carolina to teach in another Dr. Terry Stoops is director of the end of a semester. gin. state. There was a year-to-year research and education studies at the Julia Adams of The Arc of North The bill is in the House Appro- increase in both categories, but re- John Locke Foundation. Carolina, a nonprofit organization that priations Committee, where it was provides services and lobbies for the awaiting review at press time. CJ MAY 2015 | CAROLINA JOURNAL PAGE 11 Education Task Force on Testing Has Tough Task in Convincing Manning

By Dan Way cy task force comprising 25 volunteer Carolina has had a broken testing pro- test. Associate Editor community and education members, gram for some time,” Stoops said. “One of the most effective ways RALEIGH during the hearing before Manning in “But I do not think that its short- of professional development is finding State Board of Education task Wake County Superior Court. comings have much to do with when a teacher early, and finding a teacher’s force is investigating scrapping “The difficulty we have with end- and how we test. Rather, it is a matter deficiencies early, and putting them longstanding end-of-grade tests of-grade testing as presently computed of who manages the testing program in a professional learning community Afor a system of interim assessments, is that the information’s received … af- and what they test,” Stoops said. situation to improve that instruction,” but one judge with a years-long inter- ter the school year is over with, with The prospective timeline calls Collins said. est in education is not convinced it’s a very little feedback,” Collins said. for making a recommendation to the Interim assessments would show good idea. That prevents teachers from be- Joint Legislative Education Oversight whether a teacher appropriately ad- At a hearing on April 8, Wake ing able to know “exactly what they Committee in June. Changes to end-of- dressed the learning needs of a child, County Superior Court Judge Howard missed or they did not teach well on grade testing likely would need legis- and provide data comparing a teach- Manning spent more than 30 minutes the test,” Collins lative approval. er’s effectiveness to that of colleagues. in a scathing commentary, noting that said. That, in turn, If a program “That tells the principal that they 44 schools identified in 2006 as failing “has a significant is devised “that need to address this concern and rec- to meet state goals still do not meet it, limitation with Any changes could be executed tify that, and therefore taking a teach- despite spending $1.7 billion on inter- respect to what faithfully,” it could er who otherwise might continue to vention programs since 2009. teachers need on urged by the be launched as a make mistakes in a classroom and put Manning was concerned that the informing instruc- task force likely pilot project next them on a trajectory to improve,” Col- task force might propose measures tion, and with year, as 23 school lins said. that would run afoul of the mandates what principals would need districts have ex- Additionally, the data might in the Leandro case. need to evaluate pressed interest, show that a principal is evaluating In Leandro, the state Supreme their teachers.” legislative approval Collins said. teachers incorrectly and may not un- Court ruled that every student in E q u i p p i n g Any plan derstand the data available. North Carolina has a constitutional teachers with a would have to Stoops said costs and time in- right to the opportunity to obtain a more useful as- comply with the volvement “would be a major concern” sound, basic education. sessment tool to help them improve state constitution (including Leandro with any task force recommendation. At the opening of the hearing, “exponentially increases the likelihood mandates), state law, the federal El- “But even more daunting would “That remains an ongoing problem,” of the child being successful,” Collins ementary and Secondary Education be the task of persuading legislators Manning said. “If you were GE, or said. Act, and Individuals with Disabilities and families that the reconfiguration of Google, or Microsoft, you wouldn’t be Manning had asked for an update Act. A waiver agreement with the U.S. the testing program will boost student supporting any of them. You would about the task force’s work. Collins Department of Education to No Child achievement without subjecting chil- have closed the plant down or either said the task force has made no specific Left Behind standards would have to dren to excessive testing,” Stoops said. fired everybody in the school and got recommendations to the board, but it be amended before any changes can be He said the state Department of somebody to get the job done.” may do so within the next few weeks. made, he said. Public Instruction’s management of The task force says its proposals John Locke Foundation direc- The end-of-grade test “drives all the testing program “has been frustrat- are designed to provide more reliable tor of research and education studies other tests in the school,” Collins said. ing at best and disgraceful at worst.” and immediate data to identify stu- Terry Stoops said he “found it curious” As a result, local school districts For years, the John Locke Foun- dents who need help in core subject that Manning called a hearing partly have created a number of tests during dation has called for the end of state- areas. to discuss a draft proposal, especially the school year to prepare their stu- developed tests and adoption of an “Essentially the current testing because there is no guarantee that the dents for the end-of-grade tests, but independent, credible national test of model is a very effective system for General Assembly and State Board they are not aligned with the actual student performance, he said. Man- data collection, but it’s not a very effec- of Education would concur with the test, he said. ning’s support for the requirement tive system of informing instruction,” working group’s recommendations. Still, the task force saw value in that all high school students take the said the state board’s vice chairman, Al “Although it is not clear that interim testing and is seeking a test- ACT “suggests that he would welcome “Buddy” Collins, who heads an agen- Judge Manning recognizes it, North ing design that would fit with the ACT the change.” CJ Subscribe to JLF’s Research Department Newsletters Go to http://www.johnlocke.org/key_account/ to sign up

Vice President for Re- Director of Research and Director of Regulatory Director of Fiscal Policy Health Policy Analyst Legal Policy Analyst Jon search and Resident Education Studies Terry Studies Jon Sanders’ Studies Sarah Curry’s Katherine Restrepo’s Guze’s weekly newsletter, Scholar Roy Cordato’s Stoops’ weekly newslet- weekly newsletter, Rights weekly newsletter, Fiscal weekly newsletter, Health Legal Update, focuses weekly newsletter, Eco- ter, Education Update, & Regulation Update, Update, discusses issues Care Update, focuses on on legal, constitutional, nomics & Environment focuses on the latest local, discusses current issues concerning North Carolina state and national issues and public safety policy Update, focuses on state, national, and inter- concerning regulations, government’s revenues, concerning health and hu- issues affecting North environmental issues, national trends in pre-K-12 rights, and freedom in budgets, taxes, and fiscal man services, health care Carolinians. and highlights relevant education politics, policy, North Carolina. projections. policy, and reform toward analysis done by the John and practice. a consumer-driven health Locke Foundation and care market. other think tanks, as well as items in the news. PAGE 12 MAY 2015 | CAROLINA JOURNAL Local Government COMMENTARY Finding Funds for Fayetteville Why the 440th Theater Could Prove Challenge Is the Odd Unit Out By Michael Lowrey Airbnb, a room-sharing service that Associate Editor allows people to rent rooms and even t’s a decision that on its face share them with regular Air Force RALEIGH houses to travelers. People offering seems very strange: The Air units while others operate drones. o the surprise of local officials, rooms on Airbnb, called “hosts,” typi- Force wants to stop basing trans- And the Pentagon lacks authority Cumberland County’s Crown cally charge less than traditional bed- Iport planes at Pope Field, which outside of BRAC to eliminate guard Theatre needs to undergo exten- and-breakfasts, in part because many is located next door to Fort Bragg, and reserve units that aren’t located Tsive repairs or to be replaced. Finding do not meet the same health and safety home of the Army’s famed 82nd on active-duty bases. the money will prove a challenge, re- standards as registered bed-and-break- Airborne Division. Nowhere is the issue of the ports the Fayetteville Observer. fasts. The unit in question is the role of the reserve and guard more The Civic Center Commission “We’ve got a lot of competition, 440th Airlift Wing, an Air Force Re- important than with the C-130 fleet. and Global Spectrum, which manage but they don’t have to play by the same serve unit that flies C-130H tactical The Air Force currently has 318 the Crown complex, recently hired an rules,” said Doris Jurkiewicz. transport planes. Absent congres- aircraft, only a third of them serving architect to assess the condition of the The News & Observer located nine sional action, the unit soon will be with the regular Air Force. The Air 47-year-old theater, which seats about people renting rooms near the Oak- inactivated. National Guard and Air Force Re- 2,400. The report by Eric Lindstrom wood Inn. Airbnb typically has about As Sen. Thom Tillis, R-N.C., serve operate the other two-thirds. of sfl+a Architects identified 16 defi- 150 room offerings throughout Ra- put it to the McClatchy Washington By 2019, the Air Force would like to ciencies at the facility, and estimated leigh. Bureau, “Why on Earth reduce its C-130 transport that it would cost between $35 million City staff members acknowledge we would jeopardize the fleet to 300 planes, with and $39 million to that Airbnb training and readiness in guard and reserve units bring the facility hosts are subject that context — the only retiring older C-130H to the standard of to the same reg- place on the planet where aircraft. the Durham Per- Cherokee ulations as the we do that? It just doesn’t So why is the 440th forming Arts Cen- Oakwood Inn. make sense to me.” Airlift Wing the odd unit ter. The cost of a So far, however, There is a certain out? A recent Air Force new theater was to the city has cited perverse logic behind the report on C-130 basing estimated at be- only one Airbnb Pentagon’s actions — and states that “the additional tween $58 million host. Future en- it highlights the need for $116 million in savings and $65 million. Currituck forcement is un- another round of Base MICHAEL generated by closing the “We all likely as the city Closure and Realignment LOWREY stand-alone wing along knew the theater is considering was in need of some repair, but I think legalizing the service and regulating it. Commission actions and with the wing’s C-130s the extent to which the architect found a serious rethinking of the made closing the 440 AW Charlotte budget the most cost-effective that it needed repair was eye-open- role of the Air National ing,” said Jim Grafstrom, manager of Guard and Air Force Reserve going way to eliminate eight excess C- The city of Charlotte is scram- 130s.” The report also says that the the Crown complex, of the report. bling to close a projected $21.7 million forward. Among the issues the report Every generation of military Air Force can meet training needs at budget gap for the fiscal year that be- Fort Bragg without a C-130 unit. identified were that the stage, lobby, gins July 1. One option under discus- aircraft is both more advanced and and dressing rooms were too small and more expensive than its predeces- The report ignores the big pic- sion would be to raise property taxes ture, what in BRAC is called “mili- there were too few concession stands sor. The result is that we don’t while eliminating a fee for garbage col- tary value,” a numeric calculation of and toilets. There are also a number of replace planes lection, leaving most homeowners bet- how well a base safety concerns with the theater’s 900- ter off, says The Charlotte Observer. on a one-for- performs a par- seat balcony section. The Queen City’s economy con- one basis, and ticular task. In The Cumberland County Com- tinues to recover from the Great Reces- haven’t for We need another the last (2005) mission, which has appointed a com- sion, and the city is gaining popula- decades. While BRAC round, mittee to examine the issue, is waiting tion, but two factors have reduced its this is especially BRAC round Pope Field for a recommendation from the Civic revenues. The state eliminated a fran- true for fighter received the Center Commission before deciding chise tax, and many commercial prop- jets, it also ap- to ensure that highest military how to proceed. erties in Charlotte have received much plies to military planes are based value rating in “However, the overriding ques- lower assessments after a redo of the cargo aircraft. the transport tion is, ‘Where’s the money coming botched 2011 Mecklenburg County And if you have where needed aircraft cat- from?’” noted County Commissioner property tax revaluation. fewer planes, egory of any Larry Lawrence. City Manager Ron Carlee has eventually you base, active or Last Raleigh B&B to close proposed eliminating a $47-per-house need fewer air- reserve, that fee the city charges for garbage collec- fields to base them. then housed C-130s. Raleigh’s last registered bed-and- tion. To make up the revenue, the city Which speaks to the role of the So even though a C-130 unit breakfast will close in June. The owners would raise its property tax rate by Air Force Reserve and Air National should be based in Fayetteville to blame the city’s unwillingness to crack 1.5 cents per $100 valuation. For hom- Guard in 2015. The original idea serve Fort Bragg, under existing down on residents who list room rent- eowners with houses worth less than behind the guard and reserve was rules the Air Force must eliminate als over the Internet and do not abide $313,000, the move would reduce the sound enough. When established units at active duty bases first. by all local housing standards, reports total amount they pay in taxes and fees after World War II, there were We need another BRAC round the Raleigh News & Observer. each year to the city. Those with houses plenty of experienced military pilots to ensure that military aircraft are The Oakwood Inn, in the historic valued at more than $313,000 would who wanted to continue serving based properly. At the same time, Oakwood neighborhood, has operated see a net tax increase. Commercial their country and plenty of rea- the roles of the Air Force Reserve as a bed-and-breakfast since 1984. Gary properties don’t pay the garbage fee sonably modern military aircraft and Air National Guard need to be and Doris Jurkiewicz have owned it and would owe more in property tax- available. reconsidered in an era when we just since 2001. es. On net, Carlee’s plan would bring Nearly 70 years later, the Air don’t have enough planes for them Business is off sharply over the in an additional $4.5 million. Force is struggling to keep all of its to fly. CJ last two years. Traditionally in Janu- “How can we deal with that di- ary, the inn rents about half its rooms. lemma when we can’t do different tax existing reserve and National Guard This past January, occupancy was only rates?” said Carlee. units active. Not all units have Michael Lowrey is an associate 22 percent. The couple blames the Reaction from city council to Car- their own manned planes — some editor of Carolina Journal. falling occupancy rates on the rise of lee’s proposal was mixed. CJ MAY 2015 | CAROLINA JOURNAL PAGE 13 Local Government Appeals Court Limits Jury’s Ability to Set School Funding By Michael Lowrey affirmed in the 1997 ruling by the state school board can claim are unmet dur- ficient funding presumes that plaintiff Associate Editor Supreme Court in Leandro v. N.C. ing trial, and that the amount of fund- requested an amount of funds below RALEIGH At trial, the school board hit the ing the school board actually asked the amount legally necessary to main- n an April decision, the N.C. Court jackpot, with for that year tain a system of free public schools. We of Appeals overturned a jury ruling a jury deter- serves as a do not accept this presumption. While that Union County public schools mining that cap. plaintiff’s proposed budget may be an hadI not been provided enough money the county “ N . C . estimate, it is not a blind guess,and we by the county commission, saying that commission Gen. Stat. § do not accept plaintiff’s suggestion the judge had offered jurors an incor- should have 115C-521(b) that it underestimated the capital out- rect interpretation of the landmark Le- provided an makes clear lay needs of the school system by over $80 million,” he added. andro decision that governs state and a d d i t i o n a l that plaintiff The appeals court also found that local school funding policies. $4,973,134 in must assess the jury had received incorrect instruc- School funding can be a divisive current ex- the capital tions from the bench on the meaning issue, as local school boards often ask pense funding needs of the of a “sound basic education” that the for more money than county com- for the 2014- school system state constitution says every child is missioners ultimately approve. The 15 year be- and present entitled to receive. outlays for Union County Schools in yond what it those needs Superior Court Judge Erwin fiscal year 2013-14 wound up in Supe- had approved to defendant Spainhour had told the jury that, “A rior Court, where a jury awarded the — plus an additional $86,184,005 for ‘each year.’ Each year is then treated student who is performing below school system over $90 million more capital expenditures. individually in the budget process. By grade level … is not obtaining a sound than it originally had requested from The county commission appealed implication, if plaintiff does not initi- basic education in the subject matter the county. the jury verdict. ate the dispute resolution process in being tested.” From this, jurors could In an April decision, the second- Before the N.C. Court of Appeals, N.C. Gen. Stat. § 115C-431, it has ac- have inferred that the Union County highest court overturned the jury de- the county claimed that the school cepted that the appropriations by de- schools were underfunded if any stu- termination, holding that state law board simply asked the jury to award fendant were sufficient for that year. dents were performing below grade limits the amount school systems can it too much money. The appeals court Unfunded requests from prior years’ level. request at trial. agreed. proposed budgets are not automatical- McCullough stated this was an On April 15, 2013, the Union “[We] hold ly carried forward incorrect conclusion of the holding in County Board of Education asked the trial court and considered in Leandro. the Board of Commissioners for erred in allowing subsequent years. “School funding cannot guaran- $86,180,152 in operating funds plus evidence outside The Appeals Court If plaintiff wants tee student performance; but only the $8,357,859 for capital expenses for the the scope of the those previously opportunity for students to receive a sound basic education,” McCullough fiscal year that was to begin on July 1. proposed bud- ruled that the unfunded amounts noted. The county commission ultimately ap- get for the 2013- considered, it must Superior Court N.C. Court of Appeals opinions proved $82,260,408 for current expens- 2014 fiscal year include them in the are binding interpretations of state law es and $3,000,000 for capital outlays into evidence misinterpreted proposed budget unless overruled by the N.C. Supreme — $3,919,744 in operating funds and and remand for a for the 2013-2014 Court. Because the decision by the $5,357,859 for capital outlays less than new trial,” wrote Leandro decision fiscal year,” Mc- three-judge panel of the Appeals Court the school board had requested. Judge Douglas Cullough wrote. was unanimous, the high court is not After attempts at mediation McCullough for “ M o re o v e r, required to hear the case should the failed, the school board sued the coun- the Court of Ap- plaintiff’s argu- school board further appeal. ty, contending it was underfunding the peals. ment that limiting the evidence to those The case is Union County Board schools, thus depriving children in the McCullough explained that state amounts requested in its proposed Of Education v. Union County Board of district of a “sound basic education” law limits the sorts of needs that a budget would authorize legally insuf- Commissioners (14-633). CJ Help us keep our presses rolling Keep Up With Publishing a newspaper is an ex- pensive proposition. Just ask the many daily newspapers that are having trouble making ends meet these days. State Government It takes a large team of editors, re- porters, photographers and copy editors Be sure to visit to bring you the aggressive investigative CarolinaJournal. reporting you have become accustomed com often for the latest on what’s go- to seeing in Carolina Journal each month. ing on in state government. CJ writ- Putting their work on newsprint and then delivering it to more than 100,000 ers are posting several news stories readers each month puts a sizeable dent in the John Locke Foundation’s budget. daily. And for real-time coverage of That’s why we’re asking you to help defray those costs with a donation. Just breaking events, be sure to follow us send a check to: Carolina Journal Fund, John Locke Foundation, 200 W. Morgan on Twitter (addresses below). St., Suite 200, Raleigh, NC 27601. We thank you for your support. CAROLINA JOURNAL: http://www.twitter.com/CarolinaJournal JOHN LOCKE FOUNDATION: http://www.twitter.com/JohnLockeNC John Locke Foundation | 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 PAGE 14 MAY 2015 | CAROLINA JOURNAL From Page 1 Island in Pamlico Sound Awash in Title Questions, Irregularities

Continued from Page 1 to get a resolution. Island L is approximately two miles west of the Bonner Bridge and five miles southeast of Wanchese in Boundary Line Johnson house the Pamlico Sound. The state of North Owens house Carolina sold Island L in 1958 to James Henson for $201, when it was de- scribed in records as a sand island of 4.3 acres. In 1959, Henson and his wife Land claimed by granted a deed to Baxter Caldwell and state of North Carolina his wife, bringing them in as co-own- ers of the island. Boykin completed his purchase from the Henson and Caldwell families in January 1997. The original descrip- tion of a 4.3-acre sand island still was being used, but the island had grown to 60 acres, resulting from a combi- nation of natural sand accretion and dredged sand deposited by the U.S. Island L, shown in a view looking west, is located southeast of Wanchese and west of the Bonner Bridge in Pamlico Sound. Army Corps of Engineers. The state State-claimed land is to the left of the dashed line. Houses built by former Dare County Commissioner Michael Johnson and claims some of the growth was due to Manteo businessman R.V. Owens III are indicated. (CJ photo by Don Carrington) Island L merging with a separate small, Two-island theory State law says new islands creat- from his first marriage. Boykin told CJ unclaimed island to its south. ed as a result of natural or man-made that he and his five sons made frequent Dare County property tax records While it is unclear how State activities, including dredging, belong visits to the island and the small cabin list the state as owning approximately Property Office officials learned of the to the state. However, natural or man- he built there. 25 acres on the south side of the island. pending sale to Boykin, when they made additions to islands owned pri- In February 2006, District Court did, they claimed the entire island be- The records say Owens owns approxi- vately become the property of the pri- Judge Amber Davis ordered an interim longed to the state. State officials even- mately five acres on the east side and vate owners. distribution of property, giving Lang- tually conceded that Caldwell and Johnson owns the remaining 30 acres. Casting further doubt on the two- don Boykin a 4.3-acre parcel known Henson owned Island L, but they said as Island L. The judge set the value of Owens and Johnson completed con- island theory is a 1995 Army Corps of it had merged with a nearby small is- the property as $75,240. Boykin said he struction on identical 1,600-square- Engineers dredging plan listing Island land that was state property. The state L as 19.9 acres in 1977 and 57.4 acres in did everything possible to retain the foot houses on the island last year. maintained that the island should be 1990. There was no mention of it join- island, but the judge ruled otherwise. They also have installed wells, septic divided and a property line established ing a smaller island. The final distribution order was issued tanks, docks, and generator systems to where the two islands had merged. In addition, a separate analysis in September 2007. produce electricity. A fire that occurred Boykin offered to buy the portion of aerial photographs by state officials As ordered, Bill Boykin signed during the time Boykin’s former wife claimed by the state. State officials re- stated that in 1956 Island L did not ex- a deed to Langdon Boykin for a 4.3- owned the island destroyed the cabin fused to sell it, claiming state owner- ist. In 1962 it was a new spoil island, acre tract known as Island L. Langdon Boykin’s attorney, Steven Michael, that Boykin had built. ship was needed to protect a species and in 1964 it still existed as one island. prepared the deed, using the same of bird that nested on the property. In 1975 it was listed as two islands. This description that was recorded on the The state’s cloud Officials then established a boundary analysis suggests that the island then state’s deed to Henson, and the deeds line splitting the island into a 35-acre owned by Henson and Caldwell may While the state claims to own 25 Henson and Caldwell recorded in the northern section belonging to Boykin have split in two and later rejoined. acres, it has not filed a deed or other le- transaction with Bill Boykin. There and a 25-acre southern section belong- Also, a 2008 note in the property gal document establishing ownership. was no notation that the island had be- ing to the state. office file stated, “in 2003 the entire is- come larger than that. The Dare County Tax Office’s deed ref- Boykin did not agree, but rather land (not the 30 acres) was put in pri- erence on the parcel is to a 2011 bound- than undertaking a lengthy and costly vate owner’s tax account.” The state- Felon acquires island ary line agreement signed by then-Gov. legal battle, Boykin and his attorney ment was attributed to Dare County’s Beverly Perdue and Attorney General accepted the boundary line established Francis. In April 2008, Langdon Boykin transferred the 4.3 acres to Jeffrey Sam- Roy Cooper for the state, and by Jeffrey by the state. Even so, the state never “In 1996, state officials insisted uel Rose, operating as Island L LLC, as Samuel Rose on behalf of his company, has filed a legal agreement with the that the state owned part of my is- a deed of gift. There is no public record Dare County Register of Deeds. land, but they didn’t file anything until Carolina Key East Green Energy Cor- of Rose paying any funds to Langdon 2011, and that was just a boundary line poration Inc. Rose acquired property A year after Boykin’s attorney Boykin. She died in 2013. The deed agreement,” Boykin told CJ. on the island from Boykin’s wife in first contacted the State Property Of- was prepared by Rose, who added the Chris Mears, a spokesman for 2008. fice, a state official expressed some following language to the description: Correspondence shows that the doubt about the state’s claim to Island the State Property Office, said the of- including “all lands that have since fice “contends it has a clear title to the Caldwell and Henson families thought L. An Aug. 19, 1997, memo from State been added to the property by either south portion of Island L.” He could they owned the whole island in 1996, Property Office deputy director June dredged spoils or accretion including Michaux to Dare County land records not explain why the state waited 14 when they began discussing a sale with any portion of land that may have pre- manager Eddie Francis noted that “the years to formally sign a boundary line Boykin. Caldwell said that for years he viously been part of another island and state does not have deeds on record agreement. subsequently merged with the prop- had calls from a government official making the public aware of its own- Boykin property settlement erty.” seeking permission to deposit dredge ership of [several nearby] islands. … Rose is not an attorney. He has a spoils on his land. Caldwell said he The islands under state ownership are Boykin and his wife Langdon lengthy criminal record, including con- gave permission each year and wel- labeled A, H, I, J, K, and MN. As indi- separated in 2000 and began a lengthy victions for contributing to the delin- comed the growth of his small island. cated in yellow on the enclosed spoil divorce proceeding and property quency of a minor, larceny, simple as- After years of paying property taxes on island sheet. Island B, C, D, G, and L, settlement. The court awarded Bill sault, driving while impaired, reckless the entire island, Caldwell was upset which are listed as privately owned, Boykin permanent sole custody of driving, and taking indecent liberties when he learned of the state’s claim. are being investigated for valid titles.” their three boys. He also had two sons Continued as “Island” on Page 15 MAY 2015 | CAROLINA JOURNAL PAGE 15 From Page 1 Island in Pamlico Sound Awash in Title Questions, Irregularities

Continued from Page 14 and Trust Company and Carolina Key East Green Energy Corporation Inc. with a child. Rose did not respond to specifying that the land claimed by the messages from CJ seeking an interview state of North Carolina was being re- regarding Island L. leased from a deed of trust that Rose Days after he acquired the prop- had signed with the bank when he bor- erty, Rose transferred it to another rowed $90,000. company he controlled, Carolina Key • At 3:48 p.m., he recorded the East Green Energy Corporation Inc. boundary line agreement signed by Records show that in September Perdue and Cooper on behalf of the 2008, attorney Daniel Khoury, rep- state of North Carolina and Jeffrey resenting Rose, contacted the State Rose for Carolina Key East Green En- Property Office about purchasing the ergy Corporation Inc. state’s portion of the island or signing • At 3:49 p.m., he recorded a deed a boundary line agreement, but the from Carolina Key East Green Energy state took no further action. Corporation Inc. (Jeffrey Rose) to Go- In October 2009, Rose listed the ing Up Elevators Inc. (R.V. Owens III) entire island for sale, asking $1.8 mil- for 12.66 acres. The description refer- lion. “Own your own private island, ences a map prepared March 27, 2011. and be one of the select few!” stated the Island L is located west of the Bonner Bridge and southeast of Wanchese in the Khoury died in September 2011. Multiple Listing Service description. Pamlico Sound. (CJ graphic) In December 2011, Rose sold his “This is a beautiful growing island in bird nesting sites.” The actual manage- ters, including buying or selling state remaining share in the island, about 25 Oregon Inlet off of Nags Head. Enjoy ment went to the agency’s Wildlife Re- land, leases, and agreements over acres, to Michael Johnson. In December your own white sand pristine beach, sources Commission. boundaries. The council approved the 2012, Owens and Johnson established or cast your lines in some of the best On Jan. 15, 2011, Wildlife Re- agreement at its March 8, 2011, meet- new boundary lines to reflect those in fishing waters in the world. Build your sources Commission executive direc- ing. the property tax office. dream home, or build a community.” tor Gordon Meyers asked the State On April 7, 2011, the title cloud Johnson, a Republican, served The clouds merge Property Office to establish a bound- over Rose’s claim to more than 4.3 as a Dare County commissioner from ary line agreement between the state acres and the title cloud over the state’s 2004-12. He is director of Cross Trail In 1992, the state Department of and Rose for Island L. Records indicate claim to 25 acres merged and became Outfitters, a youth ministry organiza- Administration, acting as if the state Khoury initiated this action. a public record when attorney Khoury tion. Johnson told CJ that he was un- owned Island L, assigned manage- The Council of State, comprising recorded three documents at the Dare aware of any title problems involving ment of the land to the Department of the governor and the nine other state- County Register of Deeds Office: the land. Environment, Health, and Natural Re- wide elected state officials, is charged • At 3:47 p.m., Khoury recorded CJ made numerous attempts but sources to maintain as “colonial water with approving all state property mat- a release deed between Southern Bank was unable to reach Owens. CJ Federal Justices Toss North Carolina Election Maps Back to State Continued from Page 1 districts the same as they were in those Thomas went on to criticize the norities. drawn after the 2000 census. ruling. “Worse, the majority’s solu- Rucho also said North Carolina Street Democratic caucus, which seeks Breyer said lawmakers were ask- tion to the appellants’ gerrymander- tried to use guidelines that blended to bring together moderate, business- ing the wrong question. “They asked: ing claims requires states to analyze decisions from both the U.S. Supreme oriented Democrats, urged reform in ‘How can we maintain present minor- race even more exhaustively, not less, Court and the N.C. Supreme Court in the redistricting process and called on ity percentages in majority-minority by accounting for black voter registra- drawing the maps, guidelines not used the N.C. Supreme Court to expedite re- districts?’” Breyer wrote. Instead, he tion and turnout statistics,” he wrote. by Alabama. He said he expects both view of the decision. “The work needs continued, lawmakers should have “The majority’s command to analyze the state and federal high courts to val- to start immediately so the legislature asked: “To what extent must we pre- black voting patterns en route to adopt idate the maps. and the U.S. Supreme Court will have serve existing minority percentages in the ‘correct’ racial quota does noth- “I wouldn’t be surprised if it’s time to review so that voters can par- order to maintain the minority’s pres- ing to ease the conflict between our used as a model for the rest of the ticipate in new district elections for ent ability to elect the candidate of its colorblind Constitution and the ‘con- country when they have to decide Vot- the 2016 election cycle,” said Sen. Joel choice?” sciously segregated districting system’ ing Rights Act districts,” Rucho said. Ford, D-Mecklenburg, vice chairman Justice Clarence Thomas, dissent- the court has required in the name of Bob Phillips, executive director of the caucus. ing in the Alabama ruling, said the cur- equality.” of Common Cause of North Carolina, “The Supreme Court’s decision rent problems resulted from decades Rucho said North Carolina’s Gen- said he isn’t surprised to see the case adds merit to the calls of leaders from of misguided actions by the U.S. Jus- eral Assembly used different standards sent back to the N.C. Supreme Court across the state to form a nonpartisan, tice Department, and even the U.S. Su- than Alabama lawmakers did in estab- for further review. independent redistricting commis- preme Court itself. lishing the state’s majority-minority “It’s another good reason why sion,” said Rep. Ken Goodman, D- “In order to maintain these ‘racial- districts. He said comparing the two is lawmakers should consider reform,” Richmond, chairman of the caucus. ly safe boroughs,’ the states or courts like comparing apples to oranges. Phillips said. “Here we are in the mid- Much of the case centers on must perpetually ‘divide the country Rucho said lawmakers conduct- dle of a decade again and still consid- whether majority-minority districts into electoral districts along racial lines ed a racial polarization study to gauge ering litigation.” — political districts drawn so that a — an enterprise of segregating the rac- voter sensitivity to race. “In the areas Phillips’ group and other orga- majority of the voters are nonwhite — es into political homelands,’” Thomas that we were required to put in major- nizations, including the John Locke were packed with too many members wrote. “The assumptions underlying ity-minority districts, there was racial Foundation, have supported a pro- of a minority race. this practice of creating and maintain- polarization going on,” Rucho said. “If posal that would place redrawing con- In the U.S. Supreme Court’s Ala- ing safe minority districts — that mem- racial polarizations are a problem, you gressional and legislative district maps bama Legislative Black Caucus v. Alabama bers of a racial group must think alike need to remedy that problem.” He said into the hands of either a nonpartisan decision earlier this year, Justice Ste- and that their interests are so distinct North Carolina’s solution was to adopt commission or the General Assembly’s phen Breyer said lawmakers draw- that they must be provided a separate a standard designating as majority- nonpartisan staff. ing legislative districts after the 2010 body of representatives — remain re- minority districts any district in which “Reform ensures that you will census tried to keep the percentage of pugnant to any nation that strives for more than half the voters (“50 percent have a voice that is not gerrymandered minority voters in majority-minority the ideal of a colorblind Constitution.” plus one”) were members of racial mi- into irrelevance,” Phillips said. CJ PAGE 16 MAY 2015 | CAROLINA JOURNAL Interview N.C.’s High Income Tax Hurts It in Relation to Neighbor States

By CJ Staff RALEIGH “So governments don’t work very well arkets tend to work better than government in helping because the incentive systems are to solve problems. That’s the not there for people to be productive, Midea economist Richard Vedder pro- moted to a group of North Carolina to serve consumer interest, to meet lawmakers during a recent visit to Ra- leigh. Vedder is a professor at Ohio the needs of people. Quality of prod- University, director of the Center for College Affordability and Productivity, ucts is traditionally very low in the and an adjunct scholar at the American Enterprise Institute. Vedder compared communist countries, or in countries free-market and government policies where government plays a very large during a conversation with Mitch Ko- kai for Carolina Journal Radio. (Head role.” to http://www.carolinajournal.com/ cjradio/ to find a station near you or to Richard Vedder learn about the weekly CJ Radio pod- Ohio University cast.) American Enterprise Institute

Kokai: Markets work better than governments. How do we know this?

Vedder: Well, one way is to look By 1978, when we finally got rid hard and investing hard in Tennessee of them make sense. But there is a ten- at some evidence. Those people in of the Civil Aeronautics Board, there because you get to keep it all. … dency for regulators and taxers to get your audience who are over the age were one or two airlines serving each overly exuberant. You have a Depart- of 40, or so, probably remember East city. They charged very, very high pric- Kokai: Very interesting ex- ment of Insurance in this state that has Berlin versus West Berlin, or East Ger- es. There was limited service. So we ample: North Carolina and Tennes- — I counted them over the weekend — many versus West Germany. One side got rid of this. What happened? Prices see. And North Carolina has also been 257 workers, regulators in the Depart- of Germany, the western part of Ger- fell 40 percent over the next decade. comparing itself to its other neighbors ment of Insurance. What on earth do they do? Why many, was largely governed by mar- Traffic over the next generation tripled. and trying to not only lessen that tax do we need them? Some states, they kets. Decisions were made by markets: More people flew at lower prices, with burden, but also the regulatory over- say, “Gee, insurance is like anything interaction between demand and sup- more choices than before. I could go on reach. If politicians in this state con- else. The markets will determine ply, buyers and sellers reaching mutu- and on. tinue to focus on those ideas, lowering Taxes — let’s pick something that and flattening tax rates, reducing the what’s right. We don’t need a govern- ally agreeable exchanges. ment in here to determine rates.” [In] the other part of Germany, might be of interest to North Carolin- regulatory burden, what sorts of ben- ians. North Carolina has historically efits are we going to see? You have rate determination governments made almost all the de- in this state by insurance regulators, cisions of what to produce, how to had one of the highest income taxes in Vedder: an insurance guru of some sort who, produce it, even for whom to produce the nation, certainly in the South. You You already have a lot of had a top rate, until recently, on your population growth, so that will contin- somehow, knows more than the people things. And they had to build a wall be- of North Carolina. I don’t understand income tax in excess of 7 percent. The ue and, if anything, accelerate a little tween the two parts, and people died that. Many other states don’t have this governor and the legislature saw fit to bit because the state will become more trying to get from East to West. Same at all. Why do you have 257 people? thing [with] North Korea versus South lower that and move to a flat tax with attractive to people living elsewhere a rate below 6 percent. That was a very and to companies living elsewhere or Korea today. Why is Cuba poorer than, Kokai: In just one department? smart, very good move. It will have headquartered elsewhere. You’re go- say, Puerto Rico today? positive effects long term. ing to see greater productivity among So governments don’t work very Vedder: Yeah, instead of an in- But let’s compare your state with your workers. I mean, this is what the well because the incentive systems are visible hand, you have 514 very visible Tennessee next door. In 1990, incomes evidence shows, that people in low- not there for people to be productive, hands. I assume each regulator has two were higher, per capita, per person, income-tax or no-income-tax states to serve consumer interest, to meet the hands. … I think there’s a lot of areas in North Carolina than in Tennessee. tend to have higher rates of economic needs of people. Quality of products is where there’s been overregulation and Today, incomes are higher in Tennes- growth. traditionally very low in the commu- probably overtaxation. see, per capita, than in North Carolina. So 20 years from now the chil- nist countries, or in countries where Why is this? Are the people of Tennes- dren of people living today will be a Kokai: … One of the things government plays a very large role. see smarter and brighter than the peo- little bit better off. A little bit better able [The] same thing applies with North Carolina has focused on over ple of North Carolina? to afford to go to good schools, includ- the last couple of years is having more respect to regulation, another aspect ing good schools like the University of of government. Regulations, in some periodic review of all of these regula- Kokai: They think so. North Carolina, or Duke, or Davidson, tions. Is that a good idea? cases, are good. Markets don’t solve Wake Forest. And so you’re going to all the problems. It is true. A chemical Vedder: They probably think so, have those kinds of things. Vedder: I think it’s a good idea to company could pollute a stream, and but I don’t believe it for a minute. I stop every now and then and say, “Is that could cause damage to others. We think the reason may have something Kokai: Now I think some people it making sense what we are doing?” need some limits on that. to do with the fact [that] Tennessee will hear this and go, “Low taxes sound Some things made sense. The Civil But often these regulations tend has no income tax at all. They have good. Regulatory overreach, we know Aeronautics Board may have made to be too harsh, they tend to not pass the ultimate flat-rate tax: zero. And so, that’s bad. But this particular regula- sense in 1938. I don’t even doubt that. any good cost/benefit test, and they resources, productive resources, peo- tion is really important, and we need It certainly didn’t make sense in 1978. just, simply, go too far. In some cases, ple who are highly productive move to do something about this.” Or, “We And so, every few years, you they last too long. to Tennessee, a little more so than to need enough taxes to make sure that need to stop and say, “Do we need We had regulations on airlines. North Carolina. these government programs can con- this?” And maybe what we should do We put in regulations on airlines in A lot of people move to North tinue.” Do they have a case, or should is just sunset all of these regulations. 1938. The idea was we want to keep Carolina; don’t misunderstand me. they be looking at a different issue? That’s the more efficient way of doing the airlines from these monopolies, But the spirit of enterprise is a little it. Just say, “This regulator is going out from charging people too much. Well, more developed in Tennessee. There is Vedder: Of course, you need to of business unless they can make a case the effect was just the opposite. a little more to be gained from working look regulation by regulation. Some why they need to remain.” CJ MAY 2015 | CAROLINA JOURNAL PAGE 17 Higher Education

Does MFA in Costume Production COMMENTARY At UNC Meet Course Justification? Cheated Details

By Jesse Saffron ulty in Chapel Hill’s MFA program to UNC Academic Scandal Contributor “create high-quality replicas of iconic RALEIGH costumes from classic science fiction f you remember Watergate, Cooperative professors employed he main justification for a state cinema. …” you’ll see how closely that one set of requirements for regular university to have a vocational- For the 2012-13 academic year, debacle resembles the current students and a less-demanding one oriented master’s program is the federal government’s Integrated scandalI at UNC-Chapel Hill. for football and basketball players, toT prepare workers for the state work Postsecondary Education Data System Like Watergate, the UNC who were assured good grades force, but the Master of Fine Arts in shows that UNC-Chapel Hill’s aver- scandal began with a breach of for doing very little. The players’ Costume Production offered at UNC- age per-student state appropriation security — the security surround- assigned “mentors” often helped Chapel Hill doesn’t seem to meet that was $17,633. And that may be a low ing the huge UNC operation to inordinately to satisfy the slight test. estimate for students in the costume recruit top basketball and football demands on them. Housed in the university’s de- production program, as graduate pro- players who weren’t able both of Even going to class became partment of dramatic art, the three- grams tend to be more costly, espe- doing academic work and remain- a burden that the athletic depart- year program is vocational in nature cially at the state’s flagship institution. ing eligible. ment gladly lightened for players. and is designed to So, at a minimum, As the story unfolded, UNC Willingham and Smith observe that “develop the skills the taxpayer sub- officials were desperate to pre- until the mid-1990s, the depart- and attitudes need- sidy for the three- vent the public from finding out ment had “classroom checkers” ed for a professional year program is anything more than the monitor attendance of the tiniest, least-damaging or educational ca- roughly $50,000 for players. “At some point, scraps of information. reer in the costume each graduate. And however, the expecta- A few people arts.” the graduates are tion of attendance went smelled a problem much A p p l i c a n t s encouraged to leave by the wayside, at least deeper than just one in many lecture courses are not required the state to gain em- player’s questionable pa- to submit Gradu- ployment. (in addition to all those per and wouldn’t swal- independent studies in ate Record Exam or Costume de- low the official “nothing other standardized sign programs are which no one had ever to see here” line. Due shown up for anything),” test scores to gain offered at several to their persistence, we admission to the other universities in they write. eventually learned a GEORGE Independent costume production the state (Western great deal that UNC of- LEEF program, as is the Carolina Univer- study courses became ficials wanted to keep se- an essential tool for case with almost all sity, UNC-Asheville, cret about their deceptive other graduate dis- UNC-Wilmington, keeping athlete grade and fraudulent “keep the point averages high enough for ciplines, but rather submit a résumé, UNC-Greensboro, and the UNC School players eligible” scheme. eligibility. One faculty member in a “statement of purpose,” and Power- of the Arts). Of the programs with a Two of them were Mary Will- particular was extremely obliging: Point slides displaying a portfolio of costume emphasis, the School of the ingham, who had for years worked Julius Nyang’oro, chairman of the their previous work. Once admitted, Arts’ undergraduate and graduate cos- in UNC’s Center for Student African and Afro-American Studies students take courses such as “Begin- tume design and technology programs Success and Academic Counsel- Department. A zealous Tar Heel ning Draping” and “Survey of Western may make the most sense, given the ing, trying to help academically fan, Nyang’oro began letting some Costume History.” art school’s mission and, presumably, weak students handle the work, of the athletes who needed easy, While the MFA students are comparative advantage in that field. and professor Jay Smith, who has high-grade credits take “indepen- trained at UNC, it doesn’t look like But even that assumption should be served in UNC’s history depart- dent study” courses with him. many of them choose to do their in- examined. ment since 1990. They have written Enrolling star players and ternships in North Carolina or stay in North Carolina law requires the a book about the whole affair titled keeping them eligible was far more the state upon graduation. UNC system’s Board of Governors to Cheated. important than their educational In fact, a website featuring the review all academic programs every It’s an insider book laced needs. Willingham writes about portfolios of current students shows two years and to “withdraw approval” with indignation about the way the students who told her that they’d that all of them have chosen to spend if a program appears “unproductive, university has dealt with its star players, and also the way it tried never had to write anything before. their summers working at art festivals excessively costly, or unnecessarily Students who could barely read and for theater groups in other states. duplicative.” History shows, however, to silence critics of its eligibility system. “The addiction to athletics, were taken out of a Basic Writ- And a rundown of top alumni indicates that many programs that should be ing class and placed instead into that the majority of them have gone on eliminated are kept in place because and to the revenues and alleged good will that they generate, has a course known to yield easy A to work in California, New York City, university officials are permitted ex- grades. Florida, Las Vegas, and Washington, ceptions. In other words, once a pro- rendered good people mute in the face of abuses they know they Athletes are familiar with the D.C. Only a few graduates mentioned gram is in place, it’s hard to get rid of saying, “No pain, no gain.” That having stayed in North Carolina. it. should not tolerate,” Willingham and Smith write. applies as much to learning as to The university uses such out-of- The front end of this process — Although UNC has tried sports, but UNC’s athletics depart- state job placements as a major selling when the Board of Governors initially to maintain an image of running ment did all it could to keep their point. “Graduates … are employed by approves a new program — is essen- clean sports programs that pro- stars from experiencing any stress such diverse companies as Cirque du tial in the vetting of new degree pro- vide a high-quality education to over coursework. By minimizing Soleil and the Metropolitan Opera. grams. Any university proposing a student-athletes, for decades it has the academic work players had Many work in production shops cre- new degree is supposed to show that recruited players who shouldn’t to do, the people involved helped ating costumes for Broadway, televi- the program relates to the “distinctive- have gotten out of high school, to cheat the players out of educa- sion and film, and some have launched ness of the campus and the mission of then ushered them through a “cur- tions they otherwise could have their own businesses,” stated an April the campus” and that there is sufficient riculum” consisting largely of easy received. CJ 2 press release by the university’s Col- “demand for the program in the local- courses with negligible educational lege of Arts and Sciences touting a ity, region, or state as a whole.” CJ value. new partnership with the newly cre- Moreover, the imperative George Leef is director of re- ated Museum of Science Fiction in Jesse Saffron is a writer and editor of keeping players eligible led to search at the John W. Pope Center for Washington, D.C. The museum now for the John W. Pope Center for Higher double standards in the classroom. Higher Education Policy. collaborates with students and fac- Education Policy. PAGE 18 MAY 2015 | CAROLINA JOURNAL Higher Education Campus Briefs UNC’s Bridge Program Not Meeting Expectations NC-Chapel Hill has launched Carolina Con- By Jesse Saffron Those GPAs were slightly lower than the average first-year versations, an initiative Contributor GPA of traditional NCCU freshmen, which was 2.49 in the Udesigned to provide forums for RALEIGH 2013-14 academic year. All universities participating in the students to discuss sensitive top- ince the 2007-08 academic year, the state of North Caro- program had similar results: Students receive much high- ics. The university is doing this by lina has allotted more than $7 million to the Academic er grades in their summer work (usually ranging between sponsoring regular town-hall-style Summer Bridge Program, which is intended to prepare “C+” to “A”) than they do in subsequent semesters (ranging forums called My Carolina Voice, Sacademically weak students for the rigors of college. from “D+” to “C+”). smaller gatherings called Carolina Five schools within the University of North Carolina Because the high summer GPAs boost the Summer Pulse, and My Chance, a process system participate: N.C. Central University, Fayetteville Bridge students’ overall GPAs, however, the university sys- letting students apply for funding State University, UNC-Pembroke, Elizabeth City State Uni- tem boasts that participants’ cumulative GPAs are higher from the school to conduct “grass- versity, and N.C. A&T State University. after the first year than those of traditional students. roots interactions.” The system’s General Administration has issued a re- The legislative report was designed to present the Planned discussion topics are port claiming the bridge programs are “successfully tran- Summer Bridge program in the best possible light. General “race, intellectual diversity, reli- sitioning significant numbers of underrepresented, under- Administration, however, omitted and glossed over some gion, identity, and culture.” So far, served students into the universities. …” But a close look important facts. For instance, Summer Bridge graduation however, it looks as if race is the subject du jour. The university is at the data reveals rates are abysmal. planning activities to address the that they have been At N.C. Central, naming of campus buildings, pub- far from successful only 15 percent of the lic art, and imagery, and working at improving aca- 2008 cohort graduated with the student government to demic performance in four years, and only “create new processes to identify and graduation rates 34 percent graduated and diversify” campus speakers. among those stu- in six years. That com- The first Carolina Pulse event dents. pares to traditional took place March 23 on “Race and The Summer students’ four- and Current Events.” Held in the stu- Bridge Program urges six-year graduation dent union building, the event was students whose high rates of 21 percent and a guided conversation among 100 school grade point 47 percent. All Sum- or so people. Those included stu- averages and SAT mer Bridge cohorts’ dents, faculty, staff, and admin- scores place them in graduation rates, ex- istrators — including Chancellor the bottom 10 percent cept for Fayetteville Carol Folt, Vice Chancellor Win- of the first-year fresh- State’s 2008 cohort, ston Crisp, and other high-level man class — called are lower than tradi- officials. a “high-risk student tional students’ rates. For 90 minutes, participants population” — to In other words, discussed racism in fraternities, enter the program. the state is spending police brutality, race relations Participants must millions of dollars on on campus, and “microaggres- complete a for-credit, a program that drives sions” — the accidental or minor college-level English roughly 300 low- instances of prejudice supposedly displayed by members of “privi- and math course over performing students leged” groups every day. the course of a four- or each year into a four- At least one faculty or staff five-week period the year university, where member participated at each table. summer before their they tend to earn poor Perhaps this was a coincidence, first fall semester and grades, drop out, or but it could have been intentional. earn a “C” or better in otherwise fail to grad- At one table, a nonstudent both classes. uate within a reason- brought up laws requiring vot- Students live on able period of time. ers to present identification docu- campus and attend The General ments at the polls, even though no classes each week- Assembly has con- one had been discussing the topic. day. Throughout the sidered another, less She said she was worried about summer course, they costly way to increase the effect the laws would have on receive mandatory the academic perfor- race relations, calling them “un- academic counseling, mance of students progressive.” guidance, and men- who lack adequate While the students changed torship. Those support services remain available through- preparation for a four-year college: The Guaranteed Admis- the subject and did not get drawn out the students’ time at the university. State funds directed sion Program, or NC GAP, discussed in the House of Rep- into a political discussion, that in- toward the programs pay for the summer coursework and resentatives during the 2013 legislative session, addressed cident was indicative of the feel student housing, as well as the intensive academic supervi- many of the same goals. of Carolina Conversations overall sion. NC GAP would have provided an incentive to stu- — controlled dialogue under the The General Administration’s legislative report points dents with borderline academic records to attend a commu- guise of free and open debate. to high completion rates in the summer coursework as a nity college and earn an associate degree before going to one Yet if UNC-Chapel Hill has sign that the students have “demonstrated the academic of the system’s 16 public universities. The goal of the plan no intention of controlling the campus dialogue, it is not clear skills for success in college.” — which was not ratified by the legislature — is to increase what purpose Carolina Conver- It’s true that such rates are high. Each summer, be- graduation rates, enhance weaker students’ academic skills, sations serves that students and tween 85 and 95 percent of students complete the program, and reduce costs to students and the state. student groups could not achieve meaning they earned a “C” or higher in both courses and Such a program would save taxpayers the recurring without the presence or influence then enrolled in fall semester classes. And some students at funds directed to Summer Bridge and could reduce the state’s of administrators. CJ some of the universities appear to be performing relatively overall spending per student. The state currently spends well in their summer courses. In 2013, for example, the aver- roughly $13,500 per full-time university student on average, Compiled by Harry Painter, a age summer GPA of N.C. Central’s cohort was 3.53. but only $4,200 per full-time community college student. CJ writer for the John W. Pope Center for Unfortunately, those N.C. Central students’ GPAs Higher Education Policy. dipped dramatically during the fall and spring semesters, Jesse Saffron is a writer and editor for the John W.Pope when their average GPAs were 2.39 and 2.44, respectively. Center for Higher Education Policy. MAY 2015 | CAROLINA JOURNAL PAGE 19 Higher Education Opinion Sustainability Movement Infuses Campuses With Fundamentalism bout 25 years ago, American versity in 2006. By people to become an uncivil, unscholarly fashion. That’s higher education was swept 2015, 475 colleges vegans, doing so what happens when true believers up in the identity studies fad. and universities Issues has no connection take charge of education; a “you’re A great many colleges and universities had created cer- with the function with us or you’re against us” mindset created courses, departments, degree tificate and degree in of an institution of shoves aside reflective inquiry and programs, and related administrative programs in the Higher Education higher education. discussion. posts in Women’s Studies, African- field. But exactly Imagine the The report also shows that the American Studies, Latina/o Studies, what is this field? outcry if a college zealots behind this movement not Queer Studies, and others. Traditionally, sponsored a course only expect sustainability notions to Now there is a new fad rampag- academic disci- in which students suffuse the curriculum, but also want ing across the college landscape — plines conveyed were expected to them to permeate the entire educa- sustainability. a body of knowledge to students: defend their religion or change it. tional institution. Students constantly For the last chemistry, biology, history, literature, What other sorts of courses do must be “nudged” to adopt “sustain- 10 years, this ma- foreign languages, philosophy, eco- students take in the sustainability cur- able” habits, and administrators are nia has been gath- nomics, and so on. But (and again like riculum? It’s a hodgepodge, includ- expected to make the school’s “carbon ering momentum identity studies) there is no body of ing “trash studies,” “environmental footprint” as small as possible. The because, like iden- knowledge regarding “sustainability.” poetry,” and my favorite, “Small required “green” investments can be tity studies, sus- It’s just a farrago of beliefs, attitudes, Spaces Studio,” in which students can quite costly and will make education tainability pushes and grievances centering around the learn how best to live in mini-spaces. at these colleges more expensive. the hot buttons for general notion that humans aren’t liv- Frequently, courses link some “iden- While we might be tempted to leftist academics: ing the right way and unless we make tity” belief with sustainability, such shrug off the sustainability movement environmentalism, drastic changes, we are doomed. as that “patriarchy” is the enemy of as little more than well-intentioned anti-capitalism, Wood and Peterson argue that sustainable life and therefore must be GEORGE environmental enthusiasm, Wood salvation through LEEF sustainability is an “ideology that opposed. liberal activism, unites environmental activism, anti- Most often, however, courses in- and Peterson argue to the contrary: and the chance to capitalism, and a progressive vision of volve the supposedly unquestionable “Harnessing higher education into hector all those social justice.” science of global warming and im- the service of sustainability seriously wrong-thinking people. Like a religion (hence the refer- pending catastrophe. There are plenty undermines its purpose. … It forces How far the sustainability move- ence to fundamentalism), adherents of serious questions for academic habits and disciplines based on reflec- ment has spread into American higher of sustainability are not interested in study here. Wood and Peterson write: tion, dialogue, and careful consider- education is the subject of a recent, questioning its tenets. They are as- “Is the climate really changing? ation into the mold of urgent political deeply researched study by the Na- serted, including the expectation that In the direction of global warming? and social advocacy.” tional Association of Scholars, titled students and school officials should Because of human activity? And if In sum, NAS has given us a “Sustainability: Higher Education’s take “pledges” they must adhere the answers to these questions are desperately needed warning about this New Fundamentalism.” to. And the courses that go into the ‘yes,’ are the interventions proposed movement. Allowing it to continue to “In less than a decade,” write sustainability curriculum are far more by sustainability advocates plausible grow means further politicization of authors Peter Wood and Rachelle like preaching than teaching. responses? These are key questions, education and “deforestation of our Peterson, “the campus sustainability Consider, for example the “Eth- but the sustainability movement does rich intellectual and academic environ- movement has gone from a minor ics of Eating” course at Cornell, a not welcome them.” ment.” Presidents, trustees, and faculty thread of campus activism to a master school that has gone head over heels Sustainotopians (as the authors members all should take heed. CJ narrative of what ‘liberal education’ for sustainability. Students are re- call them) don’t want doubts about should seek to accomplish for stu- quired to “either defend your eating their creed seeping in. As the report dents and for society as a whole.” habits or change them.” It’s advocacy, documents, when students dare George Leef is director of research The first sustainability program not intellectual study. While there’s question the beliefs that undergird at the John W. Pope Center for Higher was established at Arizona State Uni- nothing wrong in trying to convince sustainability, they’re often treated in Education Policy. PAGE 20 MAY 2015 | CAROLINA JOURNAL Books & the Arts

From the Liberty Library Book review

• In 2000, Bill and Hillary Clinton owed millions of dollars Guinier Remains Wedded to Collectivism and Quotas in legal debt. Since then, they’ve • Lani Guinier, The Tyranny of the Meritocracy: Democratizing societal institutions and governance.” So the author’s vision earned more than $130 million. Higher Education in America, Beacon Press, 2015, 160 pages, encompasses all of society, not just higher education. Where did the money come from? $24.95. “Just as obsession with competition and individualis- Most people assume that the Clin- tic merit begins in the classroom, so can a more effective tons amassed their wealth through By Lloyd Billingsley democracy,” contends Guinier, who touts a “culture of col- lucrative book deals and high-six- Contributor laboration rather than competition.” Such a sweeping vi- figure fees for speaking gigs. Now, RALEIGH sion will leave readers wanting some examples. As Paul New York Times best-selling author s Harvard Law School professor Lani Guinier sees Hollander showed in Political Pilgrims, the favored models Peter Schweizer shows who is re- it, we stand at a turning point in history, in need of a of this vision have been Cuba or the Soviet Union, not de- ally behind those enormous pay- cultural shift from “testocratic merit” to “democratic mocracies in any sense. Alas, the only example of a working ments. In Clinton Cash, he follows merit,”A which is “the foundation on which our national val- culture of collaboration cited in The Tyranny of the Meritoc- the Clinton money trail, revealing ues truly ought to rest.” Her main beef is with the Scholas- racy is the city of Chicago’s community police and school the connection between their per- tic Assessment Test, which she sees as a “proxy for wealth” boards, as noted by Archon Fung, also of Harvard. Read- sonal fortune, their “close personal and “normed to white upper-middle-class performance.” ers may find this Chicago model unconvincing, along with friends,” the Clinton Founda- The SAT, the author explains, is part of the status Guinier’s defense of affirmative action. tion, foreign nations, and some of quo of “built-in biases that privilege those who are already During the 1970s, the University of California at Davis quite advantaged,” a narrow band of values that are “the reserved a quota of medical school slots for accredited mi- the highest ranks of government. production and reproduction norities and denied admission www.harpercollins.com. of privilege but without ob- to Allan Bakke, highly quali- ligation or shame.” The SAT fied but not a person of color. • American freedom is be- is supposed to pick the “best Bakke’s successful lawsuit ing gutted. Whether we are trying and brightest,” but in her view against UC-Davis was to rem- to run a business, practice a voca- this amounts to “nothing more edy discrimination against tion, raise our families, cooperate than students who can per- himself on the basis of race, with our neighbors, or follow our form well on the test.” The not about opposing “diver- religious beliefs, we run afoul of boys do better in math, and sity,” as Guinier has it. the government — not because we that appears to disturb the au- The Tyranny of the Meri- are doing anything wrong but be- thor. tocracy fails to mention Cali- cause the government has decided In The Tyranny of the Mer- fornia’s 1996 Proposition 209. it knows better. In By The People, itocracy, Guinier does not call The first time voters anywhere acclaimed social scientist and best- for college admissions based in the United States had any selling author Charles Murray solely on test scores and grade say in a matter of affirmative shows us why we can no longer point average. Readers will get action, they duly eliminated the feeling that the author dis- race, ethnic, and gender pref- hope to roll back the power of the likes other test scores as much erences in education. That federal government through the as the SAT, and she clearly is historic vote was certainly an normal political process. But Mur- uncomfortable with the whole example of democratic action, ray describes how civil disobedi- idea of individual merit. Even but it’s not the sort of thing ence backstopped by legal defense so, Guinier does not explain Guinier has in mind. funds can make large portions of how this supposedly tyranni- In 1993, President Clin- the 180,000-page Federal Code of cal status quo allowed some- ton nominated Lani Guinier Regulations unenforceable. We the one like herself to became a for assistant attorney general people using America’s unique civ- tenured professor of law at for civil rights but withdrew il society can put government back Harvard and the University her name after protests over in its proper box. More at www. of Pennsylvania. It may have Guinier’s schemes for “race- crownpublishing.com. helped that her father, Ewart conscious districting” and Guinier, born in Panama of Ja- support for racial preferences • Most young people born maican parents, was chairman that got her tagged a “quota between the early 1980s and the be- of Harvard’s Department of queen.” For many readers, The ginning of the 21st century, known Afro-American Studies. Tyranny of the Meritocracy will In quest of democratic confirm that her critics had as millennials, have not seen suc- merit, Guinier wants a change it right. As used by Guinier, cess. Achieving success will be “from test-oriented lectures to a collaborative atmosphere diversity is a proxy for government racial and ethnic ger- more difficult than it was in the that teaches our students how to problem solve.” In that rymandering. Meanwhile, readers should be aware of an- past. This is the first generation of cause she deploys Carnegie Mellon University professor other back story. young Americans that our govern- Anita Woolley, an advocate of “collective intelligence,” that Back in the 1990s, Guinier questioned the blackness of ment systematically disfavors. The is, intelligence for groups, not individuals. In this politically African-American scholar Thomas Sowell, who was born American government is robbing correct vision, individuals have only the distinction of drops in Gastonia, grew up in Harlem, and earned a bachelor’s millennials (some of whom cannot of water in a clear pond, something Kenneth Minogue out- degree from Harvard, a master’s from Columbia, and a even vote) to pay for lavish servic- lined in Alien Powers: The Pure Theory of Ideology. Ph.D. in economics from the University of Chicago. He ac- es for their parents and grandpar- Guinier also invokes economist Scott Page, author complished all this apart from any government affirmative ents. America is facing a crisis. The of The Difference: How the Power of Diversity Creates Better action scheme. Sowell, author of many books and a senior future of America can be saved, but Groups, Firms, Schools, and Societies. In Page’s model, “diver- fellow at the Hoover Institution, said he didn’t need Guinier only if our government’s betrayal sity trumped ability.” What “diversity” means is not out- to tell him about being black. of our youth comes to an end. The lined in precise detail. The default meaning is that higher In similar style, academics, parents, and students birthright of the millennials must education must reflect the racial and ethnic proportions of don’t need Lani Guinier to pursue the reforms higher edu- be restored. In Disinherited, Diana society, and if it doesn’t that can be only because of discrimi- cation definitely needs. On the other hand, readers of The Furchgott-Roth and Jared Meyer nation, to be remedied by government action. Tyranny of the Meritocracy will gain insight into the politi- Likewise, how the Woolley and Page models would cally correct mindset with its deadbolted dogmas, deceptive explain how. Learn more at www. work in practice may not be clear to many readers, but for vocabulary, and rigidly collectivist vision. CJ encounterbooks.com. CJ Guinier they show “democratic merit in action.” And this democratic merit, the author says, will “positively affect our Lloyd Billingsley is author of the forthcoming Bill of Writes. MAY 2015 | CAROLINA JOURNAL PAGE 21 Books & the Arts Hard-Living Tar Heel Charlie Poole a Pioneer in Banjo Music ecently I was thumbing through in World War I. Although Poole of work includes “Don’t Let Your Deal since his early childhood. As a boy, he my copy of Scoundrels, Rogues, had performed in various states by Go Down Blues,” “Can I Sleep in Your made his first banjo from a gourd and and Heroes of the Old North State, 1924, Poole and his band had not yet Barn Tonight Mister,” “Hesitation taught himself to play. (He later was Ran anthology of collected essays by peaked. Blues,” “White House Blues,” “Sweet able to buy banjos costing hundreds of noted historian H.G. Jones. (He wrote Taking a trip to New York City in Sunny South,” “Budded Roses,” dollars.) Poole had an unusual play- a weekly column from 1969-1986.) The 1925, Poole, Posey Rorrer, and Nor- “If The River Was Whiskey,” “He ing style that added to an uncommon editors Randell man Woodlief Rambled,” and Ramblers sound that incorporated Jones and Caitlin recorded with “There’ll Come a ragtime and popular sounds. Poole’s Jones, unrelated Columbia Re- Time.” With his “three-finger style” influenced later to the history col- cord Company. meteoric rise to and more popular banjoists and blue- umnist, write that “North Carolina fame during the grass and country stars. the columns were Ramblers” was mid- to late-‘20s, He probably picked the banjo (and are) “enter- a best-selling, he recorded other the only way he could possibly do so. taining stories prolific success, best-sellers, too, In his younger days, he had injured about the heroes selling more than on the Columbia, his thumb and broken some knuck- and the ne’er-do- 100,000 copies, Paramount, and les playing baseball, which was both wells who make according to Brunswick labels. popular and competitive in mill towns Tar Heel history TROY Jones. Biographer After the stock across the early 20th-century South. so colorful.” One KICKLER Clifford Kinney market crash in The injury probably led to the “three- such Tar Heel Rorrer points out 1929, record sales finger style” and made precision an was Charlie Poole that the typical country music record- dipped, and Poole no longer was “Sit- absolute necessity. Each June, the Charlie Poole Mu- (1892-1931), a musician born in Ran- ing of the time sold about 5,000 copies. tin’ on Top of the World.” sic Festival, held at Governor More- dolph County, who grew up in nearby In other words, “North Carolina In 1931, though, he accepted an head Park in Eden, across the street Alamance County. Ramblers” was a hit; the group’s fame invitation to go to Hollywood and from the mill where Poole worked, record a song for a movie western. Like many in the Piedmont dur- had spread from Piedmont mill towns features an evening of performances Although Poole looked forward to ing the early 1900s, Poole worked in to Appalachia and the Southeast and by old-time and Americana musi- a textile mill. He also landed various later to the nation. And they were no an opportunity to revive his career, cians and a day of banjo, guitar, fiddle, jobs in Virginia and West Virginia one-hit wonders. Despite the success he never made the silver screen. For vocal, and band competitions for all before returning to North Carolina, and popularity, though, the group years, he had lived his life in fast for- ages. For details, visit charlie-poole. winding up in Rockingham County. disbanded in 1928. ward, and it came to an end, a day less com. CJ From the mill-town culture, North The Ramblers name stayed than two months before his 40th birth- Carolina Ramblers group was formed, with Poole as the banjoist continued day. After a long celebratory spree, Dr. Troy Kickler is director of the and Poole’s music took a professional performing and recording with other Poole succumbed to a heart attack. North Carolina History Project (northcar- turn while the United States fought fiddlers and guitarists. His catalogue Poole had played the banjo olinahistory.org). BOOKS BY JOHN LOCKE FOUNDATION AUTHORS

If you don’t know about Edenton, North Carolina, your knowledge of U.S. history is incomplete and your knowledge of North Carolina insufficient. Organized women’s political activity in America was born in Eden- ton. The concept of judicial review—that courts can declare legislative acts unconstitutional—was champi- oned here. Ideas for a national navy and defense were implemented here. Many passages of the N.C. Con- stitution (1776) and the U.S. Constitution originated here. Leading proponents of the U.S. Constitution (a.k.a. Federalists) lived in this small place, and so did nationally known jurists and politicians. Dr. Troy Kickler, founding director of the North Carolina History Project, brings Edenton, its people, and its actions into proper and full focus in his book, The King’s Trouble Makers. Go to northcarolinahistory.org for more information. PAGE 22 MAY 2015 | CAROLINA JOURNAL Books & the Arts Book review Author of Naked Public Square Led an Extraordinary Life • Randy Boyagoda, Richard John Neu- theologically documented, Neuhaus anti-American leftists who smeared he debated the relative merits of Moth- haus: A Life in the Public Square, Image, wound up at Zion Evangelical Luther- Neuhaus as an “intellectual assassin er Teresa and Sister Boom Boom, a San 2015, 459 pages, $30.00. an in Detroit. By the early 1960s, he on behalf of wealth and power.” Francisco transvestite. was pastor of St. John the Evangelist Full disclosure: I knew Richard The New Republic grouped Neu- By Lloyd Billingsley church in Brooklyn, a congregation of John Neuhaus a bit, and when he was haus with the menacing “theocons,” Contributor blacks and whites. He also ministered visiting nearby I printed up a business and paleoconservative Joe Sobran RALEIGH in death wards and kept his eye on es- card for him reading, “Intellectual As- slammed him as a “one-man magiste- ichard John Neuhaus was vari- calating conflicts in Southeast Asia. sassin.” We enjoyed some laughs at the rium of the neoconservative crowd.” In ously a theologian, intellectual, A key player with the group Cler- notion of the cigar-chomping captains “The Raid” chapter, Boyagoda recounts activist, ecumenist, writer, edi- gy and Laity Concerned of industry assigning a how Neuhaus and some groups on the Rtor, commentator, pundit, and pastor. About Vietnam, Neu- minister and Luca Brasi right parted company in rather abrupt Or, as he put it, “a Canadian-reared, haus became a “fast-ris- to attack the evangelists fashion. Neuhaus then launched the Texas-educated, Missouri Synod Lu- ing activist on the Amer- of “liberation theology.” journal First Things, which maintained theran writing from black Brooklyn ican Left.” He made As Boyagoda his influence. where I have lived almost the whole of national news on Oct. 25, notes, in keeping with In his editorial after the 9/11 at- my adult life.” 1965, for sharp criticism his faith, Neuhaus be- tacks, he recognized a real war, not To write the definitive book on of President Lyndon lieved the poor should some metaphorical conflict, as some such a man is no easy task, but for Johnson, and his emer- be liberated. As a found- had it. “Metaphorical airplanes flown the most part Randy Boyagoda pulls gence as a national reli- ing member of the In- by metaphorical hijackers,” he wrote, it off in Richard John Neuhaus: A Life in gious leader in a grow- stitute on Religion and “did not crash into metaphorical build- the Public Square. The author describes ing anti-war movement Democracy, he argued ings leaving thousands of metaphori- himself as a “Sri Lankan-Canadian dovetailed neatly with that democratic plural- cal corpses.” novelist and English professor living the civil rights cause. ism was a better lib- A Roman Catholic since 1990, in Toronto,” and his section on Neu- Neuhaus drew inspira- erator than any Marxist Neuhaus faulted Barack Obama for not haus’ early life shows great attention tion from Martin Luther dogma. He also believed disowning the Rev. Jeremiah Wright to detail, supplemented with photos. King Jr.’s “Letter from that a public square and found in the president “boilerplate Boyagoda’s subject was the sev- Birmingham Jail,” and shorn of religious val- leftisms of class warfare and what he enth child of Ella and Clemens Neu- in February 1968 joined ues was a barren place. depicts as a nation of black and white, haus, a Lutheran pastor in Pembroke, King, Ralph Abernathy, and others in Without those values, as he was fond of seething resentments.” Ontario, who raised eight children on the march on Washington. of saying, there would have been no As a pastor in Brooklyn, Neu- a salary of $81 a month. In the early As Boyagoda sees it, Neuhaus anti-slavery movement, no women’s haus had married a black-and-white going Richard showed interest in the had become a leading clergyman of the suffrage movement, and no civil rights couple, and every year called them ministry, performing a dog wedding, American Left, “only to discover that movement. He delighted to note that on their anniversary. One year no call but also revealed a mischievous side. the American Left was moving away Martin Luther King Jr. was in fact a Some of his early life also emerg- from his clergyman concerns.” Oppo- minister. came, and the couple knew some- es in Neuhaus’ 2002 As I Lay Dying: sition to U.S. involvement in Vietnam Neuhaus joked about calling his thing was wrong. So in early 2009 they A Meditation Upon Returning, which did not mean that Communist forces signature book The Naked Catholic Bish- showed up in the hospital room where readers will want to consult, and the were the vanguard of peace and social ops, but Andrew Greeley had already Neuhaus lay dying. He was unable to subject of a C-SPAN interview with justice, as some in the movement con- used that one. So he called it The Naked speak, but when the woman addressed Brian Lamb. The book bears “Proust- tended. Public Square, and the rest is history. As him, “he opened his eyes and smiled. ian intensity,” says Boyagoda, but it Neuhaus duly became a vocal an- Boyagoda notes, the book got a boost Soon thereafter he fell into a deep and was not the work that made Neuhaus ti-communist and natural adversary to from Ronald Reagan’s 1984 re-election final sleep.” Six years later, this great a national figure. what the author calls “liberal Christian campaign, and Neuhaus became a sta- man remains someone all readers need After an education in Nebras- groups like the Sojourners.” In real- ple on television. In a famous “Firing to know. Richard John Neuhaus is a ka and Texas, here thoroughly and ity, these were not liberals but strident Line” episode with William F. Buckley, good place to start. CJ Help us keep our presses rolling Share your CJ Publishing a newspaper is an ex- pensive proposition. Just ask the many daily newspapers that are having trouble making ends meet these days. Finished reading all It takes a large team of editors, re- porters, photographers and copy editors the great articles in this to bring you the aggressive investigative reporting you have become accustomed month’s Carolina Jour- to seeing in Carolina Journal each month. nal? Don’t just throw it Putting their work on newsprint and then delivering it to more than 100,000 in the recycling bin, pass readers each month puts a sizeable dent in the John Locke Foundation’s budget. it along to a friend or That’s why we’re asking you to help defray those costs with a donation. Just neighbor, and ask them send a check to: Carolina Journal Fund, John Locke Foundation, 200 W. Morgan to do the same. St., Suite 200, Raleigh, NC 27601. We thank you for your support. Thanks. John Locke Foundation | 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 MAY 2015 | CAROLINA JOURNAL PAGE 23 Books & the Arts Book Review Economist Highlights Misery Caused By Top 10 Policy Mistakes • Burton Abrams, The Terrible 10: A tion’s money supply fell sharply. If the ing either huge tax increases or benefit to adopt an easy money policy meant Century of Economic Folly, Independent Fed hadn’t blundered, we wouldn’t reductions. Furthermore, Social Secu- to boost employment quickly. Burns, Institute, 2013, 186 pages, $24.95. have suffered anything like the calam- rity has done great damage by causing however, said that such a policy would ity of the Depression. people to save less than they would cause long-term inflation. By George Leef • The Hawley-Smoot Tariff. have otherwise. Nixon, however, was adamant Contributor While the government’s monetary mis- • Tax follies. High marginal rates and put unrelenting pressure on the RALEIGH takes were mainly to blame for causing on successful people enable politicians scholarly economist. Burns finally ost of us like lists, especially the Depression, other policies made it to extract vast amounts of wealth for gave in, and Nixon easily won in 1972, those apt to spark debate. In much worse, especially the Hawley- their policies, many of them wasteful but Burns was proven right: America The Terrible 10, Burton Abrams Smoot Tariff of 1930. or even counterproduc- got years of high inflation combined givesM us a list of the 10 worst govern- The standard be- tive. with a sluggish economy. That led to ment blunders of the last century. Each lief at the time among Abrams explains the election of Jimmy Carter and yet chapter explains why the particular Republicans was that that we bear many hid- more bad economic policy. program or policy created high costs high tariffs were good den costs because of our • Environmental mismanage- ment. with little or no offsetting benefit. for the domestic econo- tax system, for example Abram’s eighth folly is federal Abrams has the background to my. Rep. Willis Hawley the squandering of re- meddling to protect the environment. write this book. He’s a professor of and Sen. Reed Smoot sources on lobbying for He’s not opposed to laws that stop air and water pollution, but op- economics (University of Delaware) concocted a protection- favorable tax rules and poses programs that impose high costs and directs the Independent Institute’s ist trade bill that raised the man-hours devoted in pursuit of “green” purity. One ex- illuminating MyGovCost.org website. duties substantially on to preparing our taxes ample he examines in detail is ethanol Let’s look at his terrible 10: a wide array of imports. or paying experts. subsidies. Prohibition. Medicare and • This attempt to Although the bill drew • • Government failure and the Medicaid legislate morality and improve the opposition from busi- . Just as So- Great Recession. Abrams explains people through coercion backfired di- ness leaders (Henry cial Security is widely how government follies caused the sastrously. Abrams recounts the glow- Ford called it “economic regarded as a “compas- housing bubble and the consequent fi- ing aims of the prohibitionists, then stupidity”) and lead- sionate” and necessary nancial crash that ruined people who shows that the results were the oppo- ing economists, Presi- expansion of govern- took out ill-advised mortgages, wiped site: a huge increase in crime, corrup- dent Hoover believed it ment, so are Medicare out many jobs, and damaged financial tion, injury, or death due to the con- would ease America out of the Depres- and Medicaid generally applauded for institutions that had invested in worth- sumption of illegally produced booze, sion. providing medical care for the elderly less securities. and more. It backfired. Predictably, foreign and the poor. • Decades of deficits. The • Monetary policy during the nations retaliated with their own trade Abrams disagrees, arguing that temptation to spend money now (in Depression. Many mistakenly believe restrictions, causing American exports both programs cause Americans to be ways that garner votes) and paying for that the Depression occurred just be- to wither. The resulting internation- dependent on government, to their it in the future is nothing new, but in cause of some innate instability in capi- al trade war helped set the stage for detriment. Instead of working, sav- recent decades, American politicians talism. What few know is that govern- World War II. ing, and making the best arrangements have put the pedal to the metal. ment monetary policy played a crucial • Social Security. Abrams possible in a free market, Americans While Keynesian economists say role in the Depression. doesn’t shrink from calling Social Se- are stuck with inefficient, bureaucra- that deficits “stimulate” the economy, Abrams shows that the Federal curity a “Ponzi Scheme.” Early benefi- tized programs. Abrams responds that government Reserve System, established in 1914 to ciaries made out well, but the system is • The Nixon-Burns political borrowing crowds out more useful pri- help smooth business cycles and pre- unsustainable. business cycle. President Nixon vate uses for limited capital. He’s es- vent panics, failed to act properly once Congresses and presidents re- wanted desperately to win re-election, pecially critical of President Obama’s the country started sliding into reces- peatedly tried to buy votes through ex- but economic conditions were not rosy huge “stimulus package” that did little sion in 1929-30. The Fed dithered while panding benefits, but the program will in 1971. Therefore, he wanted Fed- short-run good in exchange for heavy many small banks collapsed; the na- run out of money before long, requir- eral Reserve chairman Arthur Burns future taxes. CJ

Books authored By JLF staFFers Free Choice for Workers: Selling the Dream A History of the Right to Work Movement Why Advertising is Good Business

By John Hood PresidentChairman of ofthe the By George C. Leef JohnJohn Locke Locke Foundation Foundation ViceDirector President of Research for Research at the at John the W. JohnPope William Center Pope for HigherCenter for Education Higher “[Selling the Dream] provides a EducationPolicy Policy fascinating look into the world of advertising and beyond ... “He writes like a buccaneer... Highly recommended.” recording episodes of bravery, Choice treachery, commitment and April 2006 vacillation.” Robert Huberty www.praeger.com (Call Jameson Books, 1-800-426-1357, to order) Capital Research Center PAGE 24 MAY 2015 | CAROLINA JOURNAL Opinion

COMMENTARY Too Many Crimes On the Books ecause of tax reform, less Carolina. Without any intent to burdensome regulations, and break a law, honest, hard-working a general spirit of optimism, citizens can be charged with crimes Byou have confidence that North carrying heavy penalties, social Carolina is on the right track and stigma, and even jail time. this is the place to invest and start While North Carolina adds a business. You leap into the world new crimes to the books — law- of entrepreneurship. But you fail to makers have added an average of file a required form on time and are 34 new offenses just to the criminal convicted of a crime. Welcome to code every year from 2008 through overcriminalization in North Caro- 2013 — outdated, obsolete, and lina. It’s making business owners even unconstitutional penalties into criminals every day. remain. So the code gets bigger. But Some offenses against people not better. and property should be The North Carolina EDITORIAL treated as crimes, such General Assembly has as murder, rape, larceny, recognized that criminal- or theft. Those actions ization has gone too far. clearly are wrong, and The Justice Reinvestment Bond Bite it’s difficult to commit Act of 2011, the Sentenc- them unless you intend ing Commission, and to do so. But another set the General Statutues Is Too Big of criminal laws ensnare Commision have begun innocent, well-meaning amending, modernizing, nterest rates are low. There are already permitted and ready to break North Carolinans as they BECKI and streamlining criminal very real needs for public capital ground plus $50 million to pave some try to enter professions, GRAY law. Many misdemeanors spending across North Carolina, 113 miles of rural secondary roads. start businesses, and exer- were reclassfied in the Iresulting from years of inadequate The other half of the debt would cise their rights. 2013 budget. facility maintenance and an ever-in- fund more than 100 new facilities or Chapter 14, the criminal law But there’s more to do: creasing population. At the same time, renovations across various agencies, section of North Carolina General • Apply regulatory reform Gov. Pat McCrory and legislative lead- functions, and regions of the state. The Statutes, has 765 sections. Addi- provisions that the General As- ers have exhibited admirable restraint major chunks include $504 million for tional criminal laws are scattered sembly enacted in 2011 to criminal in crafting state operating budgets, the University of North Carolina sys- throughout other sections of the offenses, requiring a regular review thus creating fiscal space for servic- tem, $200 million for community col- statutes — drug laws in Chapter 90, of old laws. Amend or discard ing new debts without a tax increase. leges, $200 million for the state ports motor vehicle laws in Chapter 20, those that aren’t needed. A cleaner And they have committed themselves at Wilmington and Morehead City, and various “catch-all provisions” criminal code will return integrity to submitting major new debts for $100 million for rail lines and other approval by North Carolina voters, found elsewhere. Search “criminal” to the system and make it easier to nonhighway transportation projects, rather than skirting this constitutional under N.C. General Statutes, and comply. $112 million for state parks and the requirement as previous governors you’ll get 1,304 matches. North • Create a bipartisan study North Carolina Zoo in Asheboro, $87 Carolina’s criminal code is larger commission to look at criminal pen- and legislatures have done since 2000. million for armories and infrastruc- than that in any of our neighboring alties in adminstrative rules, and These are all valid, persuasive, ture supporting military bases in the states — a whopping 55 percent create a method for organizing and and fiscally conservative reasons for state, $76 million for state cultural and larger than Virginia’s and 38 percent clarfiying criminal laws so ordinary placing a bond package on the state- larger than South Carolina’s, for citizens can access, understand, and wide ballot as soon as this November. historic sites, $62 million for public- instance. comply with them. Unfortunately, there remains a valid, safety projects, and $51 million for Criminal offenses don’t stop • End the practice of filing persuasive, and fiscally conservative health and human service facilities. with the statute books. Additional criminal charges against people reason for North Carolinians to reject There are many undeniable criminal offenses are written into who unknowingly violate rules and the package the McCrory administra- needs and high priorities in the list state agency regulations and en- have no intent of doing wrong. In tion had proposed: It’s simply too of projects Connect NC would fund. forced by unelected bureaucrats in legal terms, create a mens rea provi- large. There are $15 million worth of reno- areas including agriculture, envi- sion. Every dollar of debt the state vations and expansions of the state’s ronment, and public health. Then It should not be a criminal of- incurs to build or renovate some- courthouses. There are essential there are criminal penalties imposed fense to sell hot dogs, whiten teeth, thing represents more than a dollar in repairs to aging state office build- by occupational licensing boards conduct sleep studies, offer dietary principal and interest over the term of ings. There is $11 million to repair or — boards controlled by those who advice, or fail to file a report. It’s the bond that can’t be used for state replace roofs at historic sites and other currently practice professions such time to instill common sense into operating expenses — including core Cultural Resources facilities across the as hairdressing and landscape North Carolina’s criminal code. services such as public safety and state, a need to which any recent visi- architecture and want to keep Let’s keep criminals who threaten education — or left in the hands of tor to these locations can attest. newcomers out. Violations of local public safety behind bars and stop private households and businesses But many projects raise red flags. ordinances also can carry criminal overusing criminal penalties that to spend on their own operating and Some of these projects can wait. Some penalties. undermine the integrity of our jus- capital needs. are inordinately expensive given any There are so many crimes on tice system and threaten everyone With that in mind, let’s con- realistic projection of public use or the books scattered across so many else’s freedom. CJ sider some details from the gover- benefit. jurisdictions that even the most nor’s roughly $2.8 billion “Connect State lawmakers should boil the seasoned criminal-defense lawyer NC” plan. Half the debt would fund list down to essentials before placing is hard-pressed to say how many Becki Gray is vice president of highway improvements, including them on the ballot. Right now, they’re criminal laws we have in North outreach at the John Locke Foundation. $1.32 billion for 27 high-priority proj- biting off more than North Carolina ects such as beltways and bypasses taxpayers can chew — and stomach. CJ MAY 2015 | CAROLINA JOURNAL PAGE 25 Opinion

EDITORIALS COMMENTARY Capital = Growth Budget Crisis Policies should encourage investment Didn’t Occur lthough economists continue to distinguish immediate consump- to differ widely and strenu- tion from investment, and then levy funny thing has happened on “bracket creep,” although North ously about what causes short- high marginal tax rates on the latter, the way to North Carolina’s Carolina waited until the 1990s to termA events, few would disagree with either can encourage taxpayers to save great budget crisis of 2015. index the tax code. The point is that the proposition that capital formation AWell, strictly speaking, what according to the official revenue and invest less than they otherwise happened is funny if you are on the forecasts in 1989, the Tax Fairness is a fundamental building block of would or encourage them to do their right side of the spectrum. If you Act was supposed to be revenue- long-term economic growth. But what saving and investing somewhere else. is capital? are a liberal activist or Democratic neutral. It turned out not to be. By Unless you believe in either politician, the emotions you may the second full year of implementa- The concept is broader than just anarchy or totalitarianism, then you an accumulation of financial assets. be feeling right now are frustra- tion, 1991, fiscal analysts estimated must think there is a proper balance tion, disappointment, perhaps even that the bill actually had reduced A capital good is something created between public investment and pri- not for immediate consumption but embarrassment. state revenue from the baseline by vate investment. Liberals tend to think Last fall, folks on the Left be- around $100 million. Some put the to help us produce goods and services we spend too little on government. for future consumption. It can be a gan pointing to monthly figure much higher, at Conservatives tend to think we spend reports on General Fund $300 million, the equiva- factory, a machine, a tool, a computer, too much on it, that we’re well past or even a musical instrument. revenue collections from lent of about $520 million the point of diminishing returns. Think broader than that, though. the state controller’s of- today. A recent study by two Univer- An industrial process or patented fice. The reports showed Those possessing a sity of Arizona researchers provides invention is a form of intellectual that income tax revenue, knowledge of North Caro- additional support for the conserva- capital. A well-educated, well-trained in particular, was lagging lina’s fiscal history and person is a form of human capi- tive view. Examining state-by-state behind the state’s origi- a modicum of common nal projections. The gap sense certainly would tal. Whenever we forgo immediate data from 2000 to 2008, they found wasn’t gigantic in dollars, have noted the revenue- consumption and invest our time that private capital was two to three but the percentage differ- collection gap in late and money to make ourselves more times more economically productive ence was noticeable. 2014 but not jumped to productive, we create capital. than public capital. They further dis- JOHN It would have been any specific conclusions Governments can affect the for- covered that more state spending on HOOD wise, given the circum- about it. Perhaps the early mation of capital in many ways. They education had become a net negative stances, simply to note the indications of a fiscal gap can invest in capital goods such as — the taxes required did more harm discrepancy and argue for prudence wouldn’t prove to be predictive at roads. They can also use tax money to than the additional spending did any as the rest of the fiscal year un- all for the entire 2014-15 fiscal year invest in the formation of human capi- good. folded. Because the 2014 tax year — because they had to do mostly tal, too, with the crucial difference be- Obviously, infrastructure and was the first one after the passage with shifting the timing of tax col- ing that physical capital can be owned education are important. This is an of major tax reforms in 2013, some lections, via lower withholding and argument for spending more wisely publicly but human capital is always differences between projected and quarterly tax payments, rather than on them, rather than just jacking up private (in a free society, at least). actual revenue would have been un- a true loss of annual revenue to the their cost. CJ Governments also can hamper surprising. North Carolina’s recent state. capital formation. Tax codes that fail history shows Unfortu- that whenever nately for the state lawmak- liberals and ers enact major Left’s error Democrats in changes in tax question, they Vouchers not Unusual policy, there is in tax revenue didn’t just a potential for predictions has jump to the N.C. uses tax dollars for many private services error in revenue worst possible forecasting. left its credibility conclusion last orth Carolina routinely routes uninformed. They can’t see the simi- Models for year. They dove tax dollars to private service larities, say, between providing food predicting the in tatters headfirst into providers without contro- stamps to the poor and allowing poor future are, in- a fetid swamp versy.N children to use tax-funded scholar- evitably, based of apocalyptic No one seriously argues that ships at private schools. on experience. rhetoric and allowing private hospitals to receive Others are serious but misin- Relationships among variables that conspiracy theories. They predicted Medicaid funds is a scheme designed formed. They think there’s something were stable in the past may no lon- a 2014-15 budget gap surpassing $1 to destroy government-owned institu- special about K-12 public education ger hold under new policies. billion. Some claimed McCrory and tions such as UNC Health Care. No that applies to no other human ser- In 1989, for example, the the GOP legislature purposefully one seriously argues that making state vice. But evidence shows that robust General Assembly passed the Tax had used a rosy scenario to justify and federal financial aid available competition from private schools Fairness Act with bipartisan majori- their 2013 tax reform — and then to students at private colleges and pushes public schools to do better — ties. Its purpose was to update the would use the subsequent deficits universities is a scheme designed to and at a lower cost. state income tax code after years of to justify more budget cuts. destroy the UNC system. And no one In either case, school-choice changes in Washington, which had It turns out, however, that seriously argues that it would be bet- included lower marginal rates and the issue indeed largely was one of proponents need only patiently and ter for the government to produce and the indexation of the federal code to revenue timing, not annual col- respectfully offer better information. It distribute most food, clothing, shelter, inflation. North Carolina had never lections. And total General Fund and child care for the poor instead of will prove persuasive over time. indexed its rates, deductions, and revenues aren’t down. They’re up using the current system, which relies However, a final group of critics exemptions to inflation, meaning $257 million over the same period primarily on cash grants, food vouch- are either too silly to be reasoned with that many families of low-to-mod- in 2013-14. ers, housing vouchers, and child care (hard leftists) or serious but dishon- erate incomes were paying higher The catastrophic hit here was vouchers. est. They dislike or fear market forces tax rates than the framers of North not to the state budget. It was to the So why do supposedly serious or are captive of the special interests Carolina’s income tax originally had Left’s credibility. CJ people claim that school vouchers are (mainly teacher unions) that thrive intended. a scheme designed to destroy public from the absence of competition. The Tax Fairness Act corrected John Hood is chairman of the education? No amount of information or some of the damage caused by such John Locke Foundation. Some are serious but entirely argument will persuade them. CJ PAGE 26 MAY 2015 | CAROLINA JOURNAL Opinion MEDIA MANGLE Intentionally Hurtful News Writing t’s not unusual for the media to be uninten- tionally insensitive. Sometimes in the rush of a deadline we write a headline or put some- thingI in a story that has effects we never predict- ed or anticipated. This happened to me once years ago when I had to write a news obit about a community leader who had died right on deadline. While he was a well-known community leader who had done many good things, he also had got- ten into some legal trouble about 20 years earlier. I mentioned that particular scrape with the law pretty high up in the obituary, and, boy, did the community reaction hit like a JON ton of bricks. “How dare you HAM mention something like that in a man’s obituary?” was the feeling they were com- municating to me, often in much harsher terms Inflation Not Running Away — Yet than that. t wasn’t supposed to happen this way. After eventually would jump. I learned a lesson then that I haven’t for- years of creating money out of thin air — a This time the Fed added a new ruffle to the gotten: Sometimes the outlook of news people unique ability the Federal Reserve has — we scenario, which — so far — has kept inflation at bay. doesn’t coincide with the outlook of the public Iwere supposed to be seeing significantly higher As usual, the Fed created new money and used the at large. I always weighed words more carefully after that. inflation by now. funds to purchase investments from banks. Then But there’s another journalistic tendency The Fed printed a lot of money to backstop the it made an offer to the banks that most couldn’t that has become all too common these days, and financial system and put a floor under the Great Re- refuse. If the banks deposited the new money with that’s the intentional use of hurtful news writing cession. Yet it has been long recognized that a price the Fed, the Fed would pay them interest for doing to punish someone whom the news outlet con- to be paid for this action would be higher inflation so. The interest rate wouldn’t be high, but it would siders a political enemy. That happened recently down the road. be risk-free. in the pages of Indy Week, the left-wing Durham- Even so, retail inflation — Banks bit at the deal. Deposits by banks at based alternative weekly formerly known as The covering everything consumers the Fed rose from a couple billion dollars to almost Independent. buy — has ranged between only $2 trillion! The policy allowed the Fed to stabilize On April 15 Indy Week reporter Jane Porter 1 percent and 2 percent annually the banking system during the financial crisis but wrote about a suicide in Stanly County, but she for the last four years. I know without creating the basis for substantially higher did it not to report the suicide to her readers. some people don’t trust govern- inflation. Some analysts have called this policy Rather, she wanted to imply that State. Rep. ment statistics. Yet private mea- “brilliant.” Larry Pittman, R-Cabarrus, was somehow com- sures of inflation, like the “Bil- However, the policy has had its downsides. plicit in the suicide of his son, Graham Pittman. lion Price Project” at MIT, which Rather than using the new money to make loans, She wrote: gathers prices from the Internet, banks have parked the money with the Fed. The Rep. Pittman has championed expanding shows annual inflation only MICHAEL policy may be one reason why getting a loan is still gun owner rights in the General Assembly and marginally higher. at between 2 WALDEN challenging and why the housing market — while during his campaigns for the District 82 House percent and 2 ½ percent. better — is wobbly in many areas. seat. How can this be? The late Of course, more of the money could leave the Pittman is the primary sponsor of a bill Nobel Prize-winning economist Milton Friedman Fed and “hit the street” if banks found better lend- filed Tuesday—the day after his son’s sui- described inflation as resulting from too many dol- ing opportunities with higher interest rates than cide—that would prohibit any local government lars chasing too few goods and services. As soon as those paid by the Fed. Still, the Fed could respond employees from enforcing federal firearms laws, Fed policymakers became convinced the recession by upping its interest rate paid to banks if signs of unless by court order. The bill, titled the Gun was here, they opened up the money spigot. Since higher inflation appeared. In fact, there are many Rights and Privacy Act, would also repeal local 2007, the Fed effectively has created several trillions options in the air being juggled by Federal Reserve prohibitions against carrying concealed weap- of new dollars, certainly qualifying for Friedman’s officials. ons, and would streamline the handgun permit while traveling across state lines and “to make chase scene. Some say the Fed has too many goals to rec- the purchase of a firearm more efficient.” But it hasn’t happened. Serious inflation is not oncile. Ever since the end of World War II, Congress Drawing spurious correlations is not here. Have the laws of economics fallen apart? Is the has told the Fed to pursue two objectives simultane- unusual in the agenda-pushing press, but this relationship between money and prices not what it ously — keeping both the inflation rate low and the particularly ghoulish example, published under used to be? Is there a reasonable explanation for this unemployment rate low. Some think that while this the headline “Suicide apparent in shooting death apparent contradiction? is doable in the long run, achieving both goals may of son of pro-gun rights N.C. Rep.” was one for Actually there is a simple explanation. Tra- not be possible over shorter periods of time. the books. ditionally when the Fed created money, it would So is inflation whipped? Not necessarily. The Maybe the sharp negative response that move that money into the economy by purchasing Fed may decide that economic growth and oppor- resulted taught Ms. Porter the same lesson I investments from banks. Banks would trade the in- tunities are still too limited, and sacrificing a little learned 25 years ago. But knowing the devolu- vestments for the new money, and then banks could more inflation to get more and better jobs is a trade tion of the left-wing media over the past 20 years, use that money as the basis for making loans to worth making. Would they be correct? CJ I seriously doubt it. CJ businesses and consumers. The loans would create new spending and new economic activity. But if the Michael Walden is a Reynolds Distinguished Jon Ham is a vice president of the John Locke money to loans to spending process got moving too Professor at N.C. State University. He does not speak for Foundation and publisher of Carolina Journal. fast, we would be in a Friedman situation and prices the university. MAY 2015 | CAROLINA JOURNAL PAGE 27 Opinion Religious Revolution at Top of the GOP here is an interesting and little- Rick Perry and Gov. Scott Walker of the short-lived English Republic in the gious cleavages in American politics noticed revolution going on at Wisconsin). The Republican ticket in 1650s, was a Puritan whose austere are no longer denominational. Al the elite levels of the national 2012 was Mormon-Catholic. All five religious beliefs helped ignite a resto- Smith and John Kennedy made the TRepublican Party. Whereas the party of the current Supreme Court justices ration of the monarchy. Democrats the party of Catholics, but was led by WASPs — essentially nominated by Republican presidents Our Founders took much of by 2004 John Kerry, a Catholic Demo- white, Anglo-Saxon Episcopalians are Catholic. The party’s congressional their inspiration from other figures crat, lost that voting bloc to a Bush. and Presbyterians with a few An- leaders are mainly Catholic or South- of the English Civil War, like James Instead Americans today derive their glicans, Methodists, and Lutherans ern Baptist. Even Jews, who have Harrington, and protagonists of the partisanship more from the extent to thrown in — it is historically supported Democrats in Glorious Revolution of 1688, like John which they are religious. Although the now dominated overwhelming numbers, have taken a Locke. Democrats consider themselves the by Catholics and seat at the party’s top table. Much of The French philosophers who diverse party, the array of religious Protestants who Republicans’ neoconservative foreign influenced our Founders had frequent belong to non- policy, for example, is attributable to run-ins with their nation’s established beliefs represented at the top of the mainline denomi- them. Catholic Church. Voltaire was openly Republican Party demonstrates it has nations, particu- Members of the old Republican antagonistic, and even the moderate a “big tent” character as well. larly the Southern dynasties like the Tafts, Rockefellers, Montesquieu believed mainstream The implications are not Baptist Conven- and Bushes were mainline Protestant. Protestantism, not his country’s Ca- as easy to discern. It does seem as tion or evangelical Ronald Reagan was Presbyterian. tholicism, was best-suited to republics though Republican candidates will groups. Ostensibly Even Sen. Barry Goldwater, the man and commercial success. All practiced continue to take often-unyielding po- unrelated to the ANDY who overthrew the party establish- a form of civil religion: a fundamental sitions on cultural and social issues to emergence of ideo- TAYLOR ment in 1964 claiming “extremism belief in God that bound a nation’s complement their small-government logical changes in in the defense of liberty is no vice” citizens through habits and institu- and more libertarian economic views. the GOP’s highest was Episcopalian. In fact, if anything tions. Edmund Burke, the vocal op- This might hurt them with younger ranks, this religious transformation is sums up the transformation best, it ponent of the French Revolution and and some more educated voters. The nonetheless important. is Jeb Bush’s conversion to his wife’s greatly admired in conservative circles prominence of Catholics will help The evidence is everywhere. Catholicism in 1995. Bush is surely the today, viewed religion similarly. Like court Hispanics, a dramatically ex- Look at the principal contenders for most patrician of the current crop of the Founders, he thought harmonious panding demographic that soon will the party’s 2016 presidential nomi- candidates. and productive societies were unified play a pivotal role in national elec- nation. Of the serious candidates, Mainline Protestants have by pervasive religious beliefs and in- tions. only Presbyterian Sen. Rand Paul of left an indelible mark on the party. In stitutions while they remained largely The end of WASP domination Kentucky and Anglican Ohio Gov. a country with separated church and pluralistic and tolerant on ecclesiasti- John Kasich attend the same kinds government, they are unassociated cal matters. may help shed the elitist image the of churches Republican leaders did with the state or centralized authority. What caused this transfor- GOP has in some quarters. Whether it traditionally. The rest of the group is The denominations traditionally have mation? The dramatic development proves to be a key to the White House made up of Catholics (like Gov. Chris embraced others of the party’s — and of the Republican Party in the South is a proposition that is likely to be Christie of New Jersey, Gov. Bobby American — core values like individu- explains the prominence of Baptists in tested next year. CJ Jindal of Louisiana, and Sen. Marco alism and capitalism. Throughout the its current leadership and a more open Rubio of Florida), Southern Baptists 17th and 18th centuries, Protestantism and horizontal structure — a function Andy Taylor is a Professor of (Sen. Ted Cruz of Texas, Sen. Lindsey stood for liberty against reactionary of primaries and other democratiz- Political Science in the School of Public Graham of South Carolina, and former and Catholic regimes. The Protestants ing reforms — has assisted Catholics and International Affairs at N.C. State Arkansas Gov. Mike Huckabee), and who went too far were evangelical. in infiltrating its highest ranks. What University. He does not speak for the evangelicals (like former Texas Gov. Oliver Cromwell, lord protectorate of does this signify? The biggest reli- university. Saying Goodbye to the Greatest Generation ast Dec. 7, my wife Karen and be their last trip to honor their fallen and other places around the globe. served in the Second World War, and I went to the National World comrades. During the ceremony They worked in factories helping to more than 400,00 service members War II Memorial in Washington, — when the national anthem was build planes, tanks, pontoon boats, died in battle. Today, according to the LD.C., to be a part played — several struggled to stand and ships. U.S. Department of Veterans Affairs, of the annual event and salute. The love and respect they At home they endured rationing only about 1.7 million are still alive. to remember the showed for their country and their and shortages. This was the genera- Of those, on average 555 veterans of attack on Pearl flag was real and inspiring. tion that listened and danced to Glenn World War II pass away each day. Harbor. These vets were part of the Miller, Tommy Dorsey, Frank Sinatra, Last year Greatest Generation that fought in Benny Goodman, Artie Shaw, Count Those statistics don’t include the service hon- the Pacific and defeated the Japanese Basie, and Duke Ellington. the women of the “Greatest Genera- ored 15 survivors imperial forces in places like Iwo They grew up in the Great De- tion” who are also leaving us. We are of the Japanese Jima, Guadalcanal, Bataan, Midway, pression, and they endured. In their lucky to be their sons and daughters, attack 73 years and Leyte Gulf, along with those who lifetimes they saw the invention of the their grandchildren, and their great- earlier. Twelve of landed at Normandy on D-Day and transistor radio, television, and the grandchildren. those survivors MARC liberated Europe from Hitler and atomic bomb, along with the Internet If you are fortunate enough to were from Austin, ROTTERMAN Mussolini. and the cell phone. have a member of the Greatest Gen- Texas, and had They all “did their part.” There They lived through the threat of eration still with you and in your arrived on an honor flight. These vets were very few slackers and little nuclear annihilation, the Iron Curtain, family, treasure the time you have. were between 91 and 95 years old. debate on the mission. Service to one’s the Korean War, the Cuban Missile Talk with them, and listen carefully to According to press stories, more country was a given. Many enlisted Crisis, and Vietnam, and watched an their stories. than 400 people gathered on the the day after the Japanese attack on American walk on the moon. Eventu- Or if you just happen to run into hallowed ground between the Wash- Pearl Harbor. They inherently under- ally they saw the Berlin Wall fall and ington Monument and the Lincoln stood good and evil. the Soviet empire collapse. one of the Greatest Generation, please Memorial for this fitting tribute to And like their brothers, hus- These same Americans came stop and thank them. And in your life, some of the “Greatest Generation.” It bands, and in some cases fathers, back from the war and went to work, try to honor their sacrifice and service.CJ was a very emotional ceremony, with America’s women heard the call to started families, and built the U.S. many of the veterans in wheelchairs. arms. They served in the military, as economy into the world’s economic Several of the World War II vets nurses or with the Red Cross, and as powerhouse. Marc Rotterman is a senior fellow remarked that it most likely would spies behind enemy lines in Europe More than 16 million Americans at the John Locke Foundation. PAGE 28 MAY 2015 | CAROLINA JOURNAL Parting Shot Kluttz Proposes Tax Credits for Historic-Car Restoration (a CJ parody)

By Stu D. Baker Kluttz issued a report titled “Eco- Automotive Correspondent nomic Impact of the Older Vehicle RALEIGH Preservation Act” that was prepared ven though the future of state by a team of N.C. State University pro- Historic Preservation Tax Cred- fessors who are not economists. The its for buildings remains unclear, report projected that the credit would EN.C. Cultural Resources Secretary Su- cost the state roughly $135 million san Kluttz announced a new plan to in tax revenues per year, but that the offer tax credits for the preservation of program would stimulate the overall older American-made vehicles. economy to the tune of $283 million “Historic old cars are just as im- annually. portant as historic old buildings in the The report also concluded that no economic development vision I have one would restore a “historic” vehicle for the state,” she said at a press con- without a financial incentive to do so, ference at the ABC Salvage Yard in the same reasoning used by the state to Smithfield. “My plan will be known as justify the tax credit on building reno- the 20th Century Vehicle Preservation Act, and it could save thousands of vations. vehicles from graveyards like the one “I can always count on N.C. State you see behind me. Old cars matter,” Carolina Journal obtained this flyer, which Cultural Resources plans to use to pro- to justify a new incentive. Those pro- she said. mote the new historic-automobile tax credit. (CJ spoof graphic) fessors can be very creative with their economic modeling,” she said. Kluttz has traveled the state dis- scrap yard. That policy was a joke,” senger vehicles to the indifference of Kluttz assured reporters that cussing the need to revive state tax she said. policymakers.” Gov. Pat McCrory would support the credits for the restoration of historic “North Carolina has a rich his- Under her plan, owners of auto- program even though she has not fi- buildings. “We are facing a crisis in Ra- tory, and North Carolinians value mobiles manufactured in the United leigh because the Historic Preservation that history and the people who came States during the 20th century would nalized the details. She also acknowl- Tax Credits for buildings were ended before us to make this state the great receive a refundable tax credit of at edged that no other state has launched last year,” she said. “There are Repub- place that it is. This must not be lost least 50 percent on all expenses associ- a similar program. licans in the legislature who just don’t as we grow and change. Ford Pintos, ated with restoring a vehicle to some- She said Obama’s plan to improve support incentives for the preservation Chevrolet Vegas, AMC Gremlins, and thing approximating original condi- relations with Cuba might also affect the of old things.” Plymouth Valiants cannot be forgot- tion. The 50 percent tax credit would used-car market in the United States. Kluttz said that President Barack ten,” she said. apply to vehicles between model years “Those Cubans have not had any Obama’s 2009 Cash for Clunkers “They are a tie to our past — to 1991 and 2000. A 60 percent credit new American cars since Fidel Cas- stimulus program failed to stimulate our ancestors who worked so hard for would be available for model years be- tro clamped down on imports in 1959. auto sales and it seriously depleted us so the future would be bright,” she tween 1981 and 1990; and a 70 percent There is no telling what will happen to our state’s inventory of old cars. “We added. “We are in danger of losing the credit would be available for vehicles the supply and demand for restored sent perfectly restorable vehicles to the first century of American-made pas- dated model year 1980 or older. American vehicles,” she said. CJ

We Have North Carolina Talking! THE NC SPIN NETWORK Every week, hundreds of thousands of North NC SPIN has been called ‘the most intelligent TELEVISION RADIO • WLOS Asheville, Sunday 5 am • Chapel Hill, WCHL-AM 1360, Sunday 6 pm Carolinians watch NC SPIN for a full, all-points half-hour on North Carolina TV’ and is consid- • WCCB Charlotte, Sunday 6:30 am • WXLV Greensboro/Triad, Sunday • Goldsboro, WGBR-AM 1150, Sunday 4 pm discussion of issues important to the state. Poli- ered required viewing for those who play the 7:30 am • Cable 7 Greenville, Sunday 10:30 • Greenville, WTIB-FM 94.3, Sunday 9:30 am tics • Schools • Growth • Taxes • Health Trans- political game in the Tar Heel State — whether am, Monday 9:30 pm, Wednesday portation • Businesss • The Environment they are in government, cover government, 6:30 pm, Thursday 9:30 pm, Friday • Jacksonville, WJNC-AM 1240, Sunday 10 am 9 pm want to be in government, or want to have the • WITN (7.1 & 7.2) Greenville/Wash- • Laurinburg, WLNC-AM 1300, Sunday 10 am ington/New Bern, Sunday 11 am A recent poll showed 48% of North Carolina ear of those in government. • WTBL Lenoir, Sunday 9 am, Monday • Morehead City, WTKF-FM 107.1, Sunday 10 am ‘influentials’ — including elected officials, lobby- 5:30 pm, Tuesday 12:30 pm • WRAL Raleigh-Durham, Sunday • Rocky Mount, WEED-AM 1390, Sunday, ists, journalists, and business leaders — watch If your company, trade association, or group 6:30 am 9:30 am • WRAL-DT Raleigh-Durham, Sunday NC SPIN, with 24% saying they watched the has a message you want political or business 6:30 am • Sanford, WWGP-AM 1050, Sunday 7:30 am • WRAZ “Fox 50” Raleigh-Durham, show ‘nearly every week.’ Thousands of North leaders to hear, NC SPIN’s statewide TV and Sunday 8:30 am • Smithfield, WTSB-AM 1090, Sunday 7:06 am Carolinians also visit NCSPIN.com and get the radio networks are the place for you to be! Call • WGSR-TV Reidsville, Saturday 7 am, 9 am, Sunday 12 pm, 10:30 pm • Statesville, WAME-AM 550, Sunday 5:30 am latest political news, rumors, and gossip from its Carolina Broadcasting (919-832-1416) for ad- • WNVN Roanoke Rapids, Sunday 10:00am • Valdese, WSVM-AM 1490, Monday 6 pm weekly newsletter “Spin Cycle.” vertising information about TV or radio. • WHIG Rocky Mount, Sunday 1:30 pm • Wanchese, WYND-FM 97.1, Sunday 7:30 am • Cable 10 Roxboro, Sunday 6 pm • WILM Wilmington, Sunday 5 am • Wilmington, WAAV-AM 980, Sunday 5:30 pm