INSIDE THIS ISSUE: ALSO: Tension: C A R O L I N A State’s teachers get extra personal day/9 Drought regulations Why are there so few black men in college?/12 and property Slope ordinances gather rights, 5 A MONTHLY JOURNAL OF NEWS, ANALYSIS AND OPINION steam in North Carolina/16 JOURNALFROM THE JOHN LOCKE FOUNDATION August 2008 Vol. 17. No. 8 STATEWIDE EDITION Check us out online at carolinajournal.com and johnlocke.org Environmental Agenda Gives Dark Green Hue To K-12 Instruction PAYING WITH PLASTIC Teacher-training courses also push ‘green’ view

By Karen McMahan Contributing Editor RALEIGH n analysis of the N.C. Standard Course of Study and support materials for grades K-12 shows a dark green trend. Activist environmentalism is Abeing interwoven into the curriculum, not just in earth or environmental science. A review of professional development programs for N.C. teachers shows a similar rise in the number of courses aimed at helping teachers integrate envi- ronmentalism into their pedagogy. Many of these courses educate teachers on how to N.C. lawmakers approve $875 million expose students to complex public-policy issues, such as population dynamics, sustainable development, carbon footprints, and biodiversity, and to encourage in debt unapproved by voters them to become agents of social change. North Carolina, like the rest of the nation, faces a By David N. Bass House, 97-20, and the Senate, 32- cuts and halts transfers out of the shortage of certified science teachers. In 2002, a National Associate Editor 14, July 8. The spending plan also Highway Trust Fund, it devotes Center for Education Statistics report found that 49 RALEIGH allots $42 million in corporate give- no money to the state’s rainy day percent of middle-school students in the United States orth Carolina’s fiscal 2008- aways and $15 million in dropout fund and comes $114 million short were taught science by teachers with little or no training 2009 budget, signed into prevention grants. It adds millions of meeting recurring expenses. in science, often meaning no degree in science. law July 15 by Gov. Mike in pork-barrel spending and funds “The biggest concern I’ve Since 1997, however, the Office of Environmental NEasley, contains a record $857 several environmental projects, heard expressed by individual Education, supported by the General Assembly, the million in nonvoter-approved among them a study on plastic members, and by citizens at large, EPA, and other organizations, has offered an environ- borrowing for capital construc- recycling in the state. has to do with the level of borrow- mental education certification program for teachers. tion projects, including an oyster Overall, state lawmakers ing that is contained in this bud- Across the state, there are 180 environmental educa- hatchery, horse park, and polar increased spending by 3 percent, get,” said Senate Minority Leader tion centers. bear exhibit. down from last year, when negotia- Phil Berger, an Eden Republican, The unauthorized debt is tors fattened the budget by three a small portion of the total $21.4 times that amount. Although the Continued as “Environmental,” Page 3 billion budget, which passed the budget includes unspecified tax Continued as “Lawmakers,” Page 2

Do you agree or disagree with the 80Supreme Court’s decision affirming DEPARTMENTS The John Locke Foundation NONPROFIT ORG. a person’s right to own a gun? 200 W. Morgan St., #200 U.S. POSTAGE Raleigh, NC 27601 PAID North Carolina 4 RALEIGH, NC Interview 8 PERMIT NO. 1766 Education 9 Higher Education 12 Agree 76 % Disagree 18 % Local Government 16 Not Sure 6 % Books & the Arts 20 Opinion 24 % RespondentsCivitas Institute in June Poll, Civitas July Institute 2008 Poll Parting Shot 28 PAGE  AUGUST 2008 | CAROLINA JOURNAL

C a r o l i n a Lawmakers Use COPs Ploy to Assume Debt

Continued from Page 1

Journal who voted against the budget. “We’ve heard a lot of talk about Richard Wagner how consumers have gotten in trouble Editor through practices that are employed by predatory lenders. I like to refer to Don Carrington the borrowing that’s taking place in Executive Editor this budget as predatory borrowing,” he said. David N. Bass, Mitch Kokai, In addition to using credit rather Michael Lowrey than cash to pay for the more than two Associate Editors dozen capital construction projects, bud- get negotiators earmarked $217 million Chad Adams, Roy Cordato, during the next two fiscal years for the Paige Holland Hamp, David Hartgen, Biomedical Research Imaging Center Sam A. Hieb, Lindalyn Kakadelis, at the University of North Carolina at From left, House Minority Leader Paul Stam, Senate Minority Leader Phil Berger, Rep. George Leef, Karen McMahan, Chapel Hill. The provision obligates Bill McGee, and Rep. Dale Folwell at a press conference on the budget. (CJ photo by David Karen Palasek, Susan Robinson, future sessions of the General Assembly N. Bass) Marc Rotterman, Mike Rouse, to devote the funds necessary to pay for of the debt service or we’ve going to see were closing their eyes to the financial Jim Stegall, George Stephens, the project. significant increases in taxes in order to hardships facing the state. Jeff Taylor, Michael Walden, cover the debt service,” Berger said. “Instead of expanding our balance Karen Welsh, Hal Young Charge it A smaller portion of the unau- sheets and income statements during Contributing Editors Most of the debt is made possible thorized debt — $107 million, obtained these bad economic times, the state through state-issued certificates of par- through two-thirds bonds that also do should be doing what every citizen in Clint Atkins, Laura Barringer, ticipation, a method of borrowing that not require voter approval — funds a North Carolina is having to do with their Katie Bethune, Hans Kist, new 172,000-square-foot office building own pocketbook, and that is contracting Geoff Lawrence, David Little, does not require legislators to obtain for DENR in downtown Raleigh, an ex- it to make it smaller,” he said. Michael Moore, Ford Ramsey, voter approval. Interest rates are higher Jessica Thompson compared with other forms of debt, such pansion of the N.C. Museum of Natural Less than half of Republicans in Editorial Interns as general obligation bonds. Sciences, and a parking deck. the House voted against the budget, That’s drawn opposition from and some praised the final version for Corporate welfare, pork back Published by some legislators. “We’re leaving our reducing transfers out of the Highway The John Locke Foundation citizens out when they are not given the Despite the additional debt service, Trust Fund by $25 million and putting 200 W. Morgan St., # 200 ability to vote for the general obligation budget crafters kept a tighter rein on the $700,000 in a tax relief reserve fund. Raleigh, N.C. 27601 and apply the full faith and credit of the state purse strings this year than in past “The upside of the budget is that (919) 828-3876 • Fax: 821-5117 state to those bonds,” said House Minor- sessions. Spending increased margin- the overall spending trend is down www.JohnLocke.org ity Whip Bill McGee, R-Forsyth. ally compared with the last fiscal year. considerably from what we have seen Other lawmakers see the new in- Legislators included an untargeted tax the Democrats do in recent years,” said Jon Ham debtedness differently. “The contractors relief fund and authorized an additional Rep. Nelson Dollar, R-Wake, who joined Vice President & Publisher are hungry, and the interest rates are $18.7 million in tax credits. 32 other House Republicans in voting low, and we have a big new group of The budget, however, still ear- for the budget. John Hood university students on the way,” House marks tens of millions of dollars in “There were no tax increases for Chairman & President Speaker Joe Hackney, D-Orange, told corporate welfare. The Job Develop- a change ... There is tax relief in there. The Associated ment Investment All those things are provisions that Bruce Babcock, Herb Berkowitz Press. “Together Grants Reserve Republicans have been working on this Charlie Carter, James Culbertson with the stimulus was the biggest- session, and we’re glad to see those in Jim Fulghum, Chuck Fuller effect, all that ar- ‘Certificates of ticket item at $15 there,” he said. Bill Graham, Robert Luddy gues in favor with million in fund- Among other items, the budget Assad Meymandi, Baker A. Mitchell Jr., going ahead.” participation’ ing. A combined contains a 3 percent pay increase for Carl Mumpower, J. Arthur Pope Most of the $9.5 million went public school teachers and a 2.75 percent, Tula Robbins, Thomas A. Roberg COPs went to allowed lawmakers to entities that or $1,100 raise, whichever is greater, for David Stover, Robert Stowe III finance construc- aim to attract in- state employees. Both were less than Ea- Andy Wells tion projects for to assume debt dustries to the sley requested in his budget proposal. Board of Directors universities and state, including The budget anticipates $385.5 mil- prisons. Among without voter OK the One North lion in net revenue from the state lottery Carolina Journal is a monthly journal a dozen smaller Carolina Fund for the new fiscal year, a slight increase of news, analysis, and commentary on state allocations, this and the Green from last year’s forecast. In addition, and local government and public policy issues year’s debt fi- Business Fund, legislators took $19.8 million from the in North Carolina. nancing included $50 million to help and $5 million to the Biofuels Center of Education Lottery Reserve Fund to ©2007 by The John Locke Foundation the Land for Tomorrow fund, operated North Carolina. maintain student-teacher ratios in the Inc. All opinions expressed in bylined articles by the Department of Environment Pork-barrel spending was back early elementary grades. are those of the authors and do not necessarily and Natural Resources, to buy land for as well. Budget crafters devoted $1.5 As in past sessions, some law- reflect the views of the editors of CJ or the conservation purposes. makers and open-government groups staff and board of the John Locke Foundation. million to the Charlotte culinary school The budget also finances $45 mil- complained about the budget-making Material published herein may be reprinted as Johnson & Wales University, state fund- lion for “new buildings and pavilions process, which they say lacks transpar- long as appropriate credit is given. Submis- ing for which was committed origi- and renovating existing buildings” at the nally in 2002 by disgraced former House ency and accountability. A handful of top sions and letters are welcome and should be lawmakers have final say on what goes directed to the editor. N.C. Museum of Art; $4.3 million for an Speaker Jim Black. Smaller amounts into the budget, and many members are CJ readers wanting more information oyster hatchery at the Center for Marine went to fund a Penderlea Homestead excluded from the process. between monthly issues can call 919-828-3876 Science at UNC-Wilmington; $2.4 mil- Museum in Willard, research on the 18th On June 26, House and Senate and ask for Carolina Journal Weekly Re- lion for a horse park in Rockingham century shipwreck of the Queen Anne’s port, delivered each weekend by e-mail, or visit County; $2.7 million for a polar bear Revenge, the Kids Voting program, and leaders barred a News & Observer of CarolinaJournal.com for news, links, and ex- exhibit at the N.C. Zoo; and $10 million the John Coltrane Music Hall in High Raleigh reporter from a budget negotia- clusive content updated each weekday. Those to install fire sprinklers in the residence Point. tions meeting. Senate Majority Leader interested in education, higher education, or halls of the UNC system. The spending and new indebt- Tony Rand, D-Cumberland, could local government should also ask to receive “That level of borrowing is going edness troubled Rep. Dale Folwell, not explain why the press would be weekly e-letters covering these issues. to create a situation where we’re either R-Forsyth, who called the budget “gen- excluded under the state’s open meet- going to have budget shortfalls because erational injustice” and said lawmakers ings law, the newspaper reported. CJ AUGUST 2008 | CAROLINA JOURNAL PAGE  Environmental Agenda Turns K-12 Curriculum Dark Green

Continued from Page 1 human settlement patterns based on photos of beaches, with the discussion The Office of Environmental Edu- to center around how human actions cation Web site touts its achievement modify the environment. in “providing significant input to the On Sci-Link, teachers can link to National Assessment for Education lesson plans, workshops, and other Progress 2009 Science Framework.” The resources aligned to the state Standard Web site says, “The original draft had Course of Study. Rain forest preserva- removed practically all of the environ- tion and biodiversity are central themes mental science content and environment in language arts, math, science, and education concept.” social studies courses. Teachers also While the performance of U.S. stu- help students learn to build a nature dents in science and math continues to trail or launch a Save Our Mountains fall further behind their global counter- campaign. parts and recently released preliminary The DPI Web site links to a set of results from No Child Left Behind tests educator role plays by NOVA, called show many Triangle schools failing to “World in the Balance” (www.pbs. meet federal standards, N.C. public org/wgbh/nova/worldbalance/role- schools are increasingly focusing on play/), that focus on population and social, gender, and eco-justice issues. global warming. Children take the The home page of the WorldLink, which produced a film being used in school curricula, role of Chinese government officials, Lack of cooperation says its goal is “inspiring global citizenship” and encouraging individuals and groups “to environmental activists, immigration actively participate in creating a sustainable future.” activists, and so forth, where they During the research for this article, debate and negotiate public-policy is- elementary, middle, and high schools vironmental education in N.C. public Candace Leverette, a geology, sues. In “Who Will Take the Heat,” the from Wake, Chapel Hill-Carrboro, Or- schools beginning five years ago. Gron- physics, microbiology, and forensics presupposition is that global warming ange, Guilford, Durham, and Charlotte- back, however, was reticent to accept teacher at Aycock Middle School in is caused by human factors and that by Mecklenburg were contacted. Of the 16 full credit, saying it was a team effort, Greensboro, said she focuses mainly on changing human-induced factors, the schools reached, three teachers agreed including Toben, who helped win sup- earth science. Aycock is a science and dangers will subside. to an interview. port from DPI to expand environmental technology magnet school. Leverette Students are told that while all Most school officials, after learn- science education in public schools. said she recently secured a $2,500 grant “richer, industrialized countries” are at ing the article would be about envi- WorldLink is the producer of to expand the school’s landscaping pro- fault, “people in the U.S. use more fossil- ronmental education in the schools, “Power Shift,” a video on renewable gram, one of several hands-on activities fuel energy per person than in any other asked specific details on the context of energy. Toben said about five years ago, they use to reinforce student learning. country.” They are also told that “all of the article and said their central office his organization gave more than 1,000 “We also invite local landscapers to talk the richer countries have democratically prohibited them from speaking to the free copies of the video to universities with the students,” Leverette said, “and elected governments whose leaders are media without permission from their and schools across the United States, we’ve taken students on trips to local focused on doing things that benefit public relations staff. No public relations including North Carolina, to educate rock quarries and visited caves to give voters today.” staff returned phone calls or e-mails. teachers and students about renewable, them more hands-on learning about Students are tasked with negotiat- Voice and e-mail messages for the N.C. clean energy. geology and science.” ing climate change agreements. They Department of Public Instruction’s WorldLink’s Web site states that The notion of teaching children also write position and research papers middle and secondary science section its audience is middle and high school that doing things for the environment, dealing with greenhouse gas emissions chief were not returned. teachers and students and that its pur- sacrificing personal freedom and com- and other issues related to global climate pose-mission is to cultivate “design fort, bearing greater economic hardship, change. having fewer chil- Hidden agendas scientists” who “think and act as global In another dren, and giving The growing focus on environmen- citizens” and who “influence social interesting link to the government talism is buried in a complicated maze change.” teacher develop- greater control Critics say of links on the DPI Web site, where one Gronback said she uses “Power ment and student over one’s life all can find the materials that teachers are Shift” in her classroom, and the state activities provid- for the greater teachers have using in the classroom. Standard Course of Study has a link ed by Tim Toben good is a consis- Supporters of environmental to the video in its support document of PowerShift, tent underlying moved from education believe it’s important to raise for earth-environmental science. When The Center for message in many asked whether she brings in speakers pedagogy to Education, Imag- awareness about climate change. Lynne of the materials or provides information about oppos- ination and the Gronback, an environmental science and resources, as ing views on the environmental debate, advocacy Natural World teacher at Cedar Ridge High School in is the notion that Gronback said her students make up at Timberlake Hillsborough, said it would “be unethi- nature is inher- Farm, a 165-acre cal not to have students learn environ- their own minds. ently more noble earth sanctuary, mental science, because it incorporates “It’s hard to get change unless you than mankind. in Whitsett, N.C., is also promoted by the all the sciences. Students have to breathe get people singing the same song loud NC Learn (http://www.learnnc. Office for Environmental Education. air, drink water, eat food, so they should enough,” Gronback said. org/scos/) provides curricular materials The Center draws on the philoso- consider how what they do impacts the Gronback volunteers with NC aligned to the N.C. Standard Course of environment.” Gronback said she took Green Power and is involved with Study for all grades. Clicking through phies of ecotheologian Thomas Berry her students on a field trip last year to the Environmental Education Fund, each of the grades and subjects, one can and Creation Spiritualist Matthew Fox an organic farm in Chapel Hill to learn an N.C. nonprofit that supports -envi find the learning objectives and associ- to teach children that the natural world about environmentally friendly farming ronmental education programs and a ated resources. In one example for K-1, is a sacred reality, not a commodity. Fox that used an integrated power system public environmental education cam- a related link suggests a lesson plan in is renowned for A.W.E., which stands and that had a low carbon footprint. paign. The Fund’s Web site states that which teachers introduce children to the for ancestral wisdom education. These “Environmental science demands it “monitors the need for these efforts notion of pet overpopulation in North views have their roots in ancient mysti- high cognition skills, and that’s what through surveys of the general public Carolina. Others discuss the disappear- cism, pantheism, and even Wicca, all of we want,” Gronback said. “In 2002, the and teachers.” ance of animal and plant species because which are earth-centered or a blend of state added earth-environmental science Tiffany Rich, an instructional re- of human overpopulation. earth/science-based philosophies. as a graduation requirement, one of few source teacher at Brier Creek Elementary National Geographic’s Xpedition While public school students states that require it,” Gronback said. School in Raleigh, said her school has link on NC Learn offers a number of do learn real science, the problem is Tim Toben of WorldLink (www. recycling programs and an energy sav- programs for teachers and students, that educators are moving beyond powershiftnow.org) credits Gronback ers program, among other resources, to one of which has children in grades one pedagogy into the realm of advo- as the architect and champion of en- teach children about the environment. through five drawing conclusions about cacy, critics say. CJ PAGE  AUGUST 2008 | CAROLINA JOURNAL NCSU Provost Says He Acted Alone in Hiring of Mary Easley processes are consistent with Board Conflict of interest guidelines,” Oblinger said. He said Ms. Easley’s new contract questions surround and salary and several other contracts will be reviewed at the next UNC sys- one trustee’s approval tem Board of Governors meeting Sept. 12. In the meantime, Nielsen said, Ms. By Don Carrington Easley continues to be paid at the rate Executive Editor of $90,000 a year. RALEIGH Since Ms. Easley’s position is con- he provost of NCSU says that he sidered an academic-year appointment, alone hired first lady Mary Easley she isn’t expected to work during the in 2005 and that he approved her summer. Nielsen said that she came to T88 percent pay raise to $170,000 a year work sometimes anyway and that a state July 1. Meanwhile, conflict-of-interest Provost Larry Nielsen First lady Mary Easley Trustee D. McQueen Campbell trooper always accompanied her. questions surround the involvement of the NCSU Board of Trustees chairman in 26 Nielsen approved a new position with Shortly after the meeting, NCSU About Campbell the approval of Ms. Easley’s raise. the title of lecturer. “The primary duties posted on its home Web page a statement Campbell, a 1993 graduate of The provost, Larry Nielsen, said will be to direct the university speaking from Nielsen regarding Ms. Easley. The NCSU, became a real estate broker in details that led to the hiring of Ms. Ea- program and to teach three courses per final paragraph stated, “The NC State 2000. A Charlotte Observer story in 2006 sley at North Carolina State University year in the College of Humanities and Board of Trustees has unanimously en- described him as a longtime friend and were unclear; he said he didn’t remem- Social Sciences and the College of Man- dorsed Mrs. Easley’s new position and campaign contributor of Easley’s. He ber whether anyone suggested he talk agement,” the job description said. compensation level, as has the Chancel- with her. Nielsen said the new position lor. President Bowles has said, ‘I join also introduced the governor to Can- After Ms. Easley’s raise became did not require a job study by a human the Board of Trustees in expressing my nonsgate, a Carteret County waterfront public, NCSU officials scrambled to resources professional. The job opening delight that Mrs. Easley will consider development. justify the action and acknowledged they was not advertised. “I saw a unique continuing her public service through In addition to running his Ra- had not been monitoring the approval opportunity for a unique individual,” her work at NC State. She will continue leigh-based company, Campbell Prop- process for large pay increases. he said. to be a tremendous asset for NC State erty Group, Campbell is the director of In addition, Carolina Journal’s Nielsen signed another form May in her expanded position and will bring acquisitions for a group of waterfront investigation of the matter reveals a 26 putting Ms. Easley in the new job at additional depth to an already strong development and financing companies potential conflict of interest. Because of a salary of $80,000 a year. Two years faculty and leadership team.’” headed by William G. (Gary) Allen, an his longtime friendship with Gov. Mike later Nielsen increased her salary to Oblinger has acknowledged that N.C. native who now lives in Florida. Easley, trustees chairman D. McQueen $90,000. NCSU had not been following the UNC Allen’s companies developed Can- Campbell appeared to have had a con- When asked who suggested that General Administration’s requirement nonsgate. flict of interest when he approved Ms. he consider Ms. Easley for a job, Nielsen for the NCSU Board of Trustees and the In 2006, when asked about his re- Easley’s job and 88 percent raise. said, “I can’t remember. I don’t recall.” Board of Governors to approve salary lationship with the governor, Campbell The governor appointed Campbell When asked whether it was Campbell, increases greater than 15 percent and told the Observer, “It’s pretty common to the Board of Trustees in 2001 and re- Nielsen said, “I don’t remember.” more than $10,000. “We believed we people are going to do business with appointed him in 2005. Campbell was When asked whether Campbell were using the right approach in the way people they know and trust. I don’t know elected chairman in 2007. had a role in the recent decision to raise we were handling fixed-term contracts,“ too many people who do business with Campbell played a key role in a Ms. Easley’s salary to $170,000 a year, he he said in a statement. their enemies.” 2005 real estate transaction in which the said Campbell had no role. “As an institution that prides itself According to the Observer, Cannon- Easleys purchased a Carteret County on doing things in the right way, we are sgate salespeople used the governor’s waterfront lot for $549,880. News reports Initial NCSU reaction embarrassed by this difference of inter- purchase to help market the other lots. later showed that the price the Easleys Carolina Journal Online published pretation and will take immediate steps Campbell did not return phone paid for the lot was significantly less the story about Ms. Easley’s pay increase to ensure that our contract approval calls for this story. CJ than comparable sales in the same de- July 2, and other media quickly picked velopment. One year after the purchase it up. The Board of Trustees conducted a county tax officials appraised the lot at regularly scheduled meeting July 8. $1.2 million. According to the minutes of the meeting: “Chair Campbell called the Transition to NCSU a mystery meeting to order at 4:05 p.m. He remind- Ms. Easley was employed at North ed all members of their duty to avoid Carolina Central University School of conflicts of interest and appearances of Law from August 1995 until August conflicts of interest under the State Gov- 2005. She was a part-time assistant ernment Ethics Act and inquired as to professor paid $74,428 for teaching two whether there were any known conflicts courses when she resigned. of interest or appearances of conflict with Nielsen said that before he be- respect to any matters coming before headliner series came interim provost in 2005 he had the Board at this meeting. Being none contemplated developing a “high-level” he called upon Assistant Secretary P. J. roy spencer ph.d (raleigh luncheon event) speaker series for NCSU. On June 27, Teal for the roll call.” 2005, the NCSU Board of Trustees re- After the open session business noon, SePt. 16, 2008, holiday inn BrownStone ported that Nielsen had been named was concluded, the board went into toPic: “climate change: how gloBal warming hySteria closed session to consider personnel permanent provost. leadS to Bad Science.” Nielsen said he met Ms. Easley appointments. Nielsen confirmed that on May 2, almost two months before Ms. Easley was discussed in the close his selection as provost. Documents session. Fred barnes (charlotte luncheon event) obtained by CJ show that Ms. Easley Nielsen said July 9 that he and noon, SePt. 18, 2008, the weStin charlotte sent her résumé by fax to Nielsen’s of- Chancellor James Oblinger met with toPic: “the 2008 electionS.” fice on that day. UNC System President Erskine Bowles Other documents show that Ms. to discuss Ms. Easley’s position and Easley was interviewed May 17. On May pay. Phone 919-828-3876 for ticket information AUGUST 2008 | CAROLINA JOURNAL PAGE  Drought Regulations Trouble Property-Rights Advocates New drought-response plan mandates restrictions, expands governor’s authority

By David N. Bass Associate Editor RALEIGH fter weeks of wrangling, state legislators in mid-July approved a scaled-down version of Gov. Mike Easley’s drought response plan that Abroadens executive authority over local water systems but stops short of letting local governments regulate private well owners. The final version, passed July 18 by the General Assembly and sent to Easley for his signature, still doesn’t sit well with opponents, who say the bill goes too far in expanding the state’s authority and will lead to more restrictions. “We’ve started down the slippery slope of regulating private wells,” said Rep. Mitch Gillespie, R-McDowell, shortly after the House voted, 68-36, to approve the bill. “They are going to continue to study the regulation of private wells, surface water, groundwater, and water supply. There are going to be A sense of urgency that some critics likened to panic took hold last fall when area reservoirs, such as Durham’s Lake more and more regulations coming.” Michie above, were down to a few weeks of water. (CJ file photo) Some say powers necessary Landowners could be affected, too, since the or revised before giving their stamp of approval. The bill allows municipalities to use private property to groundwater regulations were especially controversial Supporters said the drought measures, includ- connect water lines to another source without first and prompted an amendment clarifying that no part ing the governor’s expanded power, are necessary to obtaining a right of way. of the bill could be construed to allow the government combat future water shortages. “If we have a state- to tamper with private wells. wide emergency, we need to give authority to more Private water concerns “Luckily, we had enough folks stand up this time than just the local government … it makes sense to Rep. David Lewis, R-Harnett, proposed an to oppose the bill as it was written,” Gillespie said. have that enforcement ability,” said Rep. Verla Insko, amendment that would have “sunsetted” the gover- D-Orange. nor’s power by March 2009. Lewis had concerns about Property rights concerns Lobbyists for farm and groundwater associations the bill’s provision that allows the state to hook into took particular umbrage to a section of the bill that Opponents maintain that the restrictions fail a private water source during a drought emergency would have let local governments regulate private to address drought in a way that respects private and remove water for another area experiencing a wells. Sponsors removed the teeth of the provision by property rights. shortage. substituting language that directs the Environmental “In the end, local government did a fine job “It’s kind of like asking a farmer who has grown Review Commission to study the issue only. of managing their water supplies through the last crops to give up his crops by force so that others can The change didn’t go far enough for some eat,” he said. drought,” said Chad Adams, director of the Center for lawmakers. “There is still a lot that we simply don’t The amendment failed, 44-67, after Rep. Pryor Local Innovation. “A better solution would have been know,” said Rep. Nelson Dollar, a Wake County Re- Gibson, D-Anson, a cosponsor of the drought legisla- to recognize the simple concept of supply and demand. publican. tion, strongly opposed the proposed change during Conservation can be controlled by price much more “The bill has changed so many times, there have debate on the House floor. simply than burdensome and complicated regulations. been so many amendments that were put in and then “[This] completely defeats the whole purpose If water prices go up, usage goes down.” taken out, and we can’t get a clear and definite state- of the exercise we’ve been going through for the last Rep. Cullie Tarleton, D-Ashe, said he was disap- ment on private wells,” he said. “The concern is that year,” Gibson said. pointed that nothing in the bill addressed voluntary the camel’s nose is getting under the tent in some The bill also requires large water users to register water conservation. “That’s something we’ve got to shape, form or fashion.” their consumption with the Environmental Manage- get serious about,” he said. “I can’t quantify this, but During debate before the Senate passed the ment Commission no more than two months after the I bet if we get serious, we could achieve savings just bill, 36-9, Sen. Dan Clodfelter, D-Mecklenburg, tried initiation of a daily withdrawal of 100,000 gallons per to assure legislators that private wells would not be by promoting water conservation, and there is nothing day or more. Water users who withdraw 10,000 gallons regulated. “This bill does not make any changes in in this bill that does that.” or more per day could register voluntarily with the whatever the current lay may be about groundwater Other lawmakers pointed out that the bill does state and would receive preferential treatment in the supplies or private wells,” he said. not address increasing water supply through creating event of a water shortage emergency for doing so. new reservoirs or expanding existing sources. Dollar Broadened powers Lawmakers haggled particularly over one pro- said that the General Assembly should focus on the vision of the bill that requires local water systems to supply angle when it convenes next year. The new regulations streamline the drought man- craft drought response plans. Earlier language laid “When we come back in 2009 and we fix some agement process by boosting the governor’s executive out specific water-use reductions in times of extreme of the problems that we’re going to create by pass- authority and requiring local water systems to submit or exceptional drought, but the enacted version is ing this bill, we will [need] to focus on water supply water conservation plans to the state government. more vague and requires only tiered levels of water in North Carolina and finding ways to increase that Large water users are obligated to register with the conservation. without over-regulating private wells and getting into state and report their usage. Municipal violators face In the event of a drought emergency, the state up to $10,000 per month in fines. government can force local water systems to go to the people’s lives,” he said. Under the bill’s language, the governor could next tier of restrictions if doing so would minimize Gibson said there are some “fuzzy things” in the declare a “water shortage emergency” in drought- the drought’s impact on “public health, safety, and drought bill to encourage water supply, but it does ravaged areas of the state. Officials could impose the environment.” not address the issue directly. “I don’t believe this bill water-use rules and, if necessary, divert water from a Easley’s original drought response plan, an- is the avenue to address water allocation and water local water system with an excess supply of water to nounced at a press conference in March, contained a supply,” he said, adding that legislators would take the system experiencing the shortage. number of divisive elements that legislators removed a look at the issue in the future. CJ PAGE  AUGUST 2008 | CAROLINA JOURNAL North Carolina Lawmakers Dilute New ‘Devastating’ Stormwater Rules

By Mitch Kokai age to totally ignore the wishes of the Associate Editor public taxpayers who pay your salary RALEIGH and who will be paying your retire- tate lawmakers approved legisla- ment,” Zack Taylor wrote to Givens in tion in the closing days of this year’s an e-mail delivered the morning before session that diluted controversial the full Senate vote. Taylor is a New Bern Snew coastal stormwater rules. Leaders developer and publisher who opposes of the state’s 20 coastal counties had coastal stormwater rules. “Your dedi- protested the rules, calling them “dev- cation to ‘political science’ rather than astating” for coastal communities. trivial matters such as ‘truth and justice’ The Senate voted, 48-0, and the leaves a stench that smells far beyond House voted, 105-4, to approve Senate the halls of power in Raleigh.” Bill 1967. Supporters acknowledged “If I had known that the stakehold- that the bill represented a compromise. ers meeting was another ‘sham’ to give It generated little enthusiasm among the public and our representatives the people interested in coastal stormwater impression that everyone was equally issues. represented at the table, I would not “I wish I could tell you that every- have wasted my time and energy to body loves what they’ve come up with,” attend,” Taylor’s e-mail said. “Hope- said Sen. Dan Clodfelter, D-Mecklen- fully someday people like you and your burg. “They do not. It is one of the more partners-in-subversion will be replaced unloved bills that you’ll probably see Rules designed to limit pollution from coastal properties during stormwater runoff left by persons of character that will take this session, but by the same token, it’s few legislators or landowners completely satisfied. (CJ file photo) their fiduciary duties seriously, and a bill that … most of the folks who were some integrity will be restored to the protect coastal waters. The Environmen- but representatives of several counties participating in the working process at political system.” least think they can live with.” tal Management Commission adopted shared their grudging acceptance of the Clodfelter’s comments on the new rules in January, and the state’s compromise. Changing the EMC’s role? Senate floor echoed earlier discussion Rules Review Commission signed off A lobbyist working for 12 north- of the bill in the Senate’s Agriculture, on the proposed rules in March. eastern counties — Beaufort, Bertie, Debate over stormwater rules Environment, and Natural Resources Camden, Chowan, Currituck, Gates, could trigger a long-term change in the Committee. ‘Disapproving’ the rules Hertford, Hyde, Pasquotank, Perqui- relationship between the legislature and “I wish I could tell you that ev- Without legislative action, the new mans, Tyrrell, and Washington — of- the Environmental Management Com- erybody supported and was in favor Environmental Management Commis- fered a lukewarm endorsement. “We mission, if committee discussion about of this compromise,” said George Giv- sion rules would have taken effect when knew that the original rules would be the bill offers any clues. ens, the lawyer who leads the General the legislature adjourned. The bill was devastating,” said Henri McClees, who Lawmakers created the Environ- Assembly’s staff work on environmental designed to short-circuit that process. is also executive director of the Fisheries mental Management Commission and legislation. “Actually, the opposite is Sen. Julia Boseman, D-New Hanover, Development Foundation of N.C. “We charged it with adopting rules on a true. There’s hardly anybody that likes filed the original bill, and 23 colleagues are in support of this proposed com- wide range of environmental subjects, it entirely in every direction. It’s the best from both parties signed on to the mea- mittee substitute because substantial Givens said. “As time has gone on, I I have to offer.” sure. In its original form, it would have changes have been made.” think the practical effect of legislative The final version of the bill fol- simply overturned or “disapproved” Some opponents of coastal storm- review of rules is that the EMC has lowed a negotiation process that in- the EMC rule. water rules are still unhappy with the become an advisory body to the legis- volved more than 30 hours of public The Assembly could have decided compromise. “On behalf of the thou- lature, and in a real sense we’re their meetings from April to July. “I do respect to overturn the rule. Instead, the final sands of landowners in the 20 coastal final arbiters. It may be appropriate and think the General Assembly needs version of the legislation combined input counties of North Carolina, I want to to rethink the role of the EMC at some to take account of the hard work that’s from regulators, local government lead- commend you on your loyalty to the future time and in some future bill. But powers-that-be and for having the cour- been done to get to a point where at ers, developers, economic development this is not that bill.” CJ least if no one is entirely happy, at least officials, and environmental interests no one is entirely unhappy with where working through a Coastal Stormwater we’ve ended up,” Clodfelter said during Rules Working Group. the final Senate committee meeting on The Environmental Management the topic. “I think … that the [bill] does Commission’s proposed rule would move substantially in the direction of have reduced the amount of new de- some of the concerns raised by those velopment on land within a half-mile who had objections to the rules.” of the drainage area for shellfish waters. Objections first surfaced when the Current rules limit the “impervious,” N.C. Environmental Management Com- or hardened, surfaces in those areas mission voted earlier this year to add to 25 percent of the affected property. new requirements to the state Coastal The proposed rule would have cut Stormwater Rule. The nearly 20-year- that percentage to 12 percent. Outside headliner series old rule is designed to limit pollution that half-mile, permitted impervious linked to stormwater runoff in North surfaces would drop from 30 percent Carolina’s 20 coastal counties. to 24 percent. Michael barone (Winston-salem event) In 2005, staff with the N.C. Divi- New development also would noon, sePt. 24, 2008, Benton convention center sion of Water Quality “concluded that have faced new restrictions through a toPic: “the 2008 elections.” the existing Coastal Stormwater Rule larger “vegetative setback” requirement, was outdated and ineffective in provid- a smaller threshold for development that ing an adequate level of environmental triggers stormwater management, and protection to the coastal ecosystem,” new limits on the use of wetlands in lt. gen. thoMas Mcinerney, UsaF ret. according to a legislative staff summary calculating permitted development. fayetteville luncheon event, noon, sePt. 25, 2008 of the bill. The last version of the bill, known The state water-quality staffers de- as a proposed committee substitute, holiday-inn fayetteville-Bordeaux termined that stormwater runoff caused removed or diluted some of those toPic: “War on terrorism uPdate.” 90 percent of shellfish water closures. requirements. No one praised the Phone 919-828-3876 for ticket information They recommended updated rules to legislation during public meetings, AUGUST 2008 | CAROLINA JOURNAL PAGE  Washington

Ethics rules allow it NC Delegation Watch

Legislators Enjoy Privately Paid Travel Delegation lauds gun ruling N.C. congressional lawmak- By Hal Young and Democrats are not the only guests. Contributing Editor ers were quick to praise a recent The Nuclear Energy Institute spent decision by the U.S. Supreme RALEIGH The $35,320 to send former Rep. Richard Court striking down a 32-year-old orth Carolina’s congressional Burr, R-5th, on two weeklong trips to handgun ban in Washington, D.C. delegation and their families Federal visit French and Spanish nuclear fa- “The right to bear arms is a have taken 160 trips paid for cilities while he was a member of the basic, fundamental right in this Nby private individuals or organiza- File House Energy and Commerce Com- country. I’m glad the Supreme Court tions since 2000. The total cost of nearly mittee. Reps. Patrick McHenry, R-10th, made it clear that this right is guar- $600,000 ranges from $200 domestic Virginia Foxx, R-5th, and Robin Hayes, anteed to every individual citizen overnights to weeklong visits to Europe R-8th, have been guests of the American by the Second Amendment,” said and Asia that approach $20,000 per Israel Education Foundation. They each U.S. Rep. Patrick McHenry, R-N.C. member. averaged $11,453 to visit Tel Aviv. “Shame on the four justices who While such figures may be eye- One official who is not taking many blatantly disregarded the explicit popping to voters sweating at the gas trips is Sen. Elizabeth Dole. Her press text of our Constitution,” he said. pumps this summer, elected officials and secretary, Stuart Ramsey, said it was a The Supreme Court ruled, 5-4, private organizations say the practice is matter of priorities. “During breaks in June 26 that the district’s weapons legitimate and will continue. the Senate schedule,” Ramsey said, “Sen. ban was unconstitutional. The Ethics rules require members of Dole prefers to be in North Carolina court held that the Second Amend- Congress to file prompt disclosures of meeting with citizens, business leaders, ment guarantees an individual any travel paid for by private individuals and local officials and working directly right to possess a firearm for such or organizations. with her constituency to address the lawful purposes as self-defense. The new rules make a distinction and their expensive accommodations, most pressing issues facing our state.” Most N.C. members of Con- between “golf junkets with lobbyists,” reflect Aspen’s international outlook, Burr also, since his election to the gress applauded the ruling, in- as one congressman’s office described but they have made Aspen the largest Senate in 2004, has lightened his travel, cluding Rep. Heath Shuler, D-11th. it, and trips connected with official du- private contributor for travel on Capitol reporting only a single $327 trip to speak “Law-abiding Americans have ties, even if broader than the member’s Hill. The organization has invested $5.2 at a Lutheran pastors’ conference last a right to own firearms, whether it is committee assignments. million since 2000, outspending the sec- January. for the protection of themselves and Rep. Mel Watt, D-12th, has taken ond-largest contributor by two to one. Brian Darling of the Heritage their families, hunting, or collecting, 41 privately funded trips since 2002, the Aspen also accounts for $207,000 worth, Foundation said that senators have most of any N.C. member of Congress. or more than one-third, of the travel much less time than House members to or any other legal activity,” he said. Many of them functional, Watt’s travels taken by North Carolina’s delegation. travel. Darling, who is director of Senate Rep. Mel Watt, D-12th, also include a commencement address he Half of that was spent on a single relations for the conservative think tank, supported the ruling. “The opinion gave at Fisk Uni- congressman, said, “We are reasonably broad in who seems to confirm that, notwith- versity, a speak- Rep. David Price, we attempt to invite to these events, standing the fact that individuals ing engagement D-4th. Price has [but] it’s hard with senators because have the right to bear arms, there at the NAACP taken 11 trips on their schedules are so booked. We find are also limitations on that right,” national conven- Private groups Aspen’s tab, in- we have to ask quite a few, and get just Watt told the Charlotte Observer. tion, and numer- such as the cluding a $17,000 a handful.” Rep. Walter B. Jones, R-3rd, ous events with fact-finding trip House members attend most praised the ruling and said the the Congressional Aspen Institute to China in 2002 of their events, he said, because their district’s ban was both unconsti- Black Caucus. and a $14,000 schedules are more flexible. Heritage tutional and a policy failure. “The The Aspen have funded trek to London has sponsored Reps. Sue Myrick, R-9th, District of Columbia consistently Institute, a broad- and Berlin last Foxx, and McHenry for a total of 10 has one of the highest murder spectrum policy trips abroad for year. Other trips events since 2001, all but one of them rates in the nation,” he said. organization in many members reported as “fact in Baltimore and none of them more Washington, D.C. finding” took than $900. has funded sev- of Congress, Price to Hono- The new travel rules have not af- eral trips. Aspen’s lulu, Puerta Val- fected Heritage’s activities because Heri- Reps: Vote on coal bill president, Walter including several larta, and British tage is not engaged in lobbying, Darling A bill that would give govern- Isaacson, says on North Carolina Columbia. The said. “We have not seen an uptick nor a ment-sponsored loans to investors the organization’s cost of his As- downtick in our attendance” since the who try to turn coal into liquid forms Web site that As- representatives pen-funded trips rules took effect, he said. of energy got a boost in July from pen’s educational since 2001 totals Cox said Price not only supported five N.C. members of Congress. programs “offer a nearly $103,000. the new rules, he authored part of The representatives joined chance for restor- His press them. “The intent of the changes was more than 130 other lawmakers in ative reflection on secretary, Paul to eliminate golf junkets and time with signing a petition that aims to get the meaning of the good life, leadership, Cox, said that as a member of the lobbyists,” he said. “That’s a far cry from the House leadership to bring the and sound public policy.” House Appropriations subcommittee an academic exchange program, like bill, called the Coal Liquid Fuel Aspen’s conferences are often in on Homeland Security, Price “is always the Aspen trips. There’s a very wide Act, to the floor for a vote. Spon- exotic locales and frequently near re- interested in critical international rela- disparity.” sors need 218 signatures to force sorts. In one seven-month period, Aspen tions and diplomatic ties throughout the Price has not taken part in recent a vote on the measure, which has conducted a conference on educational world,” and that “meeting with foreign Aspen events, Cox said, because his du- been in committee since May 2007. reform in Cancun; an environmental leaders and learning what our govern- ties have “greatly increased.” As chair- “North Carolina families event in Lausanne, Switzerland; and a ment is doing in foreign countries” is man of the House Democracy Assistance would benefit from projects like conference on Brazil staged at Grand critical to that role. Committee, Price has traveled to hot coal to liquid, wind energy, new Exuma Island. Watt attended all three. Price wants other congressmen to spots in the Middle East — at govern- domestic oil supplies or solar power Rep. Bob Etheridge, D-2nd, partici- be “well-versed in the interests we have ment expense, rather than private. — anything that can reduce our pated in another educational conference throughout the world,” and finds the But Cox expressed Price’s appre- dependence on foreign sources of at Montego Bay, Jamaica, and an event Aspen Institute’s events on Capitol Hill ciation for The Aspen Institute’s efforts. oil and bring down the cost of gas,” to discuss the No Child Left Behind law, and abroad useful, Cox said. “He’s always on the lookout if there’s an said N.C. Rep. Virginia Foxx, R-5th, in San Juan, Puerto Rico. Aspen is not the only travel-spon- Aspen program that will help him serve a supporter of the measure. CJ The wide dispersal of locations, soring organization around the Capitol, better in Congress,” Cox said. CJ PAGE  AUGUST 2008 | CAROLINA JOURNAL Interview Morriss: ‘Regulation By Litigation’ Leaves Public Out of Process

ndrew Morriss, H. Ross and main problems is that what happens in Helen Workman professor of law the settlement of these lawsuits is that and professor of business at the people agree to things that are done out- AUniversity of Illinois, recently discussed side the regulatory process. So when the the concept of “regulation by litigation” state of North Carolina issues a regula- in a Raleigh speech. He also discussed tion, or if the federal government issues the topic with Mitch Kokai for Carolina a regulation, there is a period for public Journal Radio. (Go to http://www. comment. And the public can comment, carolinajournal.com/cjradio/ to find a and then if the state agency doesn’t pay station near you or to learn about the attention to those comments people can weekly CJ Radio podcast.) sue and say you didn’t consider impor- tant information. That doesn’t happen Kokai: First of all, what is this all in settlements. In fact, what we found is about? “Regulation by Litigation”? What that in a number of settlements people does that mean? tried to make comments. One of the other examples we look at in the book Morriss: Well, everybody knows is at the EPA’s regulation of heavy-duty what regulation is. Regulation is usually diesel engines. And EPA required the when the government issues a rule, or engine manufacturers to dramatically Congress passes a statute, or the state change their engines. Well, the people legislature passes a law that tells people who make trucks tried to comment on what they have to do in the future. it, and the judge ruled they didn’t have Regulation by litigation comes about any standing to comment on the thing. when some entity — whether it is a So they were kept out of the process. If government agency or private lawyers the EPA had issued a rule, their views — uses a lawsuit to accomplish the same University of Illinois professor Andrew Morriss discusses “regulation by litigation” during would have had to be taken into account. things. In other words, they get people his Carolina Journal Radio interview. (CJ photo by Mitch Kokai) But because it was done through litiga- to change their behavior in the future tion they were shut out. based on settling a lawsuit today. their market. If you can’t buy beer at the very well — largely in suing asbestos liquor store, you are more likely to buy it companies — and so had a lot of money Kokai: Why would we be better Kokai: And I understand that part from the bootlegger. The Baptists are in and familiarity with lung disease. [They] off if this public process, flawed as it of this is the threat that if you don’t settle favor of it because they don’t like people sued on behalf of the states, arguing that this lawsuit there is going to be some might be, is the one followed and not selling liquor. So the bootleggers and tobacco has caused individuals to get this regulation by litigation? catastrophic loss. Baptists get together, not explicitly but sick, and those people have then gotten implicitly, and get the state legislature to state benefits, and so the states had to Morriss: Exactly. So the way to Morriss: Well, there are … three pass the Sunday closing law. In regula- pay money for this. You say, “Okay, well, things that are better off. Lawyers always think about this is usually what happens tion, what this means generally is that tobacco clearly is a dangerous product. think in threes. So I will come up with is we threaten an industry with some- somebody with a financial interest who Why not? Why shouldn’t the tobacco three. One is that there is some value to thing so terrible that they agree to change can’t explicitly go out and argue for a companies pay for the harm they did?” the public having an opportunity to par- their behavior in the future to settle the law, say, that transfers wealth to them, lawsuit. Now people might say, “Well, The problem is that the structure of the ticipate. That is what makes government will hook up with somebody who has settlement they worked out with the why do I care about that? Why not? If a high moral purpose — pursuing the action legitimate. Now we may not like tobacco companies was to essentially the industry is doing something bad, public interest — and get a law passed what government does sometimes, but increase the price of tobacco in the future. let’s make them change their behavior.” or a regulation issued or in our case a at least if there is a public process then It wasn’t to pay a tort damage … like you And the problem is that when Congress settlement of a lawsuit that does exactly the public has had a chance to participate passes a statute or an agency issues a rule, that. So it looks to the outside world like would pay if you ran somebody over and it is a legitimate process. And if you we have means for the public to partici- it has a high moral purpose, but in fact with your car; you would have to write don’t like it you can throw the rascals out. pate in that. Those means aren’t perfect, it advances private interest. them a check. But it was essentially to So … some actor is politically account- and we get statutes we shouldn’t have pass a tax on cigarettes. Now we know able. In this litigation, it is some lawyer, sometimes or rules that we shouldn’t Kokai: And in your work you how to pass taxes on cigarettes. We get at an agency, you know, a lawyer from a have. But there aren’t any means for the have extended this beyond the initial the state legislature to pass a tax. In this company settling the case. And there is public to participate in regulation that concept from the ’80s of bootleggers and case, the state legislature didn’t pass a really nobody to vote out of office. is done through litigation, and indeed Baptists to add another category. What tax. But, in fact, there was a tax increase The second problem is that we find agencies and state government officials is that category? nonetheless. And that funded hundreds that the constitutional structures that we and even private actors use litigation to of millions of dollars being transferred have to create accountability get short- escape the constraints that our state and Morriss: Okay, we continue with to states, from smokers as well as to circuited. So in the tobacco case state federal Constitution put on governments the metaphor. We added “televange- the plaintiffs’ attorneys who brought attorneys general who do not have the to try to control the areas in which they lists,” and specifically we did it looking the suits, and through them through authority to raise taxes ended up raising regulate. at the regulation of tobacco through campaign contributions to the state at- taxes. That is not their job. And then the litigation. And the televangelists in the torneys general. third problem is that, particularly in the Kokai: Among those who are us- analogy are … Well, the bootleggers are tobacco case, we ended up funding a ing this process are groups that have the tobacco companies. The Baptists are Kokai: Some people may hear that group of very wealthy plaintiffs’ lawyers been called, I understand, “bootleggers and say, “Well, you know, I can see the who now have taken their money from and Baptists.” And in your work, you the public health groups and public result and don’t have much of a problem the tobacco suits — which was sort of add “televangelists.” What is this all health regulators like the FDA. And then with that. Maybe it’s a good case of these like hitting Fort Knox — and gone out about? the televangelists are the state attorneys general and the private lawyers who means — sort of questionable — leading in an entrepreneurial way and invested to good ends.” One of the things that Morriss: Well, my co-author, Bruce worked with them to sue all the tobacco it in suing other people. So they are us- Yandle of Clemson University, came companies in the ’90s. you point out in some articles on this ing that money to fund lawsuits against up with the “Bootleggers and Baptists” topic is that the people who really get the fast food industry, against the gun theory back in the ’80s in Regulation Kokai: Why is this a bad idea? cut out of this process are members of industry, against all sorts of stuff, try- magazine. And the “Bootleggers and the public: just normal taxpayers who ing to extend their ability to influence Baptists” theory boils down to this: if Morriss: Well, the tobacco case is are not getting to play a role when these public policy. They are unaccountable you think about Sunday closing laws a good example of this. So in the tobacco bootleggers, Baptists, and televangelists to anybody, and they are funded in where liquor stores have to be closed on case the state attorneys general sued the are all doing their deals. perpetuity by the settlement from the Sunday, the bootleggers are in favor of tobacco companies with the assistance tobacco cases. So that is, again, an Sunday closing laws because it increases of some private lawyers who had done Morriss: That’s right. So one of the anti-democratic step. CJ AUGUST 2008 | CAROLINA JOURNAL PAGE 

Teachers Rack Up Extra COMMENTARY Personal Day Plus Raise A Cacophony By Jim Stegall Teachers taking more than one per- Contributing Editor sonal day — two are earned each year, Of Coaches RALEIGH and teachers may accumulate up to five n addition to raising teachers’ salaries — will still have to pay $50 for each of ave you noticed that North but offer “on-site support to help by 3 percent, the General Assembly the subsequent personal days. Carolina’s public schools guide school leadership in develop- will pay teachers not to teach, at least Or maybe they won’t. Another have more coaches now ing school improvement plans.” Ifor one more day than usual this coming change in the law this year eliminates Hthan ever before? I am not talking Data coaches are individuals school year. the substitute fee for teachers taking about football or debate coaches. that would “help school systems A provision in the budget permits personal days on certain teacher work- Rather, state education leaders to use test data to improve student teachers to take a regular school day days. The sponsor of the measure, Rep. have begun to use the term “coach” performance.” Using test data to off with full pay, with the state and the Tricia Cotham, D-Mecklenburg, told a instead of the word “consultant,” improve student performance is a local district picking up the tab for the House committee considering the bill because the latter evokes bad vibes good idea, but teachers, adminis- teachers’ substitutes. This comes only that since students do not attend school among teachers and school adminis- trators, and guidance counselors two years after a change in the school on teacher workdays, substitutes are not trators. Regardless of what you call should be doing this already. The calendar law that, in effect, gave teachers needed, so teachers shouldn’t have to them, these coaches are simply run- State Board of Education requested five days off with pay, and is in addition pay for them. of-the-mill bureaucrats dispatched $2.3 million for data coaches, but, to the minimum of 10 annual leave days Between the budget provision and from high command to do the state’s fortunately, the state legislature will each teacher automatically gets. Cotham’s bill, a teacher may take both bidding. not fund data coach positions in this Until now teachers have earned personal days he or she earns during the As we would expect, North year’s budget. two personal days each year that they year, and any others he or she may have Carolina’s education In late April, a could use almost accumulated in establishment has taken legislative commission on any time and prior years, at the coaching fad to the dropout prevention rec- for any reason, full salary, with- next, rather absurd, level. ommended spending mil- but there was a Budget provision out paying any- North Carolina’s public lions of taxpayer dollars catch: They were thing, as long school system boasts at on graduation coaches. A required to pay allows teachers as only one of least a dozen different graduation coach would a fee of $50 each to take personal them is taken on kinds of coaches, and simply do the job that time they used a regular school most do not conduct any we expect teachers and one. The so-called day off without day, and the oth- classroom instruction. guidance counselors to do “substitute fee” ers are taken on According to a recent — talk to parents about provided school having to pay teacher work- Journal of Staff Develop- their child’s progress and districts with a for substitute days. ment article, the coaches TERRY make sure that students source of funds Rules gov- “work alongside teachers STOOPS under their care take the to offset partially teacher erning teachers’ to ensure instruction is right courses. The idea the cost of hir- time off are com- targeted to meet stu- has strong support among ing a substitute plex and often dents’ needs, is aligned state education leaders, but teacher. poorly under- with the district curriculum, and currently, there is little legislative Under the arrangement, even the stood, even by teachers. In addition to helps produce the desired student support for graduation coaches. lowest-paid teachers still made nearly personal days, teachers also earn sick learning outcomes.” In other words, Finally, there are a number of $100 for a day of not teaching. On the leave, bereavement leave, and annual coaches attempt to do the job that other kinds of coaches, many who other hand, school districts lose money leave. However, annual leave days may teachers and administrators should serve state and federal programs. when teachers take personal days, not be taken on days when students are have been doing in the first place. These include reading coaches because pay for even the lowest-paid present, so school districts include 10 Over the past two years, the (Reading First), life coaches (state substitutes costs more than $50; most days in their yearly calendars, which are state has spent millions to create dropout prevention grant), school earn more than $100 per day. usually lumped around holidays when “21st Century Literacy Coach” posi- change coaches (Learn and Earn/ The change to the rules on per- schools are closed, to allow teachers to tions. Literacy coaches attempt to Early College high schools), Positive sonal days was included in the budget use these annual leave days. There are do what teacher education schools Behavior Support coaches, and Na- in response to a campaign by the North also restrictions on when sick leave may did not or would not do — they tional Board Certification coaches. Carolina Association of Educators, the be used; however, anecdotal evidence teach teachers how to teach reading. There are even coaches that teach state’s largest teachers union, which revealed in last year’s hearings on per- One may wonder, as I do, how an the coaches how to coach! represents about 40,000 classroom teach- sonal leave suggests that enforcement elementary or middle-school teacher According to state data, the ers. Last year NCAE lobbyists tried to of the rules varies widely from district could graduate with a degree in number of consultants at the school persuade legislators to allow teachers to district. education and teach in our schools district level alone has doubled over to take two personal days at full pay, Leanne Winner of the School without knowing how properly to the last 10 years and approaches without having to contribute toward Boards Association said she thinks teach children to read. 1,300 statewide. The growing num- the cost of substitutes. That effort failed the leave system has become need- Low-performing schools and ber of consultants and coaches is a when lawmakers realized the proposed lessly complicated and unwieldy. Her school districts can expect a visit by symptom of an education establish- legislation did not set aside any money organization wants the legislature to one or more leadership, transforma- ment that has not come to terms to help districts cover the loss of fee quit tinkering with it and overhaul it tion, or instructional coach. Depart- with North Carolina’s dysfunctional income. permanently. ment of Public Instruction officials public schools and dreadful schools This year the union tried a different “Over the last few years we have say a leadership coach “coordinates of education. Indeed, coaches are approach. NCAE lobbyists persuaded seen a number of pieces of legisla- coaching and service delivery for simply another way that the state’s budget writers to include a provision tion introduced that would modify or 3-4 high needs districts and ser- education establishment feigns in- allocating $5 million to reimburse lo- add additional leave,” she said. “As a vice delivery for a transformation novation and reinforces the status school.” District transformation and quo. CJ cal school systems for the loss of the state that already has more categories school transformation coaches do fee. Under the terms of that provision, of leave for teachers than most states, the same incomprehensible activi- each of the state’s 100,000 teachers will we believe it is time for the General ties at their respective levels. On the Terry Stoops is an education be able to take one personal day at full Assembly to have a comprehensive other hand, instructional coaches policy analyst at the John Locke Foun- salary this school year without having study of all leave policies instead of this work with low-performing schools dation. to pay the fee. piecemeal approach.” CJ PAGE 10 AUGUST 2008 | CAROLINA JOURNAL

School Reform Notes Administered by NC DPI 35 schools left behind Program Excludes Nonpublic Students At least 35 Triangle public schools will face federal punishment By John Calvin Young states that run an AP Test Fee program, 31 of them specifically for not meeting tougher No Child Contributing Editor cover both public and private students, and several more do Left Behind testing requirements, RALEIGH not discriminate between the different types of institutions. The News & Observer of Raleigh reports. he N.C. Department of Public Instruction received Texas will cover $30 per exam for all high school students, Based on preliminary results $229,180 this year under a federal grant program to and an additional $18 for those who qualify for the College released July 21, more than half of subsidize test fees for low-income students, including Board fee reduction, bringing the cost to a low-income student Triangle schools didn’t have enough Tthose in nonpublic schools. But the DPI-administered program to $6. Utah specifically includes private school and charter students passing state exams this does not include private or homeschool students among the students in its program. past school year. At schools receiv- 3,000 students expected to receive aid. “In New York, for all federal monies, we cover both ing federal Title I funding to help The program is meant to encourage students to take public and non-public students. It is a policy of ours,” Daley low-income students, consequences Advanced Placement tests and obtain college credit for high said. Additionally, as the federal funds are distributed un- include letting students transfer school courses, reducing the time and cost required to com- der a “supplement, not supplant” requirement, nonfederal out and providing paid tutoring plete a postsecondary degree. funds allotted before the federal grant was received can be services to children. The Advanced Placement Testing Program provides only added to, not replaced. In some states, this translates to “It’s draconian to hold back a assistance for high school stu- an extension of the program school because one subgroup didn’t dents concerned with college beyond the federal standard, make it,” said David Holdzkom, costs, or with simply getting covering a single AP exam the Wake school system’s assistant into college. For $84 a test ($76 for all students of whatever superintendent for evaluation and for the test and processing income level, or covering all research. charges, and an $8 administra- AP exams for some students A record 14 Wake elementary tive fee to the testing center), that do not meet the College schools will face sanctions. At least high school students who pass Board criteria. 14 schools in Durham, four in John- an AP exam in a given subject In North Carolina, ston County, and three in Chapel can usually get college credit though, the availability of the Hill-Carrboro also face corrective for the class, as well as regular fee reduction for low-income measures. high school credit. students is more limited. As The numbers could rise in The AP Program does administered by DPI, the the Triangle depending on state more than just allow high grant applies only to public reading results for elementary and school students to accumu- school students. Private, pa- middle schools that will be released late college credit, however. rochial, and homeschool stu- in November. The test results re- College admissions officials dents are on their own when leased July 21 covered math scores typically look at AP exam it comes to AP exam fees. The in elementary and middle schools scores to judge the quality of College Board fee reduction and both reading and math scores a high school’s college pre- is open to all, but the federal in high schools. paratory program, and to as- funds are unavailable to N.C. sess the individual student’s students not enrolled in the ability to handle college-level public schools, despite the Students get e-mail access material. fact that many nonpublic stu- As a result, an increasing dents are taking, and paying All students in Guilford number of students take AP for, their AP exams at local County schools will receive e-mail exams. For those targeting the public high schools. addresses this school year, a move more competitive schools, AP Wandra Polk, director educators say will create more tech- exams have become a virtual of K-12 Curriculum at DPI, savvy students but that has some necessity. At UNC-Chapel said the distribution is a parents asking questions, the News Hill, 80 percent of the fresh- simple matter of jurisdiction. & Record of Greensboro reports. man class submit AP exam “We do not administer grants The initiative is aimed at scores, and 50 percent has for nonpublic education,” providing an efficient means of completed five or more AP she said. N.C. high school communication for older students courses. Sixty percent of N.C. guidance counselors are ad- and a way to teach younger students State University’s freshman ministering other fee waiver about e-mail and the Internet. class submits AP exam scores. and grant programs for nonpublic students, however. The Mark Jewell, president of the Because of the increasing importance of AP exams to College Board offers two free administrations of the SAT for Guilford County Association of college-bound students, the College Board, the organization low-income students upon verification of their paperwork Educators, said he likes the plan, that prepares and administers the SAT and AP exams, has a by the local school guidance counselor. DPI administers an- which he said to his knowledge is program of fee reductions for low-income students. If a family other federal program of grants to provide speech therapy the first of its kind in the state. fits one of the “low-income” definitions (income under 150 and other services for special-needs students, public and David Graves, who teaches percent of the poverty level, for example), the College Board private alike. at Dudley High School, said it’s waives $22 of its fee and requests the testing center to forgo its Many nonpublic students actually take their examina- essential that today’s students be $8 administrative fee, reducing the cost of the exam to $54. tions at a local public high school. Most states have the guid- comfortable with technology, and The U.S. Department of Education decided that reduc- ance counselor determine eligibility for low-income students having the accounts also makes it tion of the costs was insufficient. It created a program in 2005 and mark the number of exams taken under the College Board easier for students and teachers to to cover the remaining $54 of the AP exam costs for low-income fee waiver, and College Board bills the state directly, which communicate. students. For fiscal 2007, $12 million was budgeted for the then disburses the required funds from the federal award. Graves, who teaches computer program, of which $9.23 million was awarded to the states. N.C. guidance counselors are already handling the College classes, said he already encourages According to Mary Daley, coordinator of the fee-reduc- Board fee waiver requests of nonpublic students and are col- students to set up e-mail accounts, tion program in New York, the program “has made a big lecting their fees for the exams. which he uses to send grades and difference in New York, particularly in our urban and rural When asked whether it would involve any more homework assignments and to areas…our Appalachian counties, and our five big cities.” paperwork for him if nonpublic students were in- let them know what they missed As part of the application, the state educational author- cluded in the fee waiver program, Ron Speier, guid- when they are absent. CJ ity must present its plan for the use of the funds, including ance counselor and AP coordinator at Smithfield-Selma the categories of students eligible for the grant. Out of the 45 High School, said it would not. CJ AUGUST 2008 | CAROLINA JOURNAL PAGE 11 Definitions Stall School Bullying Bill in General Assembly

By Michael Lowrey year for bullying. the different definitions, approaches, The slight revision in language Associate Editor An even more noticeable uptick in and requirements that different states was not enough to get the Senate to go RALEIGH interest exists in academic circles. Lim- have taken. along. Though being placed on the Sen- he General Assembly failed to pass ber and Snyder noted that the PsycInfo Exactly how North Carolina ate calendar, the conference report never a bill on school bullying in the sum- database of psychological literature from should define bullying is at the core of came up for a vote before the Assembly mer session, with the Senate un- the 1800s to the present contains very the debate over House Bill 1366, which adjourned for the year. Twilling to adopt a definition of bullying little work on bullying in the early 1990s. would have required each school district “I do not support any language built upon a long list of characteristics By 1998 academic interest had grown to adopt a policy prohibiting bullying in the bill that attempts to provide ad- including “masculinity,” “femininity,” somewhat, with and harassment. ditional protection for gender identity and “sexual orientation.” about 50 articles In the ver- or expression, or sexual orientation,” While bullying is not new behavior, on the subject sion of the bill said Senate Minority Leader Phil Berger, interest in it has increased dramatically published dur- The Senate wanted passed by the R-Rockingham. in the past few years in part in response ing the year. More House last year, Berger noted that many North to a number of shootings at high schools than 100 articles a much simpler this was includ- Carolinians might find the law inappro- across the country in which the assailant where published ed: priate, as it not only expressly approved had previously been bullied or threat- on bullying dur- definition than “Bullying of these groups but deemed them to be ened. The most notorious of the incidents ing 2002. From or harassing be- worthy of special protection. was at Columbine High School in Colo- 2004 through the House bill havior includes, “There’s a certain irony in the idea rado in 1999 when two students killed 12 2006, at least 150 offered but is not limited that members of the General Assembly of their classmates and a teacher before academic articles to, acts reason- will endorse legislation that provides the gunmen committed suicide. on the topic were ably perceived as special protection for sexual orientation, In a presentation to the Bullying published each being motivated and yet they refuse to move forward on Prevention Institute in Hershey, Pa. in year. by any actual or a bill to protect traditional marriage,” October, Susan P. Limber and Marlene State laws on bullying have also perceived characteristic, such as race, Berger said at a press conference before Snyder of the Olweus Bullying Preven- grown dramatically, from no states hav- color, religion, ancestry, national origin, House Bill 1366’s defeat was clear. tion Program at Clemson University, ing such a provision in 1999, to 10 states gender, gender identity or expression, “My belief is that any bill to ad- outlined the increased interest in bully- in 2001, 25 states in 2006, and 34 states as physical appearance, sexual orientation, dress ‘bullying’ should apply equally ing in academia, the news media, and of last year. But that doesn’t mean that all or mental, physical, or sensory disability, to protect all students,” he said. public policy circles. these various state provisions are identi- or by association with a person who has Attempts to get the Senate to Lexus/Nexus citations of bullying cal. The U.S. Department of Health and or is perceived to have one or more of approve a definition of bullying that never reached 300 for any year from 1996 Human Services’ Health Resources and these characteristics.” to 2000. From 2001 through 2005, though, Service Administration’s pamphlet on The Senate refused to go along with included characteristics were also under- there were more than 500 citations per state laws relating to bullying highlights the long list of characteristics, opting cut by comments made by Howard Lee, instead for a simpler definition of bul- chairman of the State Board of Education, lying as that which: to the The News & Observer of Raleigh. “Creates or is certain to create a “Bullying is bullying,” Lee said to the hostile environment by substantially newspaper. “I don’t care who it’s against interfering with or impairing a student’s and under what circumstances.” educational performance, opportunities, The State Board of Education or benefits.” went through a similar debate four A conference committee largely years ago, with staff suggesting a bul- adopted the House language, replac- lying policy that referenced sexual ing “gender identity or expression” orientation, political beliefs, age, and with “masculinity, femininity” while socioeconomic status among others as also adding “socioeconomic status” possible reasons for bullying. The board and “academic status” to the list of ultimately adopted a policy without characteristics. mentioning characteristics. CJ PAGE 12 AUGUST 2008 | CAROLINA JOURNAL

Campus Briefs Franklin Symposium

his time of year, rising college Panel’s Focus: Lack of Black Males on Campus freshmen are choosing classes and preparing to leave par- By Jane S. Shaw Tents behind to enter the collegiate Contributing Editor world. They might be getting their RALEIGH first tastes of the campus culture via frican-American males are few and far between on summer reading selections. Making college campuses. Among those who do arrive, not the right decisions this summer can many are graduating. That problem was the underly- help them in the years to come. Aing theme of the John Hope Franklin Symposium conducted The Pope Center has come up at Duke University in late June. Sponsored by the magazine with a way to make that process Diverse Issues in Higher Education, the symposium is con- easier. Just like college freshmen and ducted annually in honor of Franklin, historian and professor their parents, we are troubled by the emeritus at Duke. rising costs of college, by too many Unfortunately, only cautious and piecemeal solutions lightweight courses, by the ideologi- were offered to the problem of missing African-American cal bias of professors, and by the lack males. Panelists scarcely addressed the two major impedi- of moral and ethical standards on ments to better education for these young men — weak- many campuses. nesses in family relationships and weaknesses in public The Pope Center’s newest Web education. page (start at www.popecenter.org This was surprising because one of the individuals and look for “students”) provides honored at the symposium was Harvard psychiatrist Alvin F. students with information, advice, Poussaint. His book Come On People, written with comedian and personal accounts of college life. Bill Cosby, is a call for African-Americans to take greater From those reminiscences, here are personal responsibility for their lives and their children’s some central themes: education. • Don’t borrow more money Although speakers repeatedly urged rescuing boys than you need. Student loans seem before they derail from the education track, little was said like a good deal, but there are other about the education track itself or why K-12 institutions are options. Consider working part time, ineffective. getting scholarships, taking less-ex- pensive summer school courses, or ‘The Vanishing Male’ doing a work-study program. Much was said about the problem, however. In his • Once you get to college, presentation “The Vanishing Male,” Andrew C. Jones, vice participate. There are nearly end- chancellor of the Dallas County (Texas) Community College John Hope Franklin, Duke University historian and professor less opportunities on campus to District, reported not only that black males are under-repre- emeritus, in whose honor the annual symposium is named. (Duke get involved; clubs, sports, study sented in college, but that their graduation rates from high University photo) groups, and volunteer organizations school are abysmally low — 41 percent, according to figures ers “are not taught how to teach math and science.” Yet no can enhance your experience. in USA Today. one proposed changes at either the K-12 level or education • Choose your path wisely. Norman C. Francis, longtime president of Xavier Uni- schools, which produce most public-school teachers. Balancing the right courses, extra- versity of Louisiana and an honoree of the symposium, said black males have been ”expelled and shuttled from an early A member of the audience asked whether vouchers and curricular activities, work, and edu- charter schools have a place in addressing these problems. cational opportunities is difficult. age” and “left to struggle on their own.” Panelists agreed that for youngsters who have the potential to achieve col- Only one of four people on the podium responded. Speaking College might be the only time you about New Orleans after Hurricane Katrina, Francis praised have a chance to intern with a non- lege, intervention by middle school is needed. One method would be to insist that boys learn math and science. If a charter schools for filling the vacuum left by public schools. profit group or spend six months in He emphasized that public schools were “dysfunctional” a foreign country. Plan accordingly, student doesn’t take algebra by the ninth grade, the student is unlikely to enter college, Poussaint said. even before Katrina. A total of 102 schools had been taken so you can balance your education over by Louisiana. and experiences. Throughout the country, however, math and science • Seek out good professors. are often poorly taught. Education schools do not teach their No support for vouchers graduates to teach math and science, said Francis. “All stu- Many professors use the classroom dents are being short-changed,” Poussaint said. Yet almost in the same breath, Francis defended public for indoctrination. Research your So what is being done, given the low numbers of Afri- schools against vouchers, saying that they might serve as professors ahead of time, find old can-American males in colleges? This is where the surprises a complement to a public school system, but “if a voucher syllabi, and ask your classmates came in: not as much as one would expect. system starts to erode the public school system, it’s bad.” for advice. Excellent professors can A few panelists described programs designed to correct A member of the audience asked Poussaint to share the make the difference between drudg- the imbalance. The African American Male Initiative at the message of his 2007 book, Come On People. Poussaint answered ery and enlightenment. University System of Georgia attempts to increase the number the question by saying that throughout black history there • Think twice about law of African-American males in Georgia’s university system was always a struggle “against the odds” but “we’ve lost school or grad school. If you are and has had success in increasing enrollment and retention some of that struggling against the odds.” People need to be thinking about applying, make over the past few years. It is too soon to assess graduation better parents and avoid a “totally victim attitude.” sure you are doing so for the right rates, however. Certainly an apt comment, yet it was muted, perhaps reasons. The Student African American Brotherhood is a nation- because Come On People, along with its co-author Bill Cosby, This advice, and more in sub- wide, on-campus organization that aims to support minority has evoked controversy for its explicitness about problems sequent weeks and months, will students by developing leadership and encouraging positive among poor blacks. help you make the most of your self-image. Poussaint’s comment came at the end of a session that college years. CJ There’s even a Hip-Hop Initiative at North Carolina could have been a ringing endorsement of change on the Central University. Although it includes scholarly study of personal level. But there was no such ringing endorsement, this kind of music, which has been around for more than 30 just as there had been no exploration of how to improve pub- Campus Briefs are compiled by years, long enough to have its own interesting history, the lic education. Indeed, the entire symposium seemed a little Jenna Ashley Robinson, campus out- program also uses hip-hop to reach out to “at-risk” males. too quiet. No one there, it seemed, was outraged enough to reach coordinator for the John W. Pope But little at this meeting was said about how to correct explore change very deeply. CJ Center for Higher Education Policy. the problem on a systemic level. The failures of the public education system in the United States seemed obvious from Jane S. Shaw is president of the John W. Pope Center for many remarks, such as “teachers want the easy route”; teach- Higher Education Policy. AUGUST 2008 | CAROLINA JOURNAL PAGE 13

Pope Center Proposes COMMENTARY Move to Transparency Brady Won’t Rock

By CJ Staff to know the kind of information that is RALEIGH being imparted,” Schalin said. UNC-G Ideological Boat niversity administrators could On University of North Carolina inda P. Brady, who will be Post’s political donation tracker (as go a long way to improve trans- campuses, syllabi don’t have to be avail- the next chancellor of UNC- of June 14) in the last two presiden- parency and accountability in able for students until the first day of Greensboro, seems to be the tial elections, 69 employees of the higher education, according to a new class. Thus, many students must register U Lsafe protector of the status quo University of Oregon gave dona- paper from the Pope Center for Higher for courses based on skimpy catalog — an academic insider unlikely to tions to Democratic candidates, and Education Policy. All it would take is one descriptions, which can mask vast dif- take any stand against her peers. simple policy change, the report says. ferences in the same course taught by only four gave to Republicans. At the time of his appoint- The center’s new report recom- different instructors. The University of Oregon is ment in January 2006, it looked as mends that faculty be required to post He gave as an example an introduc- not just a Democratic stronghold; though UNC President Erskine their course syllabi, detailed descriptions tory geography course at UNC-Chapel rather, it is a bastion of radical left- Bowles, whose background is in that go beyond the sketchy catalog sum- Hill called “Geographical Issues in the wing politics. Perhaps the leading business rather than academia, maries, on the Internet. Developing World.” The short and bland theorist joining environmental- would seek candidates who also A syllabus, from a Latin word for catalogue description does not convey ism with Marxism, John Bellamy have experience outside the narrow slips of paper with the titles of written the hostility to free markets and interna- Foster, is a tenured professor there. confines of mainstream academia works, usually provides a class schedule, tional trade, and even the United States, Leaders of organizations that use and government service. But so far including test dates, and outlines the the professor uses in teaching the class, violence to achieve their goals, such he has not. course material either chronologically Schalin writes. as Michael Christian of Earth First! Of the eight chan- or in another meaningful way. It also An obstacle to mandatory posting and Paul Young of the cellors appointed during includes reading material and other of syllabi, the paper suggests, is that it is Animal Liberation Front, the 2 1/2 years that pertinent information. inconvenient for faculty members, who are regularly invited to Bowles has been presi- In “Opening Up the Classroom: often don’t complete their syllabi until speak or hold workshops dent, seven have been Greater Transparency Through Better, class is about to start. This might not be on campus. The school’s drawn from the ranks More Accessible Course Descriptions,” their fault, because sometimes faculty chapter of MEChA, a of academic adminis- Pope Center senior writer Jay Schalin members aren’t assigned to teach a par- Hispanic organization trators. John Mauceri, argues that this posting should occur ticular course until after registration. that advocates restor- an orchestra conductor when registration opens for the next Students at N.C. State told Schalin ing much of the United hired to run the School term’s classes, typically two to five that they often sign up for more courses States to Mexico, calls the of the Arts, is the other. months before the term begins, and that than they intend to take and drop one United States an “Anglo- Certainly, Brady it should be available to the public. after school starts when they have a American melting pot has no shortage of quali- This would aid students as they better idea of the content. of materialism, greed, fications: Her resume is JAY register for courses, help university ad- To address this problem, Schalin and intolerance,” and filled with a multitude SCHALIN ministrators decide whether to transfer suggests syllabi from previous years once proudly featured a of accomplishments and credits, aid in research, and help profes- be posted, or syllabi could be “works picture of Fidel Castro on accolades. She is the sors compare classes from one university in progress.” the group’s Web site. author of three books and numer- to another, Schalin writes. Bolstering his case, Schalin report- ous scholarly articles. She served In an extended curriculum For the public, it would expose fac- ed that some schools do provide more de- under both former presidents vitae provided by the UNC system, ulty members who are presenting their tailed information. Duke has an “Online Jimmy Carter and Ronald Reagan Brady proudly claims credit for own ideological agendas in class. Course Synopsis Handbook” with more in the departments of Defense and implementing the University of “We believe that students need to extensive descriptions. Although post- State from 1978-1985, participated Oregon’s “strategic diversity action know more about the content of courses ing isn’t mandatory, about 80 percent in arms control negotiations with plan.” The plan, peppered with before they sign up, and the public needs of faculty members participate. CJ the Soviets, and taught at West phrases such as “Bias Response Point Military Academy during Team” and “cultural competency,” the 1991-92 school year. In 1984, extends “diversity” considerations she wrote an article with Assistant deeply into many areas of cam- Secretary for Defense Lawrence pus life, including orientation for Korb that was highly favorable new students, academic advising, toward Reagan’s Cold War defense tutoring programs, admissions and strategy. recruitment, campus residential Her more recent outlook programs, and staff development. appears to be more influenced by Dr. Brady is an accomplished Carter than by Reagan, however. In woman, but she does not appear to fact, after leaving government ser- be the type of leader who will swim vice, she worked directly with the against the tide of mainstream former Democratic president at the academia to restore the diversity of Carter Center of Emory University. ideas absent on many campuses. Perhaps even more telling The only way to do that, given about her political beliefs is her the current climate in academia, answer to a question concerning is deliberately to bring in a few ideological bias at the University of strong individuals from outside the Oregon at her press conference June academic mainstream. People with 12. She said she had “not sensed a backgrounds more like Bowles him- particular ideological orientation on self. CJ the part of our faculty or staff.” Yet there are strong indica- tions that an ideological imbalance Jay Schalin is a senior writer does exist at the University of Or- with the John W. Pope Center for egon. According to The Huffington Higher Education Policy. PAGE 14 AUGUST 2008 | CAROLINA JOURNAL

COMMENTARY Lawmakers Lavish Money First Ladies Cost On State’s Universities

By Jay Schalin indicates an approximate increase of 6.9 What First Ladies Cost Contributing Editor percent above the previous year. RALEIGH To be fair, $34.6 million of the Note: This column is satirical. task force to review all fixed-term hat is the difference between increase was required to pay for an Any resemblance between events and contracts signed between 2002 and the General Assembly and unanticipated enrollment increase. The people contained herein and actual 2008. a drunken sailor on shore university system under Erskine Bowles events and people is purely intentional. For his part, the governor was Wleave? is taking measures to limit enrollment not worried about his wife’s salary, The sailor spends his own money increases by erecting higher admissions t a recent press conference, despite it seeming so laughably out like there is no tomorrow! standards. Still, subtracting this amount Gov. Mike Easley said that of scope. “Things cost what they This year’s university system suggests a healthy 5.6 percent increase in a better world, guberna- cost,” Easley said. “I wish they operating budget is meant to adjust the in operations spending. Atorial spouses’ sinecures at major didn’t cost that much, but let’s be budget that was proposed for the up- The university system also ben- public universities wouldn’t be so honest about it. Just as a cheese- coming 2008-09 school year during last efited from the legislature’s aggres- expensive, but the fact of the matter burger and onion rings is $60 over year’s legislative session. The proposed sive funding of capital projects. The is, jaw-dropping salaries and an- there, a nominal position for a state budget was for $2.66 billion, while the legislature appropriated $99 million nual raises for doing slightly more First Lady is $170,000 over here.” new budget calls for $2.68 billion, a seem- from the General Fund for university than diddly-squat are necessary if Reporters asked Easley how ingly modest 1 percent increase. Yet the capital projects and instructed the state the state is going to be able to af- the cost of employing the First Lady 1 percent does not to borrow another $524 million through ford to keep sending state officials could have jumped so high in just tell the entire story. bond issues. on high-dollar junkets to one year. The actual increase This budget will commit the state posh European resorts “I don’t hire uni- in spending by the NEWS to 17 new UNC capital projects. They ostensibly to bring new versity functionaries. I university system will start this year and eventually cost tourist dollars and jobs really don’t,” Easley said. ANALYSIS will be far more than the state $1.24 billion. to the state. “I don’t make up the job $27 million. The largest new capital projects Easley was defend- requirements. I don’t The increase are the first phase of UNC-Chapel Hill’s ing the nearly $80,000 sign the contract. I just Carolina North project, which costs $329 in operations spending does not even raise First Lady Mary say, ‘Have fun at work, million; a new $279 million engineering include a staggering $1.26 billion in Easley was given at sweetheart; see you in an complex planned for N.C. State; and eventual spending for new university her job at North Caro- hour,’ and that’s that.” a $120 million science building in the system capital projects. lina State University as Easley pointed out works for UNC-Charlotte. The university budget previously executive-in-residence in that next year, without Returning to the operating side approved for 2008-09 was $30 million the Office of the Pro- his salary, things would reveals the Bowles administration’s JON higher than the $2.63 billion operat- vost, where her duties be much tighter for the focus on research, with at least eight ing budget for the 2007-08 school year. include getting speak- SANDERS Easley family — and items directly related to research. These This means that operating expenses ers for the university’s our economy — were it include $6 million in funds for activi- will actually in- Millennium Seminar, not for his wife’s work ties conducted at crease by about teaching one course (and possibly at N.C. State. Once the State of N.C. Research $57 million, or 2.2 a second), giving the university the North Carolina stopped paying Campus at Kan- percent, from the chance to say that it employs the him to avoid the press and not Seemingly modest napolis, $1.5 mil- year before. First Lady of North Carolina (with make public appearances, he noted, lion for a joint T h e n e w all the institutional chest-thumping the Easley family faced the loss 1 percent budget nanoengineering b u d g e t a l s o that entails), and thumb-twiddling of 1,132 cheeseburger-and-onion- facility at N.C. shows a $50 mil- increase for with executive aplomb. With her ring combo meals together at Chez A&T and UNC- lion reduction raise, Mrs. Easley’s salary at N.C. Daun-Heaum in Paris. The First G r e e n s b o r o , that is more book- higher education State went from $90,300 per year to Lady’s raise preserves 664 of those and $1 million keeping than fact $170,000 per year, easily surpassing meals, sans tip. for a Research — a shift of fund- misleading her husband’s gubernatorial salary Easley pointed out that those Competitiveness ing for the EARN of $135,854. meals offer the opportunity to im- Fund to promote scholarship pro- N.C. State Provost Larry press Parisians, with each one being economic devel- gram from the Nielsen had issued a statement of critical importance to the future opment. state’s General Fund to the Escheats defending the Easley raise on the economic well-being of the state. It is true that this year’s increase Fund. grounds that the First Lady’s con- “N.C. State’s Office of the Pro- in the university’s operating budget EARN scholarships are designed tribution really is worth more than vost has economic data that prove is smaller than last year’s whopping for students from families that earn 200 twice that of the average faculty that Parisians typically wait to set 7 percent rise. But 5.6 percent is still percent or less of the federal poverty member (whose average annual sal- their international vacation plans considerable — more than the growth level. The state will still spend $50 mil- ary was $84,570 in 2007-08). “Grant- until they see which governor from suggested by the current bleak economic lion on the scholarships at state colleges, ed, her worth is just comparable to a southern U.S. state is going to outlook. using state funds. So the increase over the average biomedical or nuclear bring his entourage to their city to This would have been a very good the 2007-08 budget is really $107 million, engineering professor,” Nielsen consume country-fair cuisine from year to look for cuts instead of expansion. or 4.1 percent. said, “but there’s no question she Europe’s finest kitchens,” Easley The aggressive approach to capital proj- As a matter of procedure, a 3 per- trumps the entire Interdisciplinary said. “I wish that wasn’t how the ects is perhaps more worrisome, since it Studies Department, and it’s not game was played, but let’s be hon- cent increase in faculty and administra- delays payment until the future. even close.” est about it. This is for the good of tive salaries (and 2.75 percent for other Of course, none of that matters if employees) for the upcoming year was Nevertheless, Nielsen did the state.” CJ you’re not concerned with tomorrow, acknowledge that since the UNC not included in the operating expen- or if you don’t equate prosperity with Board of Governors differed with ditures total for 2008-09. Yet salaries a low-tax atmosphere. At least drunken N.C. State over whether fixed-term make up about 70 percent of operating sailors can blame the alcohol. CJ appointments such as Easley’s re- Jon Sanders is a policy analyst expenses for the university system, quire Board of Governors approval, and research editor at the John Locke and this year’s raise will add another Jay Schalin is a senior writer with the the university was instituting a Foundation. $73 million, or 2.8 percent. Therefore, a John W. Pope Center for Higher Education more accurate appraisal of the budget Policy. AUGUST 2008 | CAROLINA JOURNAL PAGE 15

Opinion Wake Forest’s Decision on SATs Presages Class Warfare ake Forest University’s recent organizing society high school student their ranks are dynamic, not static. decision no longer to require and the educational will do at a par- Soares favors such class-based pol- applicants for admission to system. ticular institution. icies as “Berkeley-style socio-economics Wsubmit SAT scores is part of a growing A key figure Robert Sternberg, a admissions policies” and “class-based national trend. This policy change is not behind the new pol- psychology profes- affirmative action.” He recommends about shifting to “more reliable predic- icy is Wake Forest sor and dean at Tufts that the top 10th of every high school tors of success,” as administrators claim. sociology professor University, said in class be “admissible” at elite colleges. It is instead about a fundamental change Joseph Soares and a 2001 book that The impracticality of such a blanket in world views, his 2007 book, The “a wide variety of application of class rank as a measure and about class Power of Privilege. In studies have shown is immediately apparent — it equates warfare as well. the press release an- the usefulness of the rank at an extremely competitive Those who nouncing the policy change, Tiefenthaler the SAT(I) as a predictor of college suc- school filled with high achievers to the believe that so- said, “Dr. Soares presents a compelling cess.” He noted that a “meta-analysis” same rank at an inferior school where ciety should be argument that reliance on the SAT and of about 3,000 studies confirmed its role many of the graduates may be barely a meritocracy, other standardized tests for admission in predicting the first-year GPA. literate. where achieve- is a major barrier to access for many Soares’ biggest objection to the SAT Ironically, Wake Forest intends to ment is the main students.” I tests is the correlation between SAT substitute the very sort of subjective criterion for re- However, Soares’ argument is less scores and family income: Youths from measures, such as personal interviews ward, should be compelling when subjected to critical prosperous families tend to score very and “evidence of character and talent,” concerned about examination. The suggestion that stan- well on standardized tests, while those for which Soares criticized Yale in his the tradeoff im- JAY dardized tests are poor predictors of at lower income levels generally lag book. Wake Forest’s subjectivity goes plied by the pol- SCHALIN academic success is not true. behind. He borrows heavily from French far beyond Yale’s, since Yale used these icy change. Wake Soares actually does not recom- sociologist Pierre Bourdieu’s theory measures in conjunction with standard- Forest Provost Jill mend dropping standardized tests of “dominant class perpetuation.” He ized tests. Wake Forest will use SAT Tiefenthaler laud- altogether as Tiefenthaler said he does, even portrays the SAT I as part of some tests only if the applicant voluntarily ed the new policy for removing “that but argues instead that tests intended devious plot to maintain the upper submits them. barrier” (of low SAT scores) “for many to measure aptitude should be dropped classes in their position of advantage. But such inconsistencies do not worthy students.” But it will also erect in favor of tests that measure what is “The SAT proved not to be very useful seem to matter when there are political new barriers of class or race for many learned in high school. His book relies until it provided a meritocratic way to goals such as achieving diversity. Soares others who are at least as worthy. heavily on a 2001 study of the University fill the applicant pool with privileged recommends that all elite colleges Most of those denied admission of California system by Saul Geiser and youths,” he said. reserve 25 percent of their seats for stu- because of the tests’ elimination will Roger Studley. Soares wrote, “[T]he easy Yet no such dominant class exists dents from the bottom two-fifths in have high SAT scores and other accom- and socially biased option of relying on in America. In a meritocracy such as the family income. plishments that indicate they are more aptitude tests has been discredited by United States that rewards intelligence, For all the high-blown rhetoric likely to thrive at a highly competitive the University of California.” smart people gravitate to the best schools about creating a fairer standard, the university such as Wake Forest than However, that study does not and best-paying professional and corpo- policy change will make admissions those newly granted access. However, discredit SAT tests as poor predictors of rate jobs. They marry their equally smart more arbitrary. It is one more incremental because they are mostly white or Asian college grades; it merely states that SAT classmates and colleagues, and raise change away from a tradition that uses applicants from high-income families, II tests, which measure achievement, are their smart children to succeed academi- the fairest measure of all, merit, toward their greater fitness for such universities better predictors of college grade point cally. But this does not mean they form one where membership in a politically will be trumped by their undesirable averages than the SAT I tests, which are a “self-perpetuating dominant class,” favored group is most important. CJ group status. intended to measure raw aptitude. in the sense that Soares uses it. They act This is not a problem for many in In fact, the preponderance of as individuals, not as a cohesive group; Jay Schalin is a senior writer with the academia who are predisposed to favor evidence indicates that SAT I tests do their demographics cut across all racial, John W. Pope Center for Higher Education “equal outcomes” as the standard for a credible job of predicting how well a ethnic, religious, and political lines; and Policy.

Teacher Education Fails the Test at UNC Schools

as reported in University of North Carolina Education Schools: Helping or Hindering Potential Teachers? George K. Cunningham To receive your free copy, call 919.532.3600 or email [email protected]

Visit the Pope Center online at popecenter.org for additional reports and studies PAGE 16 AUGUST 2008 | CAROLINA JOURNAL

Town and County Slope Ordinances Used to Curb Development Union County sewer probe Restrictions can have A federal grand jury is investi- gating how Union County allocated scarce sewer capacity among po- effect of limiting use tential new developments. Among those seeking legal representation of private property are three county commissioners, The Charlotte Observer reports. By Becki Gray Union County is one of the Contributing Editor nation’s fastest-growing counties. RALEIGH Its population grew by 45 percent hile steep-slope ordinances between 2000 and 2007. While have been introduced recently many developers would like to see in North Carolina, the earliest a continuation of the growth trend, Wknown example of steep-slope regula- a serious limitation has emerged tions in the United States was in the early in recent years: a lack of sewage 1950s in Los Angeles, where grading capacity. regulations were first implemented. Last year, the N.C. Division Steep-slope ordinances have been of Water Quality, citing inadequate widely used in many states and with capacity at the county’s largest many local governments from New water treatment plant, temporar- Hampshire to California. Their stated ily rejected sewer applications purpose was to address and control for more than 1,000 homes. Since engineering problems on hillside de- then, an expansion of the county’s velopments. The reality has been that Twelve Mile Creek treatment plant steep-slope ordinances have been erod- has been completed. Unfortunately, ing personal property rights for more than 50 years. Slope ordinances got their start in the Los Angeles area, where development along steep state officials have determined the canyon rims often led to landslides in wet weather. creek doesn’t have enough water In North Carolina, steep-slope and flow to allow for any further expan- hillside regulations are mostly found at fective in controlling development in any area that has a slope of 25 percent sions. Much of the county also is the local level as part of either a zoning on mountain ridges. However, many or greater. unsuitable for septic tanks. ordinance or subdivision regulations, mountain communities in the state The degree of slope doesn’t neces- Federal grand jury proceed- some more aggressive than others. are searching for ways to further con- sarily indicate a danger. Other factors ings are secret. The existence of One exception to this trend is the N.C. trol land use at lower elevations from that contribute to the stability of a slope the proceedings came to light after Mountain Ridge Protection Act of 1983 development. The rights of property include the type of soil, the depth of the county’s legal bill ballooned, (NC G.S. 113A-205-214). The statewide owners are eroded every time one of bedrock, the presence or absence of a including $73,000 for high-profile act restricts development on mountain the ordinances is enacted. spring, and the amount and type of lawyers to represent county com- ridges that have elevations of 3,000 feet Slope ordinances have already vegetation. missioners Allan Baucom, Parker and higher. As the basis for enacting the been enacted or proposed in Boone and These factors may be different on Mills, and Kevin Pressley. County law, the General Assembly found that: Asheville, and in Buncombe, Haywood, every piece of property, so instead of let- Attorney John Burns described the “The construction of tall or ma- and Jackson counties. The ordinances ting property owners and their bankers hiring of outside lawyers as “not jor buildings and structures on the direct how many figure out the risks, counties would be only prudent, but necessary.” ridges and high- homes can be required to hire a geotechnical engineer er elevations of built on a lot, to map and evaluate a property before North Carolina’s maximum im- any development would be allowed. mountains in an Local governments, pervious surfaces House Bill 1756 would also require W-S traffic lights inappropriate or state lawmakers allowed, if and sellers to disclose landslide hazards to Winston-Salem will be up- badly designed where trees can purchasers based on the N.C. Geologic grading its traffic-light control manner can cause Survey maps. Mapping for six counties say they will push be cut down, that system this summer and fall, with unusual prob- is complete, but state geologists don’t retaining walls be the aim of better synchronizing the lems and hazards for more limits expect to complete mapping the remain- built under the lights. Traffic should flow better to the residents ing 13 mountain counties until 2014. A supervision of a and delays decrease. of and visitors to in the future bill to provide $1.4 million to continue professional en- “The system is at least 10 the mountains. the mapping project was introduced in gineer, and what years old, so we’re seeing some Supplying water 2007 (House Bill 1406), but it was never kind of plants can communication problems and to, and disposing heard. There is $341,305 in the 2008-09 capacity issues,” Stan Polanis, of the sewage from, buildings at high be planted and where. A Buncombe budget allocated for three positions and director of the Winston-Salem De- elevations with significant numbers of County zoning ordinance goes so far as operating expenses for the Landslide partment of Transportation, said to residents may infringe on the ground to say part of the property being devel- Hazard Mapping Program. That money the Winston-Salem Journal. “When water rights and endanger the health oped “is required to remain in a natural was taken out of the Hurricane Recovery you think in terms of computers, of those persons living at lower eleva- state … as defined as the condition prior Fund of 2005. 10 years is a long time.” tions. Providing fire protection may be to development or other human activ- House Bill 1756 was not heard The problem, which is com- difficult given the lack of water supply ity,” including privately owned land. during the 2007-08 session. But that mon and affects all parts of the city, and pressure and the possibility that House Bill 1756, the Safe Artificial doesn’t mean restrictions are not being involves the chips in individual fire will be fanned by high winds. Ex- Slope Construction Act, was introduced imposed. It also does not mean that a traffic lights not communicating tremes of weather can endanger build- in the Assembly in April 2007. The leg- similar or an even more restrictive bill properly with the software that ings, structures, vehicles, and persons. islation would impose slope ordinances will not be introduced when the As- coordinates traffic light patterns Tall or major buildings and structures across North Carolina and greatly affect sembly convenes in 2009. to maximize traffic flow. located on ridges are a hazard to air what private landowners could build on Local governments are enact- The upgrades to the system navigation and persons on the ground their land. The bill would require local ing restrictive ordinances affecting are budgeted to cost $1.1 million. and detract from the natural beauty of governments to regulate planning, de- local communities, while on a state- The city will pay 20 percent of the mountains.” sign, and construction of development wide level lawmakers have said they the cost. CJ According to a report from the on artificial slopes in mountainous areas intend to push for more. They want Land-of-Sky Regional Council in North and impose restrictive and expensive sweeping restrictions on development Carolina, the law has been mostly ef- government regulation of development on slopes and mountain ridges. CJ AUGUST 2008 | CAROLINA JOURNAL PAGE 17

Fuel-Price Woes Have Put COMMENTARY Regional Jets in Jeopardy Include Full Spectrum

By Michael Lowrey al jets between Charlotte and New York Of Economic Interests Associate Editor City’s LaGuardia Airport. Piedmont CHARLOTTE Triad International Airport, meanwhile, ot long ago, Reps. Ray from $50,000 to $200,000 or more. he rapid rise in fuel prices has has lost all service to Boston as Delta Rapp, Phil Haire, and Susan That’s a massive new increase in greatly increased costs for the trims regional jet flying and flights to Fisher, all western North costs that might well be devastating airline industry, forcing fare in- Continental’s hub in Cleveland. NCarolina Democrats, proposed vast to the economy and home sales in Tcreases and cuts in service. While airlines The effects, however, extend be- regulations dealing with building western North Carolina. are hurting in general, it doesn’t follow yond regional jet operations. “Hub reach on slopes. The underlying theme The report also suggests that that across-the-board cuts in flight are will constrict materially,” wrote avia- is not that different from almost all streams and groundwater would likely. Rather, certain types of routes and tion consultant Mike Boyd recently on lefty agendas: create a crisis and be protected by such ordinances. find a government solution that The assumption is that all devel- markets are more in his company’s Web pushes a political agenda. opment destroys water quality. It danger of being elimi- site. “The farther an In this case, the agenda is the doesn’t. Local governments and the nated than others. airline has to toss cessation of development in the N.C. Department of Environment One aircraft an airplane to feed western part of the state. Make and Natural Resources already type in particular that its hub, the more no mistake, the coastal parts of do a thorough job of assessing has experienced large financially dicey it our state are also under siege as it the impact on streams and rivers cuts is the so-called becomes.” relates to development, with many with existing regulations. DENR “regional jet.” When Several long environmental groups pushing for has more power than any branch first introduced in routes from North much tougher laws to of government to stop the 1990s, regional C a r o l i n a h a v e stop as much develop- almost any development jets revolutionized been on the cut- ment as possible. at any time. air travel. The air- ting block. United The Asheville Citizen- The Homeowners craft, seating 37 to has announced it’s Times wrote that the case Association and Realtors 50 passengers, had eliminating its daily for stiffer rules has been Association have fought adequate range and RDU-Denver flight made because the Land- such invasive regula- speed for flights out and one of its two of-Sky Regional Council tions. The Left might to about 1,000 miles. Charlotte-Denver released its final report want to demonize them, The jets were widely flights. Delta has stating the need for the but these folks build used to replace turbo- ended its RDU-Los rules. This group is a people’s homes and props on short feeder Angeles flight, while regional planning and de- are vital to the state’s routes to hubs, and to its single daily flight velopment organization. economy. right-size capacity on from Charlotte to its It’s actually an antidevel- CHAD One of the final routes that had previ- Salt Lake City hub opment organization, but ADAMS suggestions has a modest ously been operated by larger planes. will end in September. who’s really paying atten- degree of merit, meaning In addition, regional jets allowed Tourism-based travel, especially, tion? But more importantly, that prospective buyers airlines to serve a new class of markets will be affected, Boyd said. “Over the it was funded by a grant from the Z. should know about how prone their from their hubs. The markets were too past 30 years, the increasing availability Smith Reynolds Foundation. potential purchase is to landslides. Here’s where there should This is a tricky subject because distant for turboprops but too small to of cheap air travel has resulted in enor- be a reality check. Imagine if any even current state maps of slopes, serve efficiently with aircraft seating mous growth in leisure markets. But newspaper in the state suggested specifically in Jackson County, have 100 or more. write this down: Big adjustments are that there needed to be a massive disclaimers saying the maps might Another popular use for regional going to be necessary, as any industry reversal of regulations because a not be accurate. jets was to offer nonstop flights between that depends on air transportation to group had conducted a regional Such ordinances seem trendy medium-sized cities. Such routes are deliver high percentages of its customer meeting and the meeting was and needed, but they aren’t. Coun- referred to as “point-to-point” service, and revenue streams will need to re- funded by a grant from the Heri- ties would be forced to hire geo- as they do not involve a hub. think its business strategy.” tage Foundation or, God forbid, the technical engineers, whose services While regional jets offer airlines More fuel-efficient airliners, which John Locke Foundation. aren’t cheap. Counties then would many advantages, they also have a de- would again increase the number of vi- The first rationale for stop- have to raise taxes to pay for the cided downside: Their cost per average able market pairs, are still some ways off. ping buildings on slopes is that surveys. seat-mile, a standard industry measure While families can easily reduce their there are economic benefits to If a landslide occurs in one of cost, is higher than larger jet aircraft gasoline consumption by buying smaller having unspoiled viewsheds. That area, the potential for landslides or turboprops. A large element of this cars that get better fuel mileage, things means that it’s bad for anyone to in other areas also might increase. comes from their per-seat-mile fuel aren’t as simple for airlines. In aircraft, build on a slope, even if the builder Do counties need to be forced into consumption being higher than other bigger is typically more efficient on a is the property owner. liabilities because an unpredictable aircraft types. per-seat-mile basis. The report also wants to make landslide occurred after an area was Unsurprisingly, airlines are re- Two manufacturers, Airbus and sure that homes built on landslide- deemed safe by local authorities? sponding to the recent spike in fuel prices Boeing, essentially control all of the prone areas are “engineered” so There are many more potential by sharply reducing regional jet flying, market for planes seating more than 100 that they are not threatening to oth- political landslides to explore be- especially on point-to-point routes. passengers. While they are constantly ers. Insurance companies and banks yond the scope of social engineers Raleigh-Durham International working to make the planes they now take a lot of time to protect their in the legislature. The exploration Airport, particularly, has been affected. build more efficient, both envision the investments. The private market should include a full spectrum of The airport has lost or is scheduled to next generation of single-aisle jets seat- already has a vested interest here. economic interests. CJ lose 30 flights this year. ing 100 to 200 passengers to be about a Nowhere does the report address That amounts to 13 percent of the decade off. the cost of such “engineering.” flights it began the year with. Most of Even if a better 150-seat airliner That’s because the General Assem- Chad Adams is vice president for the cuts involve regional jets. Nonstop is available in about 10 years, major bly doesn’t generally care about costs to taxpayers. development for the John Locke Foun- destinations dropped include Kansas U.S. air carriers operate literally hun- An average cost per lot under dation, director of the Center for Local City; Jacksonville, Fla.; Louisville, Ky.; dreds of planes in this class. Replac- such regulations could run from Innovation, and former vice chairman and Austin, Texas. ing their entire existing fleets with $5,000 to $50,000. An engineered of the Lee County Board of Commis- Both American Airlines and Delta more modern aircraft could take until commercial assessment could run sioners. Air Lines will soon end service on region- 2030 or longer. CJ PAGE 18 AUGUST 2008 | CAROLINA JOURNAL

Local Innovation Bulletin Board Bureaucrat’s Spending Planners Push Car Disincentives Prompts Credit Card Audit ammered by highway conges- Last year, 292 out of 411 Vallejo By Michael Lowrey a friend of Chavonne, was involved in a tion, North Texas cities soon employees were paid more than Associate Editor could approve ordinances to $100,000 a year. Vallejo’s city man- three-car accident and was initially given Hpressure large employers to cut car ager earns nearly $317,000. A police RALEIGH a ticket. The ticket was withdrawn later trips their employees take to work, captain earns $306,000 a year in pay ake County has hired an that day after, in violation of policy, the in exchange for getting major high- and benefits, six times what the aver- accounting firm to conduct mayor, city manager, and police chief all way construction age Vallejo teacher an audit of employee use of intervened. Another motorist was given on adjacent roads, earns. The average Wcounty credit cards. The move comes a citation instead, although the charge the Dallas Business firefighter is paid after the firing of an employee for racking was eventually dropped. The Ticketgate Journal reports. $171,000 a year. up $161,000 in spending on his county- affair would be among the first cases the Urban plan- When pub- issued card, much of it in questionable panel would review. ners at the North lic safety workers travel expenses and purchases, The News Fayetteville’s ethics board would Central Texas Coun- retire after age 50, & Observer of Raleigh reports. be unique in the state. Research by the cil of Governments they receive 90 per- Craig P. Wittig was a recycling Institute of Government and the N.C. hope to see such city cent of their top program manager in the county’s En- League of Municipalities found that no ordinances in place salary. vironmental Services Department from N.C. locality has an ethics board. by 2009. After nearly February 2006 un- A panel of C o m p a n i e s two years til he was fired three college of- having 100 employ- of difficult debate, June 3. Wittig’s Cherokee ficials is expected ees or more would the major and coun- duties included to make a recom- be asked to commit cil decided that managing the mendation to city to reducing their it was worth the county’s anti-lit- to council soon about employees’ single- stigma of being the tering campaign what the ethics occupancy vehicle largest city in Cali- and planning an panel would do trips by 5 percent fornia to seek bank- environment edu- Currictuck and how it would to 10 percent. Em- ruptcy protection cation center at operate. Whether ployers would be if it helped Vallejo a recently closed council will go expected to provide escape its financial landfill. During along with the incentives to en- commitments. his time with Wake County, Wittig went recommendations remains to be seen, courage employees Experts agree on at least 50 trips, sometimes with the especially as time since Ticketgate in- either to use mass transit, to car pool, that other state and local governments five employees he supervised or his creases. or to walk or bike to work. Employ- might face a similar predicament. family. Among the places Wittig visited “I just don’t think it’s a priority,” ees also could work from home or Judging from the ominous mix of were Disney World, Las Vegas, and Yel- said Curtis Worthy, who served on city compress the work week when major mounting costs for energy and food; lowstone National Park. He led a group council until December. “Intelligent improvements or new construction is declining property-tax and sales rev- of 17 on a weeklong whale-watching trip folks know that ethics is something planned or underway. enue; rising pension and health-care to Maine at county expense. you either have or you don’t. You can’t The ordinance would apply to commitments to public workers; and Wittig also bought expensive legislate ethics.” about 89 percent of the region’s em- greater demand for city services dur- camping gear, a GPS receiver, a John ployees. Planners calculate there are ing hard times, they may be right, Denver CD, and a novel about elves on Extra lanes in Charlotte about 4,500 employers, having about Simendinger says. his county credit card. N.C. Department of Transporta- 1.32 million employees, on the region’s “Going to Disney World four tion officials hope that they will soon be major highway corridors. different times? I’m not going to make able provide a short-term solution to a Traffic in the Dallas-Fort Worth Bumper sticker road rage excuses for that,” said Wake County problem that has long plagued Charlotte area is routinely ranked among the Commissioner Lindy Brown of Wittig’s motorists: a lack of capacity on Charlotte- nation’s worst. A new study from Drivers who sport bumper and travels. area interstates. Under their proposal, Washington-based Inrix found Dallas- window stickers on their vehicles are Solid waste Director James S. the shoulders of portions of Interstates Fort Worth fifth worst for congestion more prone to road rage, researchers Reynolds, who supervised Wittig and 77 and 485 would be used as extra lanes nationwide, behind Los Angeles, New at Colorado University say. signed off on his travels and purchases, during rush hour. York City, Chicago, and Washington, The researchers have released a was demoted and later resigned. State traffic engineers last year D.C. Dallas-Fort Worth motorists new study that found that motorists “The reason to have an audit is began looking at how to add capacity waste 60 hours annually from traffic who have personalized items on their to tell the public this was an isolated to I-485 between South Boulevard and congestion, and roads are congested vehicles are more likely to be aggres- incident,” said County Manager David Johnston Road and on I-77 between mile 66 percent of the time. sive drivers. Assessing the behavior of Cooke. “I’ve been here 12 years, and in markers 23 and 30. Both interstates are 500 drivers, they found that in the face my recollection we’ve not had to deal heavily congested highways with only of provocations such as being stuck in with anything like this.” four lanes. Generous to a fault traffic, owners of cars covered with The audit will review Environmen- Both roads need to be widened, stickers and trinkets, known as terri- tal Services Department purchases from but the state lacks the money to do so To escape the burden of its tory markers, were more likely to act on January 2006 on and all other county before 2015, at the earliest. gold-plated benefits packages for city their anger by flashing lights, tailgat- transactions within the past year. While using the already paved workers and retirees, Vallejo, Calif., ing, and blocking other drivers. shoulders as an extra lane seems like an is filing for bankruptcy in a federal Drivers with at least one marker Fayetteville ethics panel? obvious solution, state engineers were court, writes Alexis Simendinger of in or on their cars were 15 percent concerned that the Federal Highway the National Journal. more likely to retaliate when they In January, Fayetteville Mayor Administration wouldn’t approve of Vallejo, a mid-sized California felt their territory had been threat- Tony Chavonne said he wanted to the idea. Federal officials have recently city that is home to nearly 120,000 ened. The more markers a car has, form a city ethics panel. Not much indicated that they would OK the added people, can no longer afford high the more aggressively the person has happened since then, reports the lanes. salaries it has provided city workers. tends to drive when provoked. The Fayetteville Observer, though that may The next step is for a consultant to The city’s generous payments to public specific content of the stickers did not soon change. determine what needs to be done to turn safety workers stand apart, even in the make a difference in how aggressive Chavonne proposed the ethics the shoulders into general travel lanes. pricey San Francisco bay area. the driver was. CJ panel in response to the “Ticketgate” The lanes aren’t expected to be open controversy. On Oct. 25, Diana Knight, before late next year, at the earliest. CJ AUGUST 2008 | CAROLINA JOURNAL PAGE 19 Greensboro City Council Approves $200M Bond Vote

By Sam A. Hieb “We received information that was still rely on numbers provided by city would seem to me that, on any of these Contributing Editor inaccurate, and it was very last-minute. It staff to determine what items can be bonds, the voters should know what’s GREENSBORO seems like we continue to struggle with included within that set amount. happening.” he Greensboro City Council numbers. If the numbers in one memo “The only information we have is Wade also wanted to know recently approved a bond refer- or document aren’t correct, we’ll get what staff provides us,” Barber said. whether there was some way of notify- endum of more than $200 million another one, and then we’ll keep getting Councilwoman Trudy Wade com- ing citizens at the voting booth that a Tthat will go on the ballot Nov. 4. But them until you beat us down or wear us plained about misinformation from city “yes” vote on a bond might cause their some council members had questions out. I’m very frus- staff about the property taxes to rise. about the manner in which the pack- trated with that,” transportation “We all know it could make taxes age was put together, which, in turn, is Barber said. bond, which in- go up two-and-a-half cents, but I don’t something Greensboro citizens might B a r b e r Some on council cludes $7 million think voters know that,” Wade said. consider when they are inside the vot- also said council for a proposed City Finance Director Rick Lusk ing booths. members are of- say the manner downtown gre- said the ballot language would generally The bond package includes $134 ten left out of the enway, the total address the possibility that taxes could million for transportation, $50 million loop on crucial in which items cost of which has be raised to offset the debt service, but for an extensive renovation of War decisions. been estimated at more specific language is generally in- Memorial Auditorium, $20 million for “There’s a were approved $26 million. cluded in information the city provides parks and recreation, and $1 million for lot of unofficial for inclusion in Wade said citizens about the bonds leading up to housing. feedback that city staff told her the election. Council members wanted to wait many of us aren’t the bond vote initially that the Wade also addressed the larger to see how Guilford County bonds fared privy to, and de- greenway stood question of how much time had been in the primary May 6 before making a cisions are made, was ‘deceptive,’ alone on the bal- spent discussing the bonds. decision on city bonds. and we show up and that voters lot. “I don’t think we spent any time Voters approved $650 million in to meetings, and Wade said at all on the bonds. I agree with Mike; bonds, which some might think bodes we don’t have don’t understand the first she heard it was a rush job,” Wade said. well for the city bonds. But it made the information, that the greenway While the parks and recreation for a tight schedule when getting the nor do we know that approval will was included on bond served as the focus for Barber’s bonds authorized and setting a public what’s going the transporta- concerns, he also noted that the council hearing. to happen,” he raise taxes tion bond was 10 had spent relatively little time discussing As a result, some council members said. minutes before a all the bonds. complained that there was insufficient City Man- previous coun- “We ultimately as a council — cor- information and discussion about which ager Mitchell cil vote on the rect me if I’m wrong — have spent projects would be included with the Johnson explained that the $10 million bonds, and when she tried to ask city 30 minutes discussing $200 million,” bonds. project was more like a local, enclosed transportation director Adam Fischer Barber said. Councilman Mike Barber made 50-meter pool, as opposed to a regional about the change, he said he didn’t know “What are we supposed to do, the loudest protest at the meeting July swimming facility with appropriate when it occurred. stay here until time is equal to money?” 7. When the parks and recreation bond seating and amenities. At the meeting June 17, Wade Councilwoman Goldie Wells asked. came up for a vote, Barber complained “I didn’t want you to be staked made an unsuccessful motion to pull “No, we didn’t get to explore the his request that a swimming facility be out with the community with the ex- the greenway from the bond and have needs much at all, much as we’re rushed placed in the bond package wasn’t ad- pectation that we were going to pass a it stand alone on the ballot. But at the on the timetable,” Barber said. equately addressed by city staff. Barber bond with $10 million for a facility that meeting July 7, Wade was able to secure Greensboro voters rejected public also said city staff presented him with would not meet the expectation you an assurance from city staff that the lan- funding for a natatorium in 2000, while two cost estimates for the swimming had,” Johnson said. guage on the bond would state that the partial funding for the greenway was facility, one $10 million and the other Barber said that although council greenway was part of the deal. included in the $20 million county parks $20 million, which is the entire amount members set the bond amount before “It’s a little bit deceptive, since the and recreation bond voters rejected of the bond. deciding on the individual items, they greenway is on there,” Wade said. “It May 6. CJ Help us keep our presses rolling

Since 1991, Carolina Journal has provided thousands of readers each month with in-depth reporting, Publishing a newspaper is an informed analysis, and incisive commentary about the most pressing state and local issues in North expensive proposition. Just ask the Carolina. Now Carolina Journal has taken its trademark blend of news, analysis, and commentary many daily newspapers that are having to the airwaves with Carolina Journal Radio. A weekly, one-hour newsmagazine, Carolina Journal trouble making ends meet these days. Radio is hosted by Mitch Kokai and Donna Martinez and features a diverse mix of guests and topics. It takes a large team of editors, The program is currently broadcast on 18 commercial stations – from the mountains to the coast. The reporters, photographers and copy Carolina Journal Radio Network includes these fine affiliates: editors to bring you the aggressive investigative reporting you have be- Albemarle/Concord WSPC AM 1010 Saturdays 11:00 AM come accustomed to seeing in Carolina Asheville WWNC AM 570 Sundays 7:00 PM Journal each month. Burlington WBAG AM 1150 Saturdays 9:00 AM Chapel Hill WCHL AM 1360 Sundays 6:00 PM Putting their work on newsprint and Fayetteville WFNC AM 640 Saturdays 1:00 PM then delivering it to more than 100,000 Gastonia/Charlotte WZRH AM 960 Saturdays 2:00 PM readers each month puts a sizeable Goldsboro WGBR AM 1150 Saturdays 6:00 PM dent in the John Locke Foundation’s Hendersonville WHKP AM 1450 Sundays 6:00 PM budget. Jacksonville WJNC AM 1240 Sundays 7:00 PM Newport/New Bern WTKF FM 107.3 Sundays 7:00 PM That’s why we’re asking you to help Salisbury WSTP AM 1490 Saturdays 11:00 AM defray those costs with a donation. Siler City WNCA AM 1570 Sundays 6:00 AM Just send a check to: Carolina Journal Smithfield/Selma WTSB AM 1090 Saturdays 6:00 AM Fund, John Locke Foundation, 200 W. Southern Pines WEEB AM 990 Wednesdays 8:00 AM Whiteville WTXY AM 1540 Tuesdays 10:00 AM Morgan St., Suite 200, Raleigh, NC Wilmington WAAV AM 980 Saturdays 4:00 PM 27601. Winston-Salem/Triad WSJS AM 600 Saturdays 12:00 PM We thank you for your support. For more information, visit www.CarolinaJournal.com/CJRadio John Locke Foundation | 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 PAGE 20 AUGUST 2008 | CAROLINA JOURNAL

From the Liberty Library Book review

• George Washington oversaw War Thrusts Surprising Characters to the Fore two startups — the U.S. Army and the presidency. He chaired the most * Bruce Chadwick: 1858: Abraham Lin- denied. Of these four, only Seward was important meeting in American coln, Jefferson Davis, Robert E. Lee, Ulysses in a better position three years later. history — the Constitutional Con- S. Grant and the War They Failed To See; Brown was hanged in 1859, Douglas vention. He rose from being a third Sourcebooks; 2008; 355 pp. died before the First Battle of Manassas, son who was a major in the militia and Buchanan became a political cipher. to one of the most famous men in By Hal Young Seward became Lincoln’s effective secre- the world. Contributing Editor tary of state, keeping England and France Now, Richard Brookhiser ex- RALEIGH out of the war and later negotiating the plores how Washington’s struggles he nagging question of American purchase of Alaska from the czar. and successes 200 years ago can be history is why a nation “conceived The other men featured in the book a model for leaders today. in liberty” by men as brilliant as Jef- had a decidedly glum year. Robert E. George Washington on Leadership Tferson and noble as Washington couldn’t Lee was on an extended furlough from is a textbook look at Washington’s resolve the issue of slavery in the two a dead-end Army career, trying to sort three spectacularly successful careers generations following. Instead, the na- out the devilishly complex estate of as an executive: general, president, tion collapsed like a burning house. In his father-in-law and contemplating and tycoon. Brookhiser explains his book, 1858: Abraham Lincoln, Jefferson resigning his commission for the life how Washington maximized his Davis, Robert E. Lee, Ulysses S. Grant and of a planter. William Sherman, on the strengths and overcame his flaws, the War They Failed To See, journalist and other hand, had already left the army and inspires us to do likewise. More historian Bruce Chadwick profiles seven at the insistence of his wife, then lost at www.perseusbooksgroup.com. men who rose to unexpected prominence a respectable banking position when with the coming of the war. the company collapsed. Sherman was He believes 1858 was when the scratching for income, selling provisions • The advent of the digital age combustible material was stacked to immigrants in Kansas and yearning once seemed to promise an intel- around the foundation, and the Caesar to be back in uniform. Jefferson Davis lectual renaissance in America — a who fiddled while the Republic burned nearly died from an outbreak of herpes- virtual symposium of bright, learned become the spokesman for the moderate was the aggressively inept President related keratitis that left him blind and and intellectually sophisticated wing of the antislavery movement, and James Buchanan. Nominated as a com- debilitated for months on end, and then young adults using the “information he was likewise the assumed candidate promise candidate in 1856 to conciliate suffered a surprising political backlash superhighway” to become better for the Republicans in 1860. His speech North and South, he instead presided from a pleasant vacation in Maine. educated and informed than any warning of an “irrepressible conflict” over the dissolution of the Union. The Chadwick teaches both history previous generation. over slavery went off like artillery in author acknowledges that Buchanan’s and journalism, and it shows in his writ- But as test scores and dropout newspapers around the country, and incompetence did not bring about the ing. His narrative style reads well, and rates reveal, the great enlightenment he began to believe the people had breakup, but he shows that the president while he foot- never happened. finally grasped refused to see it coming and ultimately notes, there are Mark Bauerlein explores this the importance did nothing to stop it. Instead, he blithely no gems hiding unfortunate reality in The Dumbest of the antislavery asserted that the Dred Scott decision had in the end matter Generation: How the Digital Age Stupe- cause — and his The author teaches settled the slavery controversy, engaged leadership role — the story is out fies Young Americans and Jeopardizes in warmongering in Paraguay, and plot- in it. In a remark- both history front and acces- our Future. ted the political ruin of fellow Democrat able example of sible. There are Bauerlein explains that while Stephen Douglas. political hubris, and journalism, some interesting young Americans’ technological Douglas ran a strong battle against though, the exul- surprises, such savvy is growing, their knowledge Buchanan for the 1856 presidential nomi- making this volume tant Seward left as the depth of retention is shrinking, leaving them nation, and although he finally dropped the country for a friendship seen drastically uninformed about basic out of the race and called for party unity an easy read eight-month tour between men scientific, political, and historical behind Buchanan, even contributing of Europe, not with no surprises who were stri- facts. Visit www.penguingroup.com $42,000 to Buchanan’s campaign him- realizing the in- dent political to find out more. self, the ungrateful president snubbed roads that Lincoln hidden in endnotes opponents. Lin- him from the start. Subsequently, when and two other coln mourned Buchanan called for bringing Kansas R e p u b l i c a n s , over the death • The debate over whether sci- into the Union as a slave state, Douglas Salmon Chase of Douglas, and ence proves or disproves a Designer contended the proposed constitution and Edwin Stanton, would make on Seward made daily trips to sit by the is far from new. But as time goes on, did not represent the will of the majority his electoral base in his absence. sickbed of his friend Davis. even scientists who are professed there. The president never forgave the atheists have found themselves ad- Lincoln turned from the Senate Davis receives an unusually posi- senator’s opposition and wasted much tive portrayal. He was an indulgent slave mitting that the world they study is of 1858 on a personal vendetta. Douglas election with the characteristic quip, “It master and seemed to believe most unlikely to have come from chance. was ready to give as good as he got. “By hurts too much to laugh, and I am too of them were like himself, but Lee is In The Cell’s Design: How Chem- God, sir, I made Mr. James Buchanan, old to cry.” Later, though, he said it was portrayed as coldly patrician. Ulysses istry Reveals the Creator’s Artistry, bio- and by God, sir, I will unmake him,” he “a slip, and not a fall.” Not only had he S. Grant, contra the book’s subtitle, ap- chemist Fazale Rana explains how exploded to one journalist. successfully kept slavery in the forefront pears in only five paragraphs, as a cross startling discoveries about the cell Douglas, of course, had more local of the Senate race, he had gained himself offer new and powerful scientific evi- challenges to deal with and spent the a place in the national spotlight. reference, an endnote, or during 1858, dence of a supernatural basis for life. summer debating Abraham Lincoln Douglas and Seward are almost bemoaning his poverty with Sherman Among other issues, Rana across the state. Chadwick devotes two the only characters in the book who in Kansas. describes a series of biochemical chapters to the debates and the wide- ended the year 1858 with reasonably Overall, 1858 provides a different discoveries that indicate the work spread interest they provoked. Douglas bright prospects in view. Of course, perspective on the surprising turns that of design and responds to one defended his seat from Lincoln by the both were mistaken. Two more with the history and biography make as they of the most common challenges narrowest of margins, and at year’s end same confidence were simply deluded progress through time. Who, in that leveled against arguments for an he was seen as the presumptive Demo- — the blindly incompetent President year, could have predicted the future intelligent first cause: imperfec- cratic nominee for president in 1860. Buchanan, staunchly declaring the end of any of these men? Only a prophet tions found in nature. Learn more William Seward held the same of national conflict over slavery, and — and the man proclaimed as such went at www.bethanyhouse.com. CJ ambition in the other party. The eloquent the abolitionist zealot John Brown, who to the gallows before the first cannon Republican senator from New York had intended to spark the violence Buchanan was fired. CJ AUGUST 2008 | CAROLINA JOURNAL PAGE 21 Returning Students Have Great Resource in N.C. History Site

n August, N.C. students will head of the first African-American to defeat convened in Buncombe County at the the wartime era, it never persuaded back to school, and history stu- a white opponent in a 20th-century courthouse and established the North the state legislature to pass a bill dents will have a great resource: election in a Southern city, and the Carolina Equal Suffrage Association. granting universal suffrage or even to INorthCarolinaHistory.org. The online history of the North Carolina Equal For the first 20 years, the asso- ratify the 19th Amendment. In 1920, encyclopedia of the Tar Heel State Suffrage Association. ciation remained almost inactive, but Tar Heel women obtained suffrage be- continues to grow During the 1890s, North Caro- when it became part of the National cause the necessary number of states, as new entries linians witnessed an era of contested American Woman Suffrage Associa- 36, had ratified the 19th Amendment address familiar politics. The decade included the tion in 1913, the association became and made it part of the U.S. Constitu- topics and little- formation of the first suffragette orga- a political influence in North Caro- tion. North Carolina, as historian Wil- known ones. nization in the state. lina. In 1915, the association found liam Powell writes, “in a meaningless A new theme Since the Seneca Falls Conven- sponsors to introduce a bill allowing action, finally ratified the amendment is “governors of tion held in New York in 1848 and women to be notary publics. The bill in 1971.” North Carolina.” its “Declaration of Sentiments and passed both houses, but the state For more information regarding Other publications Resolution,” women’s rights advo- Supreme Court declared it to be an the association and women’s suffrage, offer histories of cates across the nation demanded that unconstitutional act. see “Documenting the American N.C. governors, political and civil liberties be granted In 1915, the association also South, Proceedings of the Second An- but NorthCaro- TROY to women. During the mid-to-late 18th linaHistory. KICKLER century, some states granted women found two sponsors, one in each nual Convention of the Equal Suffrage org is different. the right to vote. In 1869, Wyoming house in the legislature, to introduce Association of North Carolina Held Its contributors became the first to do so. an Equal Suffrage Bill. Even though at Battery Park Hotel Asheville, N. C. emphasize how each governor inter- Women’s suffrage remained a both houses defeated the bill, the October, 29th, 1915” (http://docsouth. preted the proper role of government. controversial issue and extremely so association’s leadership remained op- unc.edu/nc/suffrage/suffrage.html); Current postings include 20th-century in North Carolina. Although women’s timistic at the 1915 convention. With William S. Powell, ed., Encyclopedia governors such as James G. Martin, rights advocates asked for national a national affiliation, the association of North Carolina History and North Thomas W. Bickett, and O. Max Gard- suffrage, it was granted in many states grew in influence and membership Carolina Through Four Centuries; Milton ner and also 19th-century governors only in municipal elections. Women’s to 1,000 by 1917. During World War Ready, The Tar Heel State: A History of such as William Hawkins, Tod Robin- suffrage sparked controversy, and I, when some women’s rights groups North Carolina; and Francoise The- son Caldwell, and Benjamin Smith. many politicians wished to ignore it participated in militant actions and baud, ed., A History of Women: Toward New postings also include es- rather than address the issue. Dur- protested outside the White House a Cultural Identity in the Twentieth Cen- says dealing with the effects of the ing the latter half of the 18th century, and called the president “Kaiser Wil- tury. CJ Voting Rights Act of 1965 in North women’s suffrage associations formed son,” the association used nonmilitant Carolina, the political debate concern- across the Union. One did not form tactics. Troy Kicker is director of the North ing the state government’s coopera- in North Carolina, however, until Although the association played Carolina History Project (www.northcaro- tion with private companies, the story 1894. That year, 45 women and men an active role in N.C. politics during linahistory.org). Stay in the know with the JLF blogs Visit our family of weblogs for immediate analysis and commentary on issues great and small mmm$@e^dBeYa[$eh] 9"1,Ê" Ê" Ê/ Ê7 Ê",ÊÊ The Locker Room is the blog on the main JLF Web site. All JLF employees and many friends of the foundation post on this site every day: http://www.johnlocke.org/lockerroom/ ",/Ê
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The John Locke Foundation, 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 PAGE 22 AUGUST 2008 | CAROLINA JOURNAL

Short Takes on Culture Movie review ‘Dark Knight’ Worth the Hype ‘WALL-e’ Supremely Entertaining • WALL-E; Directed by Andrew Stan- • “The Dark Knight” primarily Christianity, is on its last ton; Disney/Pixar; Released June 27; 1 Warner Bros. Pictures legs in America. hour, 38 minutes. Directed by Christopher Nolan In his book, D’Souza men- tions John Locke and the idea of By John Calvin Young he newest installment in the religious freedom. Locke and other Contributing Editor Batman series leaves all its early modern thinkers were sincere RALEIGH predecessors in the dust. After and practical Christians who were isney/Pixar’s latest animated Tthe events of the last film, “Bat- disgusted by the abuses that had odyssey opens to a much bleaker man Begins,” we find Bruce Wayne occurred in the name of Christian- world than the one outside the (Christian Bale) living in a hotel while ity. The idea of religious freedom Dtheater doors. Wayne Manor is being rebuilt, but he was instrumental in the founding A shell of abandoned satellites still continues to serve Gotham as the of America. Even Thomas Jeffer- rings a wasted Earth mounded in trash Caped Crusader. son, one of the least religious of the and studded with spent nuclear reactors This chapter is not a remake of founders, argued that religious faith and empty cities. The sky has taken on the original Batman with Jack Nich- was the very foundation for liberty. a copper hue from the continual dust- olson’s Joker, but a brand new story D’Souza gives insight into storms, and even the ultramodern transit in which the villain is more twisted, why atheists fear the Big Bang The- systems and starports are empty and dark, and sinister. Personally, Heath ory, why Christianity is the main windblown. When the Earth’s pollution Ledger didn’t seem to be the kind of underpinning of Western Civiliza- accumulated to an unlivable level, the actor that should take on a role such tion and the root of our most cher- humans boarded cruise-ships-to-the- as this, but he soon smashed all my ished values, and why Christianity stars and left an army of Waste Allocation preconceptions. is the ultimate defense of man’s free Load Lifter-Earth Class robots to deal to recover the plant and complete her The Joker returns in this movie will. I would encourage anyone to with the ruined planet. mission, is touching. It raises interest- to help the mob, which is continually read this book as an insight into the The only problem is the project ing questions about robot romances but being harassed by new district attor- importance Christianity has played failed. Only one robot still works on, plays out well in the movie. ney Harvey Dent (Aaron Eckhart) and in the modern world. and he is lonely. WALL-E, voiced by The underlying themes are more Batman. The role of the Joker and his — MICHAEL MOORE Ben Burtt, toils cheerfully during the problematic, though. Humans are minions seems to be that of a deranged day, but spends his evenings wondering depicted as finally having ruined the cleanup crew, where they weed out a what it would be like to have a friend. earth with nuclear reactors, oil tankers, few snitches, take a couple hostages, • Stupid Black Men Pollution-ruined robots dot the land- satellites, and the excess of consumer- and bring fear back to a city that was By Larry Elder scape, and WALL-E’s only companion ism — symbolized by billboards on the thought safe. St. Martin’s Press is a cockroach. moon. The film issues a strong indict- An obsession also occurs be- When an inquisitive Extraterres- ment against modern society, portray- tween the Joker and Batman in which With a title like this, Larry Elder trial Vegetation Evaluator, a gorgeous ing the human race as a selfish horde of the Joker takes it upon himself to try is bound to generate some contro- but sharp-tempered space probe named consumers focused solely on leisure and to twist Batman from a hero into a versy. Of course, any book written by EVE, Elissa Knight, suddenly drops into entertainment. BNL, the global corpora- murderer. Batman is forced to make a conservative African-American will his environment, he is instantly smitten. tion that built and operates the Axiom, is a choice in whether or not he can do that. But Elder, a radio talk show He takes her to his “home” to show her actually short for “Buy-N-Large.” Every justify killing to protect the city and host out of Los Angeles, particularly the oddities he has collected in his work. human on board the starship lives in a those closest to him. takes off the kid gloves in Stupid When she finds a seedling in his hoard, motorized hoverchair, their every whim The movie takes more from the Black Men: How to Play the Race Card though, she collects the plant and goes supplied by the robot stewards. Virtual later comic books and graphic novels — and Lose. into hibernation. When her carrier rocket golf and tennis are common pastimes on than the older cartoons. The all-star With each passing chapter, returns to pick her up, WALL-E stows the Axiom, but few of the grotesquely cast makes a large contribution with Elder diagnoses what he thinks is away as the spaceship leaves for the obese passengers even know that there no one falling short of anyone else. wrong with the black community in Crab Nebula. is a real swimming pool aboard. Some stand out more than others, and modern-day America and what can When the robots and their precious These adverse impressions are if you were impressed by Christian be done to turn the tide. No sacred plant reach the Axiom, an immense mitigated somewhat by a plot that Bale in his first try, be prepared to cow is left untouched: not leaders starship sheltering the human race, pushes the humans finally to develop see him move to the back burner by like Jesse Jackson and Al Sharpton, they encounter another troubled world. some muscle and that shows the en- Ledger’s deranged performance that not sports figures, not the education Waited on hand-and-foot by a crew of vironment finally becoming habitable can only be described as, “Heaven or criminal justice systems, not even obsequious robot stewards, the humans again. Political jabs are less balanced, wrapped in bacon served on a silver racism and Katrina. have lived a life devoid of physical exer- though. The briefing room of the White plate.” Yes, racism still exists in Amer- tion or personal responsibility. They are House is shown twice, with the BNL — JOEL GUERRERO ica, Elder says, but it is practiced by unable even to act for their own good. logo substituted for the Great Seal, as a minority and no longer has insti- EVE’s plant, like the olive sprig the the former CEO of BNL, Fred Willard, tutional power. That means you can dove returned to Noah’s ark, indicates issues disastrous advice in a heavy Texas • What’s So Great About Christianity? succeed regardless of your skin color, that Earth can support life again and accent, urging his listeners to “stay the By Dinesh D’Souza but it takes that ugly four letter word: humanity can return. The robots are not course” in a not-so-subtle comparison Regnery Publishing work. Elder has little sympathy for so ready to relinquish their power, and to President Bush. those who say racism permeates every a colossal struggle erupts over who will These environmental and societal While some might think that part of American society and prevents control the plant. EVE and WALL-E must premises have a decidedly alarmist slant, the anti-Christian movement is minorities from excelling. race against time to rouse the humans if but the actual plotline balances it to a growing stronger, Dinesh D’Souza “The formula for success is they are ever to return to Earth. large degree. The characters are mas- writes in his recent book What’s So simple: work hard, make sacrifices, WALL-E is a personable little ro- terfully drawn, and Pixar’s animation Great About Christianity? that it has focus on education, delay gratifica- bot, and his cheerful labor and innocent is flawless as always. Taken altogether, been Christianity that has held soci- tion, avoid bad moral mistakes, and curiosity will endear him to viewers. “WALL-E” is a supremely entertaining ety together for so many years. maintain optimism,” Elder writes. EVE is initially cold, until she replays film, with more serious themes. It will The basis of D’Souza’s book Nothing could be more Ameri- her memories of Earth for the starship be enjoyed by all ages, and well deserves is to rebut the atheists who would can. captain and realizes the little things a place next to “Finding Nemo,” “The have us believe that religion, but — DAVID BASS CJ WALL-E did for her. Her subsequent Incredibles,” and “Cars” on the family devotion to WALL-E, who risks his life DVD shelves. CJ AUGUST 2008 | CAROLINA JOURNAL PAGE 23 Author’s Epiphanies Turn Him Into a ‘Grumpy Tourist’

* Tony Horwitz: A Voyage Long and that Norse scholar most nonexistent the South, and the Mississippi, Horwitz Strange: Rediscovering the New World; Thomas McGov- phone service. As turns to the east coast and the settlement Henry Holt and Company; 445 pp; ern makes the case he quickly learns, at Roanoke. Unfortunately, Horwitz’s $27.50. that all invasive Columbus is not discussion of the Lost Colony and Sir species struggle to revered in the Do- Walter Raleigh will not endear himself By Melissa Mitchell survive. Certainly, minican Republic; to North Carolinians, but there is a Contributing Editor Horwitz’s adven- in fact, even say- lot of history revealed about Roanoke RALEIGH ture in Newfound- ing his name is Island. “The colonists were not lost, fter reading the book jacket of land illustrates the considered bad they were abandoned,” Horwitz says. Tony Horwitz’s latest book, A harsh conditions luck, which makes He then tells how circumstances led to Voyage Long and Strange: Redis- the Vikings en- it difficult to gain the abandonment. He also provides a Acovering the New World, I felt some relief dured, which is historical infor- wealth of information about the Roa- about my lack of knowledge of American what Horwitz il- mation or locate noke natives. history. Horwitz has been a history buff lustrates through- historical sites. In Chapter 12, Horwitz tells the since childhood and even majored in out his book. But even as Hor- true story of the Jamestown settlement. history at Brown University, but a trip to From New- witz deals with Like Plymouth and the Thanksgiving Plymouth Rock and a chance remark by foundland, Hor- the difficulties of story, the stories related in elementary a park ranger reveals that he had a third- witz turns to Co- travel and getting schools across the United States and grader’s knowledge of early American lumbus’ voyage. information, he in the Disney movie have little resem- history. Somewhere between Columbus’ Studying the lit- provides historic blance to the true story of John Smith landing in 1492 and the Pilgrims in 1620, erature on Colum- information about and Pocahontas. Horwitz says, he lost 128 years. bus took months the settlement of By the time Horwitz returns to He then asks, “Did nothing hap- because there are more books devoted to the Dominican Republic and the sur- Plymouth three years later, he no longer pen in between?” This question sends Columbus’ memory than there are about rounding islands. He also provides a sees Plymouth as the cornerstone of early Horwitz on a voyage that retraces the Alexander the Great, Leonardo da Vinci, look at the emergence of slavery in the America. He sees it as the “capstone of steps of the early American explorers or Hitler. Yet, according to Horwitz, even Americas. As the native Indian laborers the cairn erected by all those who came and covers America from Newfound- with all of this scholarship, Columbus died off, or escaped to other areas, Afri- before.” He becomes a grumpy tour- land to Mexico. remains a mystery. “Columbus himself can slaves were brought to the islands ist, who has to resist quibbling with Most Americans blindly accept the invited it. He masked his own story,” to fill the void. shopkeepers and whose T-shirts say story of the Pilgrims landing at Plymouth Horwitz says. Turning to Columbus’ Horwitz discusses many of the “America’s Home Town” and setting Rock as the beginning of U.S. history. But, own writing was little help because no Spanish explorers, but the most fascinat- tourists straight about pre–Mayflower as Horwitz quickly points out, the Span- two translations agreed and others were ing one is Cabeza de Vaca, who Horwitz history. ish were already a force in the New World untranslatable. However, Horwitz still says, “took a cross-country trek that Throughout the book Horwitz 100 years before the Pilgrims arrived in manages to present a wealth of informa- made Lewis and Clark’s expedition, provides historical information about Plymouth. Even Jamestown in Virginia tion about the man, his ships, and his three centuries later, look like a Cub the founding and settlement of America. preceded Plymouth by 13 years. voyage to the New World, which will Scout outing.” Cabeza de Vaca’s route He shows the determination and hard- Horwitz’s journey begins in New- surprise and delight history buffs. took him from Florida, along the Gulf ships faced by the New World settlers. foundland, where there is archeological In his effort to trace Columbus’ of Mexico through Texas, and through There are some things that seem more evidence that the Vikings journeyed from journey, Horwitz heads to the Domini- Mexico to the Gulf of California. During hype than historic. For example, the Greenland to Newfoundland in 1000 AD. can Republic, where the Spanish had a this journey, Cabeza de Vaca becomes sweat hut in Newfoundland, which Many historians see the Norse settle- presence a full century before the English like a wild native. Horwitz then takes his seems more like a 1970s or ‘80’s hippie ments in Greenland and Newfoundland settled Virginia or Massachusetts. The readers on a southwest trek that mirrors invention. Horwitz also traces the his- as failures, but Horwitz disagrees, noting Dominican Republic tourist industry the path of Coronado’s march through tory and current status of the surviving that while Europeans rarely sailed out will not be happy with the picture Mexico, Arizona, and New Mexico — a American Indian tribes. of sight of their continent, the Vikings Horwitz paints of the country: the heat, journey that Horwitz notes is difficult Unfortunately, like many current were venturing out in boats without a the blackouts, the dreadful hotels, the even by car. books, the author found it necessary to sextant or a compass. Horwitz also notes difficulty renting a decent car, and the al- Finally, after discussing the Plains, include some unneeded language. 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 President of the John Locke Foundation By George C. Leef Vice President for Research at the John William Pope Center for Higher “[Selling the Dream] provides a Education 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 AUGUST 2008 | CAROLINA JOURNAL

LETTER TO THE EDITOR N.C. League Works In Cities’ Best Interests To the editor, officials. There currently are nine registered lobbyists for the League, In response to the article in but some of these do not lobby in your April issue, I want to provide the General Assembly. They work your readers with some factual in- with the Department of Environ- formation about the N.C. League of ment and Natural Resources, staff Municipalities. Municipal officials of the retirement system, the N.C. in our 542 member cities and towns DOT and many other departments, have chosen to pool their resources commissions and agencies of state through their League to realize government. They work on a wide economies of scale and cost savings. variety of issues, such as transporta- We thus avoid the need to duplicate tion, who should control where cell areas of expertise. towers are built, whether collective The NCLM has 96 authorized bargaining with public employee positions (employees) and of these, unions should be mandated, water more than half work exclusively and sewer issues, and gang preven- EDITORIAL in our three insurance programs, tion. handling claims, underwriting, and Advocacy, or lobbying, is just related functions. Additional staff part of the work responsibilities for members in these staff Sometimes It’s Better other depart- members. ments, such They also as finance and answer legal To Be Sick Than Dead information Size of League inquiries, pro- technology, staff affected by vide training, he poison that makes you sick is time to consider a “disapproval bill,” work primar- perform the better than the poison that kills a bill that would overturn the EMC’s ily on the the number of legal work of you.” decision. S.B. 1967 started its life as insurance the League, TThat analogy hardly sounds like a “disapproval” bill. But that’s not programs. services provided advise the a ringing endorsement for legislation. the legislation that wormed its way Our for members insurance But it was the best argument Rep. Pat through the legislative process. League staff programs on McElraft, R-Carteret, could find to S.B. 1967 represented a com- may be larger legal issues, support Senate Bill 1967. promise developed after regulators, than that of serve as staff S.B. 1967 sets more stringent environmental groups, developers, other states to affiliate or- development restrictions within North local governments, and others spent because of the size of our insurance ganizations and write publications. Carolina’s 20 coastal counties. The more than 30 hours haggling in public operations. Some of facts stated in The positions advocated by restrictions’ stated goal is reduced pol- meetings (and even more hours in the article, however, are incorrect. League staff members are those lution from stormwater runoff. private discussions). The Virginia Municipal League adopted by municipal officials Many lawmakers supported the The bill tightened some existing (VML) has at least 74 staff members after a thoughtful policy develop- bill but disliked the restrictions. They restrictions but diluted the EMC’s pro- including their insurance opera- ment process. This process includes would rather have seen new rules die posals. Supporters contended the bill tions, for example. Your article cited work by committees comprised of on the vine. What drove support for was the only sure bet to win approval a group stating that the VML has a officials representing all areas of the S.B. 1967 was fear of even more bur- — even halfhearted approval — from staff of four. state, and cities and towns of vary- densome regulations. all stakeholders this year. Without Our League offers many ser- ing sizes and differing interests. Wait a minute, you say. If the acceptable legislation, the EMC rules vices to member cities and towns, We know that some individu- Assembly does nothing, isn’t coastal would have taken effect as soon as including answering inquiries, als disagree with our membership’s North Carolina left with the status lawmakers left Raleigh for good. research, publications, conferences position on annexation and perhaps quo? How can new restrictions take Proposed EMC stormwater rules and training, management assis- on some other issues. Please know effect with no legislative action? have generated controversy in the tance and advocacy. Additionally, that our League policies are based Answers to those questions in- halls of the legislature during three of two staff members of the N.C. on our best judgment of what is in volve North Carolina’s Environmental the last five years. Perhaps the third Metropolitan Coalition, a group of the best interest of the municipal Management Commission. Appointed time will prove to be the charm that the state’s largest cities, are a part residents of North Carolina for the by legislative leaders and the gover- changes the process. It should disturb of the League staff, and we provide long term. We believe that economi- nor, EMC members never face elec- any property owner that he has no support services (financial, meet- cally vital cities and towns are cru- tion. Taxpayers and property owners recourse to hold members of the EMC ing planning, member services) cial to the future of North Carolina cannot take direct steps to hold EMC accountable. Equally disturbing is the to about a dozen affiliated profes- and will continue to work through members accountable. fact that EMC rules so often run afoul sional associations and constitu- our organization, the N.C. League EMC stormwater rules adopted of legislators who do face public scru- ency groups. Cost-saving programs of Municipalities, on behalf of our earlier this year sparked protests from tiny at the ballot box every two years. offered to member municipalities residents and for a better North coastal developers, property owners, What’s most discouraging is the through our organization help save Carolina. and local governments. Once oppo- current scenario. The objectionable tax dollars. Susan Burgess nents generated 10 protest petitions, EMC stormwater standard is the “de- State statutes require that we Mayor Pro Tem state law delayed the EMC’s plan. fault setting.” Lawmakers can allow it register staff members as lobby- Charlotte, N.C. The protest petitions triggered a state to take effect or scramble to come up ists when they interact with des- law that blocked implementation of with something better. ignated state officials. These state Susan Burgess is the 2007-08 new stormwater rules until after the The choice between the “poison officials include not only legisla- president of the N.C. League of Munici- 2008 legislative session that ended in that makes you sick” and the “poison tors, but also a wide range of state palities. mid-July. that kills you” is not a choice North That law also gave lawmakers Carolina ought to have to make. CJ AUGUST 2008 | CAROLINA JOURNAL PAGE 25

EDITORIALS COMMENTARY An Ill-Used Tax Legislation Seeks Use car-rental tax for something practical To Bully Employees f the Triangle Transit Authority is true believers, that the envisioned he proposed Employee Free advocate the card-check bill would going to continue getting millions system wasn’t going to receive federal Choice Act would deprive mil- be the first to complain if a state of dollars from the local tax on car funding. The forecasted ridership and lions of American workers of or foreign country got rid of secret Irentals, there are certainly worse ways effect on vehicular traffic were too Ttheir freedom of choice — proving, ballots. They’d proper recognize the to spend the money than investing in small to justify federal dollars. in case anyone ever doubted it, that move as a precursor to ostracism, in- new buses and vans. The best idea would have been there is no truth-in-labeling rule in timidation, or corruption. But when Like continuing to buy land for to repeal the car-rental tax altogether. politics. it comes to labor elections, train stops. It never made sense to force rental-car The federal legisla- they appear to believe that With $4 gasoline, demand for consumers — not just visitors but also tion, pushed heavily by the end justifies the means. transit service is understandably up in local businesses and people awaiting labor unions in Wash- What they’ll really get is a the Triangle area and in other North car repairs — to finance a dispropor- ington and the states, voting system reminiscent Carolina metros. Some of the in- tionate share of local transit develop- would, among other of Zimbabwe or Turkmeni- creased demand comes from “choice” ment. things, institute a system stan. riders, those who own automobiles But government agencies rarely for union organizing that As it happens, I think but can be induced to ride buses or stop collecting taxes or cease opera- is innocuously referred to the best policy for the vanpools if fuel costs and traffic con- tions of their own accord. TTA doesn’t as “card check.” Rather federal government would gestion are high enough. run local bus systems, which remain than holding workplace be utter neutrality about Although political activists and under the control of municipalities, elections by secret ballot, JOHN the hows and wheres of environmental extremists are prone to but it does provide regional service. It as is the current law, card HOOD labor organizing. Unions exaggeration about transit ridership isn’t going away anytime soon. check would require would be free to organize — even huge percentage increases on The next-best policy, then, would union organizers simply themselves in any way they a tiny denominator still translate into be for TTA to spend the tax dollars on to collect enough signed cards to wish, workers would be free to join only a small number of folks commut- assets that have immediate, practi- establish union representation in a or not to join them according to the ing by transit — there is no doubting cal uses and won’t lose most of their given workplace. unions’ rules, and employers would the trend. value in the future if economic condi- Unions want to change the be free to recognize a union or rules of labor law because they can’t disregard it altogether, without any For years, TTA spent the car- tions change. organize many workplaces under governmental involvement. Work- rental taxes to help purchase right- Plowing more money into rail the current law. If you have young ers would be free to withhold their of-way for its planned rail system preparation fits neither bill. Buses and children or have spent much time labor if they wish, and employers linking North Raleigh, via Cary, to the vans do. Right now, they can be pro- around them at the playground, would be free to terminate them and Research Triangle Park and Durham. ductively employed to carry willing you’ve seen this behavior before. hire other workers if they wish. Then it became obvious, even to the customers. CJ While they’re playing a given game, Unfortunately, that’s not the everything’s fine. system we have, But then a child Goal of Employee nor are we likely to loses, gets disap- get it anytime soon. pointed, and turns Free Choice Act Under decades-old Medicaid in Florida sullen. “That’s not is anything but labor law, unions fair!” he’ll scream can use the power out petulantly. You free choice of government to ‘Empowered Care’ may provide lessons can explain that fair enforce their dictates rules are meant to for employees and supervise their here is no easy answer to the goals of the plan, including increased ensure that every- negotiations with challenges facing North Caroli- choice, patient satisfaction, and fiscal one gets a chance, employers. So it na’s Medicaid program — qual- restraint: not to ensure a particular result, but becomes necessary for policymakers Tity, access, and expense to taxpayers, • After the reform plan was you’ll likely be wasting your time. to have a say in setting the rules for for starters — but policymakers in implemented, the number of man- Kids pretty much have to outgrow workplace elections. Raleigh ought to be looking south- aged-care options increased from 15 the phase. In North Carolina, Sen. Eliza- ward to a promising pilot in Florida to 22 in Broward and Duval counties, Unless they go to work for a beth Dole and other Republican law- for ideas on how to proceed. including a specialty network serv- labor union. makers will speak out against the Former Gov. Jeb Bush and the ing children with chronic conditions. Most Americans have no inter- card-check legislation next month at Florida legislature crafted a demon- Many of the pre-existing plans intro- est in joining a union, much less in an event in Hickory. The stakes are stration program three years ago and duced new coverage options, as well. being compelled to pay dues into significant in our state, which has got approval from Washington to • In the first year of operation, a union whether they join or not. If one of the lowest rates of unioniza- proceed in the Jacksonville area and expenditures for the elderly and your goal is to arrest the continu- tion in the country. According to several other counties. disabled component of the Medicaid ing decline of private-sector union- an analysis earlier this year by the Called “Empowered Care” by caseload came in at nearly 8 percent ism, the rules of the game must be Heritage Foundation, some 3.1 mil- Florida leaders, the program gives below the authorized budget. changed. While workplace elec- lion North Carolina workers could Medicaid recipients a set amount of • The program gives all Med- tions are discrete events, with clear lose their freedom of choice if the money per month, adjusted by health icaid recipients “enhanced benefit results, card-check campaigns are so-called Employee Free Choice Act risks, with which to enroll in private accounts” from which they can spend ongoing. They also essentially force were enacted into law. health plans. Recipients also receive cash on additional services. The state employees to declare their sympa- And all to satisfy the per- counseling on how to choose among then credits these accounts as enroll- thies openly, which allows union sonal and political interest of a few the various options to find coverage ees provide proof of such activities as activists to focus their efforts on the juvenile malcontents and adolescent and provider networks best suited to annual physicals and vaccinations. noncompliant and “persuade” them bullies. Adult intervention is war- their family’s needs. It’s too soon to declare Florida’s to go along. ranted. CJ Just two years into the imple- Medicaid reforms an unqualified suc- Again, think back to your play- mentation, it’s too early to draw cess. But it’s not too soon for North ground days and remember how definitive conclusions about Florida’s Carolina and other states to start bullies act. Hood is president of the John Medicaid reform. But there are several tracking the pilot closely and looking Many of the politicians who Locke Foundation. indicators of progress toward the for valuable lessons. CJ PAGE 26 AUGUST 2008 | CAROLINA JOURNAL

EDITORIAL BRIEFS Why oil prices will tank

rguments that $4-a-gallon gas, or higher, is here to stay are dead wrong. High- flying tech stocks crashed. The roaring Ahousing market crumbled. Oil, rest assured, will follow the same path down, says Shawn Tully, editor-at-large of Fortune magazine. Basic economics dictates that the only ques- tion is when prices will decline, Tully says. The same forces contributing to the jump in oil prices are causing a classically unstable market that’s destined for a steep fall. A big swath of the market isn’t really pay- ing $125 a barrel often quoted in the media. In China, India, and the Middle East, governments are heavily subsidizing oil for their consumers and corporations, leading to rampant overcon- sumption and driving up prices even more. When the price is $125 a barrel, the incen- tive to pour out more oil, like homebuilders’ incentive to build more two years ago, is irresist- ible. Eventually, the price must return to the cost of that last barrel to clear the market, which costs $50 to produce, says Stephen Brown, an econo- mist at the Dallas Federal Reserve. That’s just the supply side of the equa- tion. Demand should start to decline as well. Historically, the oil market has underanticipated If It Can Be Done, Should It? the amount of conservation brought on by high prices. ith oil prices approaching $150 a bar- hard to overcome questions about safety, and they In the 1970s and early 1980s, the price spike rel and gas prices more than $4 a gallon, will have to pass the safety tests beyond a shadow caused the world to cut back sharply on oil con- everyone is looking for an alternative to of a doubt for the fuel to be feasible and accepted. sumption. By the mid-’80s, oil prices had fallen Wthese two fuels. Just about every day, it seems, the The same is true with pollution. We want from almost $40 to about $15 and remained “next fuel” is discovered. alternative fuels to be low polluters both as they are extremely low for two decades. Recently, I read about Canadian scientists manufactured and as they are used. By this stan- claiming to have extracted fuel from the unwanted dard, there are some concerns about fully electri- and disliked kudzu plant. I had to smile cally powered vehicles. The issue is that More progressive all the time when I saw this, because a couple of years electricity is not a basic fuel — it must be ago I wrote a novel (the “economic thrill- generated from some other source, such er” Micro Mischief), which was based on as oil, coal, water, or nuclear. So if, for conomic populists on the campaign trail this very premise! Who would have ever example, a shift to electric cars increases often imply that the richest Americans are thought? coal-based electricity generation, air pol- now shouldering less of the federal tax But “kudzu fuel” is just the latest. lution might actually rise. Eburden than they did in recent decades. How- People are excited about fuel being made If all the technical tests for a fuel ever, according to a report by Stephen Moore from crops, from grass, from animal waste, are passed, there still looms one more of The Wall Street Journal, “Lower tax rates have from wind, from rocks (oil shale), from hurdle: the economic test. For any fuel to made the tax system more progressive, not less the sun, from ocean tides, from under the MICHAEL be successful, enough consumers must be so.” ground (geothermal), and from hydrogen, willing to pay a price high enough to cover Moore’s report has recently been con- to name a few. WALDEN all the fuel’s costs. firmed by the latest statistics from the Con- However, any fuel — indeed, any It’s this economic test that’s mak- gressional Budget Office. In 1981, the highest invention — must pass two tests to be ing it so hard for many alternative fuels to quintile of income earners paid 56.4 percent of successful. The first is simply that the invention is break through to widespread use. Although it has federal taxes. In 2005, the top quintile paid 68.7 technically possible. Simply put, it must work. This become cheaper, by most measures solar power is percent of all federal taxes, an increase of 12.3 means that we can use the kudzu plant to make still more expensive than other heating and cool- percent. a fuel to power our cars and trucks, or that solar ing fuels, especially when the cost of installing the The bottom quintile is paying less in taxes power can be transformed into electricity to heat panels is included. The same goes for wind power than it did in 1981, 0.8 percent of taxes in 2005, and cool our homes. and tide power. compared to 1.8 percent in 1981. The middle The technical test also goes beyond the Some suggest the government level the classes are also paying less in taxes. The middle laboratory. A fuel is no good unless it can be deliv- price playing field between conventional fuels and quintile has gone from paying 13 percent in 1981 ered from the production point to the end user. So alternative fuels by increasing taxes on conventional to 9.3 percent in 2005. promoters of alternative fuels must also think about fuels. Of course, any move to substantially increase The CBO report also showed the relevant how that fuel will be trucked, piped, wired, or oth- taxes on conventional fuels, such as gasoline, espe- tax burdens of each group. In 2005, the top quin- erwise sent to the millions of necessary convenient cially at a time when those prices are historically tile earned 51.6 percent of all income after taxes outlet points for consumer use. This has been an high, would likely run into severe opposition. but paid 68.7 percent of federal taxes. The top 10 issue with ethanol. One prediction, at least to this economist, percent of income earners took home 37.4 per- Safety and pollution are other consider- is for sure. As the price of conventional fuels rises, cent of after-tax income but paid 43.8 percent of ations in the technical feasibility of fuels. Clearly, more alternative fuels will pass both tests. We just federal taxes. However, the four lower-earning we want a fuel to be safe in its production, delivery, have to be patient. CJ quintiles earned a significantly higher percent- and use. While safety is taken for granted with cur- age of after-tax income than they paid in federal rent fuels such as oil and gasoline, it is an issue with Dr. Michael L. Walden is a William Neal Reynolds taxes. CJ the fuel that many see as the successor to oil — hy- distinguished professor at North Carolina State Univer- drogen. Advocates of hydrogen power are working sity. AUGUST 2008 | CAROLINA JOURNAL PAGE 27 State Budget Gets Nearly Everything Wrong

he budget is the most important responsible fiscal plan to move the contributions, and other benefits. capital projects. The state constitu- policy document of the legisla- state forward. This budget continues to pour tion requires that debt be paid before tive year. The 2008-09 budget State government is a closed money into tax breaks for targeted anything else, which is a responsible Tspends $21.3 billion, includes modest club. Budget negotiations took place, companies. There is more than $42 requirement. pay increases of 3 percent for teachers not with the 170 duly elected mem- million more in corporate welfare to However, when the debt is so and of 2.75 percent for state employ- bers of the General Assembly, not various funds and specific projects. large and extended so far, as in this ees, postpones the with the 121 members appointed to This money would be much better budget, less money is available for gift tax and expan- the conference committee, but with spent on infrastructure, roads, Internet more pressing needs. The debt also sion of the earned 13 appropriations committee chairs, access, water facilities and sewerage, limits the state’s flexibility to address income tax credit, all from the majority party, with final and providing an attractive environ- future declines in revenue. and increases decisions made by two people, Joe ment for all businesses to grow and As of June 30, 2007, North Caro- spending over last Hackney and Marc Basnight. flourish. lina had $6 billion in bond debt — $5 year by more than Copies of the 237-page budget There is next to nothing in the billion in general obligation bonds 3 percent. were available late July 3 and the vote budget to address the state’s trans- and $1 billion in certificate of partici- And it gets was taken July 7. Debate was limited. portation needs. Legislators finally pation bonds. The budget adds more nearly every policy No amendments were allowed. Mem- reduced the transfer out of the High- than $1 billion in new COPs indebted- wrong. BECKI bers voted either yes or no. Take it or way Trust Fund so $25 million stays ness for 31 projects. It com- leave it. in the transportation budget instead North Carolina deserves bet- mits government GRAY There is spending in this bud- of going into the General Fund. This ter. From the process of only a few resources in the get that’s unclear, at best. A total move is a good one, and it needs to be wrong places, with the wrong as- of $700,000 goes into a “tax relief” legislators meeting behind closed expanded. sumptions, and with no evaluation of account, but the budget does not doors, limiting debate on the budget the results. Worst of all, it increases designate for whom or for what. There But with road maintenance and and holding to old failed policies, and the state’s debt to dangerous levels is a $45 million reduction in avail- construction and bridge repairs ig- recklessly incurring debt, no one wins. with no approval from those paying ability due to “economic uncertainty.” nored again, and the state’s debt limits We need open and transparent the bill, the voters. In a transparent and open budget, it pushed, there is little debt capacity left government, where all voices are heard This budget spends more money should be clear where every penny to address these critical needs. and true democracy is the rule of the than ever, and although there are no goes. But the most egregious flaw in day. The budget does nothing to move tax increases, there are plenty of fee Government doesn’t just get the budget is new debt. The budget our state forward. Let’s hope there is a increases and transfers of funds that bigger with more spending. The As- increases borrowing by more than $1 change in the 2009 session. CJ had been set aside for other uses. It’s a sembly added 400 full-time state em- billion, with more than $200 million shell game of moving money from one ployees to state government. All will in additional debt that will be real- Becki Gray is vice president of out- pot to another. There is no long-range, require health insurance, retirement ized under the 2009 legislature, all for reach for the John Locke Foundation. Sen. Jesse Helms — An American Hero

ne of my fondest memories of art of seizing the moment better than It can also be said that politi- nominees with whom he disagreed. Sen. Jesse Helms was election almost any other public figure I have cally, Reagan had no better friend then The senior senator from North night 1990, when Helms had been associated with, paused after Helms. Carolina always had time for his Ojust defeated former Charlotte Mayor getting to the stage. He waited for the Helms’ support for Reagan in constituents — especially for young Harvey Gantt. crowd to quieten. Then, at precisely North Carolina in the 1976 primary people. Through the years of his Let me set the scene: the right moment, Helms said, “I’d produced a 52 percent-to-48 percent service, the Senate interns and pages All the major networks had just have been down here sooner, but I victory for Reagan’s troubled candi- loved him. He was one of their favor- called the race in Helms’ favor. My was watching the grieving face of Dan dacy and propelled him to the Repub- ites on Capitol Hill. wife and I, along with other Helms Rather as he announced my re-elec- lican National Convention in Kansas For those fortunate enough to loyalists and aides, were in a hotel tion to the United States Senate.” City, where Reagan captured, if not have known and worked with him, suite in downtown The crowd in the ballroom went the votes, the hearts and minds of the we will remember Helms as an “old Raleigh watching nuts. delegates with his performance and school Southern gentlemen” who was the returns with For conservatives, Helms was speech that year. principled and polite and courteous, the senator and his the real deal. In this era of big-govern- Many would argue that 1976 set even to those with whom he dis- wife, “Ms. Dot.” ment conservatism and blow-dried the stage for Reagan’s victory in 1980. agreed. Helms’ politicians, Helms was one man that It is no secret that Helms was His Senate colleagues on the supporters had conservatives could always count no fan of the United Nations. During opposite side of the aisle might have gathered in the on. Helms had unwavering belief in his tenure as chairman of the Senate argued with him, but they always first-floor ballroom America, and he didn’t need a poll or Foreign Relations Committee, Helms knew where he stood. Helms went to along with all the consultant to tell him what he be- challenged the U.N.’s bureaucracy by Washington, but never became a part North Carolina lieved. refusing to approve the payment of of Washington. He remained loyal to press corps and MARC In the opinion of many conser- America’s dues. his old friends, steadfast in his values other media from ROTTERMAN vatives, only President Ronald Reagan To Helms it was a matter of prin- and beliefs, and always true in his across the country had more impact politically in the ciple and conscience. Helms bottled heart to the people of North Carolina. and the world. As last half of the 20th century than did up appropriations to pay millions of The institution of the U.S. Senate Dan Rather of CBS reluctantly called Helms. Like Reagan, Helms was a U.S. back dues to the United Nations has not been the same without him, the race for Helms, I recall seeing a big staunch anticommunist who instinc- until he got U.N. officials to agree to and we in North Carolina are proud grin coming over the senator’s face. tively knew that communism was a make substantial reforms. of the role that this unique and special By now, the time had arrived to politically defunct philosophy whose As a statesman, Helms respond- Tar Heel played in the history of our exit the suite and head downstairs so worldwide influence would not long ed to accusations of obstructionism by country and on the world stage. Helms could once again graciously ac- endure. saying his role was to slow the wheels He will be profoundly missed. CJ cept another six-year term and thank For Helms, every fiber of his of diplomacy and carefully consider the people for their support. being was repulsed by a system that America’s international commitments. Marc Rotterman is a senior fellow The crowd was at “fever pitch,” imprisoned its citizens for doing what Helms understood that he had the of the John Locke Foundation and a former crying Jesse, Jesseee! Americans do everyday — speak their power to help shape U.S. international member of the board of the American Helms, who understood the minds. policy by blocking initiatives and Conservative Union. PAGE 28 AUGUST 2008 | CAROLINA JOURNAL Parting Shot All Aboard! More N.C. State Contracts Released (a CJ parody)

By Ricky Watson Franklin Freeman, a senior aide Roving Correspondent to Gov. Mike Easley, also has landed a RALEIGH contract. CSU’s chief academic officer, Freeman, a former state Supreme Provost Larry Nielsen, recently Court justice, has accepted a position as told reporters that if people senior special executive in residence at Nwere shocked at first lady Mary Easley’s a salary of $375,000 per year. N.C. State employment contract, they “Freeman brings unique skills and are surely going to be upset with some experience to the university. He could other contracts he has signed. certainly be making more in the private Nielsen made the declaration sector. We applaud his dedication to after Carolina Journal’s reporting of Ms. public service,” Nielsen said. Easley’s 88 percent pay raise at N.C. He did not explain what Freeman’s State University created a journalistic duties would be. and political firestorm. The governor said that he had A raise on July 1 took Ms. Easley’s nothing to do with the contracts but salary to $170,000 per year. Her title that he was happy to see his friends and became executive in residence, even relatives sacrifice lucrative private sector though her resume shows that she has Recent events have inspired a group of NCSU alums to come up with a new promotional jobs for careers in public service. never been an executive and that she idea for their school. (CJ parody photo) “I have been in public service my certainly doesn’t live on campus. boss Marc Basnight spoke highly of the Mike Junior’s salary will be $120,000 entire life and can assure you it is not The new NCSU contracts include entertainer. per year. a path to building wealth,” he said in a one for Randy Parton as executive the- In another surprise, Michael Easley Also, Cultural Resources Secretary statement released Aug. 3. ater manager in residence. He will take Jr., 22, son of the governor, has accepted Libba Evans has accepted a position as UNC President Erskine Bowles over as manager of Stewart Theatre the position of assistant director of the culture executive in residence. Her salary said he was disturbed when he for an annual salary of $275,000, living NCSU prelaw program, even though he has not been determined, but Nielsen learned about the new contracts. quarters on campus, and a car of his will be continuing his own legal studies said Evans told him she would not “My deepest concern is not the choice. at UNC-Chapel Hill. accept anything less than Ms. Easley’s amount of money that N.C. State is pay- Nielsen said Parton was a “great “Mike Junior will be great because $170,000. ing at this time,” Bowles said. “It is that catch that we can be proud of.” He said he can relate so well to the abundant “She also mumbled something this will start a bidding war between our he knew little about Parton’s troubles in supply of young and pampered students about ‘sexism,’ the meaning of which 16 campuses, and some of these salaries Roanoke Rapids, but that state Senate in our prelaw program,” Nielsen said. was not quite clear to me,” he said. will likely double.” CJ E.A. MORRIS FELLOWSHIP FOR EMERGING LEADERS

The E.A. Morris Fellowship is seeking principled, energetic applicants for the 2009 Fellowship class.

Applications available online or at the John Locke Foundation. Application deadline is November 15, 2008

www.EAMorrisFellows.org [email protected]

200 W. Morgan St., Ste 200 Raleigh, NC 27601 1-866-553-4636