N.C. Government Jobs Recession-Proof in Stark Contrast, Job Plans Abound, Private-Sector Jobs but Do Any Work? by Don Carrington in N.C

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INSIDE THIS ISSUE: DEPARTMENTS Annexation North Carolina 2 C A R O L I N A Education 7 reform legis- Local Government 10 From Page 1 14 lation gives Higher Education 17 residents a Books & the Arts 20 Opinion 24 voice/2 A MONTHLY JOURNAL OF NEWS, ANALYSIS AND OPINION Parting Shot 28 JOURNALFROM THE JOHN LOCKE FOUNDATION July 2011 Vol. 20 No. 7 STATEWIDE EDITION Check us out online at carolinajournal.com and johnlocke.org N.C. Government Jobs Recession-Proof In stark contrast, Job plans abound, private-sector jobs but do any work? By Don Carrington in N.C. down 300k Executive Editor RALEIGH By Don Carrington Executive Editor t seems that everyone has a “jobs plan” — a set of policies intend- RALEIGH ed to jump-start employment hile Gov. Bev Perdue and Iand help the recession turn toward her Democratic allies claim recovery. The outlines of the plans that the budget enacted by generally center on philosophical theW Republican-led General Assem- views of the economy. bly will decimate public employment Republicans and conserva- in the state, since the recession began tives generally advocate reduced in December 2007 government agen- government spending and lower cies have been spared the massive job taxes to stimulate economic growth losses that have occurred in the private and employment. Democrats and sector. Incumbents, including President Obama at a Triangle Jobs Council meeting in June, liberals tend to focus on increasing Public-sector employment lev- and Gov. Bev Perdue at a jobs-related press conference in April in Raleigh, are trying government spending, protecting els in North Carolina have been stable to spur some momentum on job creation. (CJ photos by Don Carrington) public workers, and pushing better since December 2007, according to shed fewer than 200,000 jobs, or less but the General Assembly overturned training programs. data from the U.S. Bureau of Labor than 1 percent. that veto, making the GOP plan law. Behind the ideological debate Statistics. It would take a loss of 59,741 Perdue’s $19.9 billion budget Some government job losses are over tactics, there are questions over government jobs to match the nearly proposal extended three-fourths of the likely to result from spending cuts in not only the impact of policies at the 8.4 percent net job losses that have oc- 1-cent sales tax increase that was set the new budget, but those job losses federal level versus state-based ini- curred in the private sector during that certainly will be overshadowed by the to expire at the end of June. The GOP tiatives, but also the role of govern- time. significant losses that already have tak- ment in job creation generally. The At the national level, the private countered with a $19.5 billion spend- en place in the private sector. sector has lost approximately 7 million ing plan that let the temporary sales jobs, or 6 percent. The public sector has tax sunset. Perdue vetoed the budget, Continued as “N.C.,” Page 14 Continued as “Job-Creation,” Page 14 Republicans Advance Agenda in Feisty Session PAID reform, gun rights, pro-life legislation, RALEIGH, NC U.S. POSTAGE election-law changes, and regulatory PERMIT NO. 1766 NONPROFIT ORG. Perdue issues record reform. The General Assembly will re- number of vetoes; turn to Raleigh in mid-July to handle redistricting, and again in August one overridden so far or September to pass constitutional amendments — two responsibilities guaranteed to generate even more By David N. Bass Associate Editor bickering. Underscoring the volatile atmo- RALEIGH Gov. Bev Perdue vetoes the 2011-12 sphere, General Assembly police made ultiple arrests, witching-hour budget, which was later overridden by 18 arrests during the six-month session, sessions, grouchy lawmakers, the General Assembly. (CJ photo by Don Carrington) including the arrest of a former U.S. a boisterous budget debate, Senate candidate and gay-rights activ- andM plenty of red ink made the 2011 marking the earliest adjournment since ist who ran onto the House floor yell- session of the North Carolina General 1973. During the past six months, the ing during a session. The Rev. William Assembly one for the record books. Republican-controlled legislature tack- Barber, state president of the NAACP, And technically, it’s not over yet. led a medley of issues unaddressed Tar Heel lawmakers wrapped up by the previous Democratic majority, The John Locke Foundation 200 W. Morgan St., #200 Raleigh, NC 27601 their official “long” session June 18, including the charter school cap, tort Continued as “Republicans,” Page 15 PAGE 2 JULY 2011 | CAROLINA JOURNAL North Carolina C a r o l i n a Annexation Reforms Give Residents a Voice By Sara Burrows cially for his golf course community, Sapona, which sits be- Journal Associate Editor tween the City of Lexington and land planned for a high- Rick Henderson RALEIGH density housing development. Managing Editor ozens of grass-roots activists wearing red shirts According to city emails, a developer wishing to build packed a legislative hearing room and filled the high-density housing just beyond Sapona asked to be an- Don Carrington gallery of the North Carolina Senate in mid-June, nexed “involuntarily,” along with Sapona, by Lexington. Executive Editor Dawaiting a vote on the Annexation Reform Act of 2011. The developer wanted a sewer line built from the city limits House Bill 845 makes significant changes in the state’s to his development. Had he asked to be annexed “voluntari- David N. Bass, Sara Burrows 50-year-old annexation law. It passed the Senate 37-11 June ly,” he would have been required to pay for the sewer line. Mitch Kokai, Michael Lowrey 15 and the House 104-5 two days later. At press time, on the The involuntary annexation of the new housing de- Associate Editors last afternoon Gov. Bev Perdue had an opportunity to act, velopment would let city taxpayers build the trunk line to she had not not signed the bill. his property. And the forcible annexation of Sapona would Jana Benscoter, Kristy Bailey The bill makes two major reforms to the state’s an- give the city a direct route —through the middle of the com- Kristen Blair, Roy Cordato nexation policy. It gives those being annexed a voice in the munity’s golf course — to the new housing development. A Becki Gray, Sam A. Hieb process and provides them with “free” hookups to munici- developer with a large undeveloped piece of land that has Lindalyn Kakadelis, George Leef pal water and sewer lines. And though reformers who have been divided into separate residential parcels could have Karen McMahan, Donna Martinez been working to change the law for 20 years have cheered dozens of petition votes, one for each parcel. Karen Palasek, Marc Rotterman the passage of H.B. 845, some lawmakers, along with resi- That means a single developer could outvote indi- Michael Sanera, George Stephens dents of one community vidual homeowners. In Jeff Taylor. Michael Walden Karen Welsh, Hal Young facing involuntary an- Sapona’s case, the resi- John Calvin Young nexation, questioned how dents could be outvoted, Contributors loud that voice would be. allowing a city-initiated annexation to proceed. Historic change Why the change Adam Barrett, Nicole Fisher For more than a half- from property owners Anthony Hennen, Zryi Mai to parcel owners? Caro- Jonathan Martin, Erin McBrayer century, if a city wished to annex a neighborhood or lina Journal learned that Landon Nobles, Daniel Simpson the language was added Kristen Szafranski, Alissa Whately individual parcels of land, Interns property owners who did to provide clarity. Many not want to be absorbed undeveloped or partially by the city had no power developed tracts of land Published by to block the move or to af- have multiple owners — The John Locke Foundation fect in any way the terms including investors, de- 200 W. Morgan St., # 200 of the annexation. velopers, and lenders. In Raleigh, N.C. 27601 H.B. 845 would give earlier versions of H.B. (919) 828-3876 • Fax: 821-5117 845, it was not certain www.JohnLocke.org landowners the ability to fight city hall. It allows who would have stand- Jon Ham property owners to veto ing to protest a proposed Vice President & Publisher a proposed annexation annexation. Since parcels if the owners of 60 per- of land must have clear John Hood cent of the parcels of land legal title, any ambiguity Chairman & President signed a petition oppos- Red-shirted annexation reform activists filled every seat at a Senate over ownership would be ing the annexation. Finance Committee hearing on House Bill 845 June 14. (CJ photo settled. Bruce Babcock, Herb Berkowitz A few dozen Nash by Sara Burrows) A disincentive to Charlie Carter, Jim Fulghum involuntary annexation Chuck Fuller, Bill Graham County residents target- Robert Luddy, Assad Meymandi ed for annexation by the City of Rocky Mount — many of would remain, of course, as city taxpayers would have to Baker A. Mitchell Jr., Carl Mumpower, them senior citizens — spent the day in Raleigh waiting to pay for any infrastructure running to the annexed proper- J. Arthur Pope, Thomas A. Roberg, hear the outcome of the bill. They came by bus. After the ties, and the cost of those additions could not be passed on David Stover, J.M Bryan Taylor, bill passed a Senate committee hearing at 2 p.m., the group to the new city residents. Andy Wells voted to stay in Raleigh until the full Senate voted on the Local bill? Board of Directors bill, which they were told might not happen until midnight. Carolina Journal is a monthly journal “I was so excited I couldn’t sleep last night,” said the Initially, H.B. 845 didn’t give Nash County’s Moore of news, analysis, and commentary on state group’s leader, Charlene Moore. — or others whose annexations were under way — much and local government and public policy issues Moore, a resident of a rural Nash County community hope. The bill has no effect on communities with annexation in North Carolina. called Oak Level, said she and her neighbors had been fight- ordinances already adopted. But a last-minute transforma- ©2011 by The John Locke Founda- ing for annexation reform in North Carolina for years. tion of House Bill 56 could give Oak Level and dozens of tion Inc. All opinions expressed in bylined “We will be so glad when we can retire,” she said other already-annexed communities an opportunity for a articles are those of the authors and do not laughing. Moore said she was sure that 100 percent of the retroactive petition vote. necessarily reflect the views of the editors of residents of Oak Level would sign the petitions and over- H.B. 56 originated as a repeal of Rocky Mount’s recent CJ or the staff and board of the John Locke turn Rocky Mount’s annexation. Foundation. Material published herein may annexation, but was gutted and turned into an omnibus bill that suspends the annexation ordinances of nine cities be reprinted as long as appropriate credit is Text change given. Submissions and letters are welcome around the state, giving those facing annexation 90 days to and should be directed to the editor. Still, not all reform activists were satisfied fully with reject the ordinance by petition. The bill became law June 18. CJ readers wanting more information the bill. In the first two editions of H.B. 845, the petition to In addition to Rocky Mount, the law suspends ad- between monthly issues can call 919-828- reject an annexation had to be signed by 60 percent of the opted annexation ordinances in Kinston, Lexington, Wilm- 3876 and ask for Carolina Journal Weekly property owners. ington, Asheville, Marvin, Southport, and Ayden, until the Report, delivered each weekend by e-mail, residents have had a vote, and gives Goldsboro residents a or visit CarolinaJournal.com for news, links, A proposed committee substitute to the bill, adopted and exclusive content updated each weekday. May 11, altered that language to say that the owners of 60 chance to repeal an already-effective annexation ordinance Those interested in education, higher educa- percent of the parcels had to sign petitions before an annex- by petition. tion, or local government should also ask to ation could be rejected. Another annexation reform — House Bill 168 — exempts receive weekly e-letters covering these issues. Annexation reformer and Davidson County resident farms from involuntary annexation, extraterritorial jurisdic- Keith Bost said the change is subtle but significant, espe- tion, and zoning by cities. Perdue signed the bill on June 27. CJ JULY 2011 | CAROLINA JOURNAL PAGE 3 North Carolina Red Ink, Sweat, and Tears Flow in Raleigh as N.C. Budget Passes appropriation of $500,000 to Johnson & Wales University, a culinary school Hotly debated in Charlotte that received millions in taxpayer dollars due to a personal $19.5 billion bill promise from former House Speaker Jim Black. took effect July 1 Brian Balfour, a fiscal policy analyst for the conservative Civitas Insti- By David N. Bass tute, called the extra spending “missed Associate Editor opportunities.” He said they include RALEIGH subsidies to the North Carolina Sym- ne may be the loneliest num- phony, aquariums, and local arts pro- ber, but two is the most conten- grams. tious, at least in the North Car- “For all their talk of ‘right-sizing’ Oolina capital this summer. That’s the state government, this budget made percentage difference between Demo- little attempt to actually eliminate low- cratic Gov. Bev Perdue’s budget for the next two fiscal years and Republican House Speaker Thom Tillis Senate President Pro Tem Phil Berger er-priority programs,” Balfour said. lawmakers’ final version. a direction that the people of North end.” Abortion addressed The variation — about $400 mil- Carolina have long been looking for.” Berger has said the no-taxes lion in extra spending out of a $19.5 The main difference between the move is about keeping promises. “De- Cultural issues factored into the billion budget in the coming year and two spending plans boils down to pri- spite the governor’s frantic media fiscal discussion when Republicans $400 million of a $20.4 billion plan in orities. Perdue’s proposed budget de- campaign, apocalyptic rhetoric, and inserted three budgetary provisions the final year of the cycle — might voted more funds to public education creative accounting, the facts are clear: aimed at cutting off funding for abor- seem small. Not to Perdue, who un- and environmental regulatory agen- Our $19.7 [billion] will do more for tions and organizations that provide capped her veto pen in June for the cies than the Republicans’ did, and she public classrooms and help the econo- them. first time in state history to strike down relied on extending most of a “tempo- my create more jobs than her own pro- In the first instance, legislators the spending plan. rary” 1-cent sales tax to do it. posal,” he said in a statement. blocked about $500,000 in federal pass- The reason: The GOP version On the other hand, the GOP let through grants to Planned Parenthood, would do “generational damage,” the tax increase expire and modestly Getting to five the nation’s leading abortion provider. “overlook” and “leave behind” pre- trimmed spending in other areas. Per- The funds are earmarked for contra- school children, target the “environ- The Republican caucus has 68 due’s proposal spent 1.4 percent more ception and teenage pregnancy pre- ment and quality of life,” and tear “at seats in the House. That means the on public schools, while Republicans vention programs in the Triangle area. the very fibers that have made this GOP needed four Democratic votes to cut 12 percent from the Department of Another part eliminated the State state strong,” Perdue said. achieve a three-fifths majority needed Abortion Fund, a $50,000 pot of cash Republicans, in charge of the leg- Environment and Natural Resources, to overcome a veto. The GOP ended up largely unused since the mid-1990s. In islature for the first time since Recon- twice the reduction Perdue recom- getting five. past decades, the fund had paid out up struction, disagreed. With the help of mended. “Courageous” was the term five Democrats, House Republicans “I believe they chose to risk our Tillis used to describe the converts. to $1.4 million annually for abortions. took a witching-hour vote the morning children’s’ future and our state’s brand “They know this is a good budget,” Finally, lawmakers nixed cover- of June 14 to override the veto, 73-46. around the country and the world for the speaker said. “They know this is age for elective abortions — which The Senate followed suit later that day less than a penny,” Perdue said. the right thing for North Carolina. I’m are those deemed medically unneces- in a 31-19 party-line vote. House Minority Leader Joe Hack- very proud. They’re all men of honor sary and often used as a form of birth “This has been a session of real ney, D-Orange, was just as harsh. “The and their word, and I’m proud to serve control — from the State Health Plan, accomplishment,” said Senate leader Republicans own this,” he said. “It is with them.” which covers state employees, teach- Phil Berger, R-Rockingham, “and a real their fault. We opposed them. The gov- The five Democrats — Reps. Wil- ers, and retirees. change in direction for North Carolina, ernor opposed them to the absolute liam Brisson of Bladen County, James Crawford of Granville County, Dewey Other changes Hill of Columbus County, Bill Owens of Pasquotank County, and Timothy Aside from the budget, lawmak- Spear of Washington County — hail ers tackled a broad fiscal agenda that from the eastern part of the state. included repealing an unpopular land- “We thought [the budget] was transfer tax, overhauling premiums the best we could do,” Hill told report- and co-pays in the State Health Plan, ers after the House vote. “It was a good and addressing non-voter-approved budget, and I can go to sleep tonight debt. on it.” The health plan faces a $30 billion unfunded liability. Under the compro- Not everyone happy mise between Republicans and Demo- crats, employees choosing basic health While limited-government advocates have praised the budget, some insurance will contribute about $10 a second-tier provisions raised their ire. month in premiums. A plan offering Early versions of the budget dra- more coverage requires $20 per month. matically redirected revenue from the In a rare example of bipartisan Master Settlement Agreement with to- agreement, a handful of Democrats bacco companies, closing the Tobacco joined Republicans in shooting down Trust Fund and Health and Wellness a local-option land-transfer tax that Trust Fund and snagging the Golden has failed every time it’s appeared on LEAF Foundation’s $68 million appro- county ballots since 2007. priation. Conservatives have criticized The House also passed a bill to the three entities as boondoggles. overturn a law from 2004 allowing The final compromise took a legislators to take on billions in new much tamer approach by leaving debt without voter approval. The Sen- Golden LEAF mostly untouched. ate put off action on the measure until The budget also sends a one-time the short session next year. CJ PAGE 4 JULY 2011 | CAROLINA JOURNAL North Carolina State Briefs JLF: Compensate Sterilization Victims Tillis boosts staff salaries By CJ Staff “All branches of government failed these victims,” he After a News & Observer RALEIGH said. “The legislature established the eugenics program, the story originally reported on House hen North Carolina lawmakers return to budget executive branch implemented the program through a Eu- Speaker Thom Tillis, R-Mecklen- work next year, they should consider compen- genics Board, and the North Carolina judiciary went out of burg, doling out raises for seven sation for more than 2,900 living victims of the its way to endorse the practice of forced sterilization.” of his 15-member staff, criticism state’sW forced sterilization program. The John Locke Foun- The judiciary’s failure deserves significant attention, continues to mount over the im- dation’s top legal expert makes the case for compensation Bakst added. “This failure truly made it virtually impossible propriety of increasing pay while in a new Policy Report. to protect the eugenics victims’ rights,” he said. “The U.S. North Carolina faces a persis- “The clock is ticking for the living victims of North Supreme Court held in 1927 that forced sterilizations were tent recession and budget cuts. Carolina’s forced sterilization program,” said report author constitutional. The North Carolina Supreme Court put its Tillis maintains a larger staff Daren Bakst, JLF director of legal and regulatory studies. “It rubber stamp on the state’s eugenics law in 1976 when the than his predecessor, former House is critical to compensate these living victims — and only the court held that the law was constitutional. In addition to speaker and current House Minority living victims, not their descendants — and to do so in the that finding, North Carolina’s highest court indicated that it Leader Joe Hackney of Orange Coun- proper manner. Maybe, at least to some minimal extent, the felt it was the ‘duty’ of the legislature to enact sterilization ty, and his payroll is about 10 percent North Carolina government could achieve some redemp- laws.” higher, according to the N&O’s tion for its actions.” Some North Carolina lawmakers have recognized the side-by-side comparison of salaries. The state’s actions involved a forced sterilization pro- importance of compensating victims of forced sterilization, Tillis justifies the raises based gram that targeted about 7,600 people. Originally authorized Bakst said. This year’s House Bill 70 called on the state to on staff performance and because by state law in 1919, forced sterilization continued in North provide victims $20,000 each. “This would offer some tan- the original salaries were proba- Carolina until at least the 1970s. The sterilizations were tied gible compensation,” he said. “Coincidentally, the $20,000 tionary. But critics say the failure to a program of “negative eugenics,” an attempt to discour- figure matches of Tillis to provide a model for age repro- the compensa- fiscal restraint at a level directly duction by tion provided under his control makes elected people with to Japanese Republicans appear hypocritical “ u n d e s i r - i n t e r n m e n t about limitations on spending. able genetic victims under Tillis’ counterpart in the Sen- traits,” Bakst federal law.” ate, Republican leader Phil Berger said. B e y o n d of Rockingham County, maintains “ T h e the $20,000, more modest pay for his staff. His practice of Bakst recom- payroll is down 9 percent compared n e g a t i v e mends that to that of former Democratic Senate eugenics is the state of- leader Marc Basnight of Dare County. what led to fer taxpayers forced ster- a chance to ilization in check off $3 on North Caro- their state tax Black’s land value drops lina and returns to pro- genocide in vide compen- Two parcels of real estate in Nazi Ger- Mecklenburg County once owned sation for eu- many,” Bakst genics victims. by former House Speaker Jim Black added. “The have dipped slightly in value, ac- “As another government, financial ben- cording to recent tax revaluations. in both in- The development is significant efit, all victims stances, pre- would be ex- because Black used the parcels in sumed to 2009 to satisfy half of a $1 million empted from know who paying any fine arising from a corruption and were more bribery conviction. At the same, more state in- desirable hu- come taxes or prosecutors and Black’s attorneys mans than North Carolina was one of many states in the 1930s that had eugenical sterilization laws in property taxes said the undeveloped land was effect. (Graphic courtesy Truman State University) others and for the rest of worth more than the $500,000 out- took drastic their lives.” standing amount Black owed, even actions to achieve its desired ends.” North Carolina must take responsibility for the re- though tax records put the value North Carolina ranked third among American states in sults of its eugenics program, Bakst said. “The path to hell at about 30 percent of the debt. the number of people who faced forced sterilization. Unlike is paved with good intentions,” he said. “Those responsible The latest revaluations most states, North Carolina drastically increased the num- for the eugenics program, including every branch of gov- from 2011 show that the prop- ber of forced sterilizations after World War II, Bakst said. erty’s value has fallen 3.4 per- Bakst’s report details the history of forced sterilization ernment and many cheerleaders in the media, likely did not cent to $143,900 since 2003. in North Carolina and rebuts arguments from opponents of view their actions as evil. Like some of the most evil figures By law, Black was required state compensation. in history, most eugenics supporters saw their actions as to surrender the parcels to the “There is probably no greater fear among compensa- promoting good.” Wake County Public School Sys- tion opponents than the argument that such a move could The eugenics program should teach government tem. Two years have passed since be used to provide the justification for providing reparations leaders critical lessons, Bakst said. “Government officials, then, and the school system has for slavery,” Bakst said. “But there are important differences whether they’re legislators or bureaucrats, should remem- been unable to sell the properties. between ‘reparations’ for slavery and compensation for liv- ber the danger of putting the ‘greater good’ over individu- Black admitted to accepting ing eugenic victims.” als, especially when it comes to those individuals’ funda- tens of thousands of dollars in bribes One key difference is that no victims of slavery are still mental rights,” he said. “Officials should learn that it is from chiropractors to push legisla- alive today, Bakst said. “With slavery reparations, the gov- impossible for them to know what is best when it comes to tion favorable to them. He also ernment would be compensating individuals who were not citizens’ personal lives.” pleaded guilty in state court to charg- the subject of any clear and direct harm,” he said. “In con- “If we are to live in a free society, we must be will- es partly resulting from a $50,000 trast, victims of eugenics are still alive and are clearly iden- ing to accept many things we might not like, even some payoff to Republican state Rep. tifiable. Their actual injury is known. It is not speculative.” things that impose indirect costs on us,” Bakst added. Michael Decker to switch parties, al- Eugenics victims had no legal recourse to stop the “Quite simply, those in government must remember that lowing Black to remain speaker. CJ government from sterilizing them, and they have had no we are a nation based on individual rights. Government’s legal recourse to seek damages after the fact, Bakst said. role is to protect those rights, not to abridge them.” CJ JULY 2011 | CAROLINA JOURNAL PAGE 5 North Carolina Proposed Occupational Licensing Laws Target Entrepreneurs

By Sara Burrows the licensure of X-ray technicians and Associate Editor radiation therapists. RALEIGH • House Bill 639 would require t a time every politician’s top the licensure of “exercise physiolo- priority seems to be creating gists,” a.k.a. personal trainers. jobs, North Carolina lawmak- • Senate Bill 230, Pedorthist Li- ersA seek to impose new barriers to en- censure, requires makers of orthotic trepreneurs, proposing nearly a dozen shoes to become licensed. new occupational licensing laws this • Senate Bill 373 would require session. Those that pass could require community association managers to be thousands of North Carolinians to go licensed. back to school and pay thousands of dollars for a license to continue doing Who does licensing help? the jobs they already perform. While many occupational licens- From landscaping to braiding ing laws are passed in the name of hair to picking locks, state legislators protecting the public, they hurt many think a license is essential. And if a bill more people than they help, says Mor- targeting your occupation becomes ris Kleiner, professor of labor econom- law, and you engage in one of these ac- ics at the University of Minnesota and tivities for pay without a license, you author of Licensing Occupations: Ensur- could be guilty of a misdemeanor or a ing Quality or Restricting Competition? felony. Typically, Kleiner said, the only Only one bill has moved out of parties helped by occupational licens- committee during the current session: ing are those already established in the Senate Bill 447, which would expand Mariama Diakhate (center) and two employees, Linda and Carine, braid customer Gloria occupation, who seek to protect them- the definition of landscape contract- Jones’ hair at the African Braids by Miriam salon in Raleigh. Linda and Carine will selves from competition by setting up ing, a practice that has required a state likely lose their jobs as a result of an expanded licensing requirement. (CJ file photo) barriers to entry, and the state, which license since the 1970s. It passed the and imagery, music performance, and Hair braiders collects hundreds of dollars per profes- Senate and was in the House when movement to music” without a license. sional per year in licensing fees. Entre- the long session ended. But moves to Under a law enacted a year ago, preneurs and consumers are damaged expand licensing requirements retain Herbalists, personal trainers it is illegal to engage in African hair by licensing laws. bipartisan support, even under conser- braiding without a license. The laws are intended to “keep The Naturopathic Licensing Act vative Republican leadership. House Bill 791 would make it people out of the occupation,” Kleiner — Senate Bill 467 — would require na- Supporters of licensing laws say more difficult for those engaged in hair said. They prevent low-income indi- turopaths, homeopaths, and herbalists they’re an essential means of protect- braiding before the bill became law viduals from creating their own jobs to get a doctorate degree and a license ing consumers from frauds and char- to be grandfathered into the profes- and drive up the cost of services. to continue doing their jobs. latans. sion. Previously, anyone already in the While many with libertarian The degree would have to be But critics say many licensing profession before the law passed was sympathies may think it’s OK to li- from a college approved by the newly laws get most of their support from exempt from licensure and additional cense medical occupations, Kleiner created Naturopathic Doctors Licens- people already practicing the profes- educational requirements. Now braid- does not agree. ing Board, and the license would cost sion who want to limit competition ers would have to prove they were Right now almost 80 percent of $800 up front and $200 a year after that. — and government officials seeking working in the profession in North medical workers are licensed, he said. Anyone caught dispensing, ad- greater regulatory powers. These laws Carolina at least two years before the It’s the most regulated industry in ministering, or advising the use of nat- also would increase consumer costs, law passed. terms of occupational licensing. And ural remedies — including food, food as practitioners of newly licensed oc- it’s also the most expensive. extracts, vitamins, minerals, enzymes, cupations would boost their prices to Locksmiths “And then you have the battle and botanicals — without a license compensate for the time and expense within the occupation,” Kleiner said. would be guilty of a misdemeanor. Locksmithing already is a li- licensing entails. “Should only a nurse be allowed to Bill sponsor Sen. Fletcher censed profession in North Carolina, prescribe medicines? Should she be al- Music therapists Hartsell, R-Cabarrus, said it’s impor- but House Bill 889 would provide lowed to perform simple well-baby ex- tant to regulate and license people added protections to ensure no one is Music therapy is the “clinical and ams? Or is that something only a doc- working in medicine — natural or con- profiting from the practice without a evidence-based” use of music to im- tor should do?” ventional — to protect consumers from license. prove a client’s “emotional, physical, Kleiner added, “A nurse prac- “snake oil salesmen.” “No person shall possess any and spiritual health, social function- locksmith tools [tools designed or titioner might provide some of these ing, communication abilities, and cog- Midwives used to open a mechanical or electrical services at a much lower price, but the nitive skills.” locking device] unless the person is li- regulation says only a doctor can pro- It is dangerous to practice music House Bill 522, Midwifery Li- censed as a locksmith under this Chap- vide them.” therapy without the proper education censing Act, is a little different from ter,” the bill states. If there were an area where li- and training, said Rebecca Engen, a other licensing bills this session. The bill also triples locksmith licensing clearly benefited the public music therapy professor at Queens There are two kinds of midwives cense and license renewal fees from and reduced a health and safety haz- University. — certified nurse midwives and certi- $100 to $300. ard, Kleiner said he certainly would “It is possible to use music harm- fied professional — or “lay” — mid- support it. But he has not seen an ex- fully,” Engen said at a meeting of the wives. Landscape contracting ample of one. Legislative Committee on New Licens- Nurse midwives already are li- More than 800 occupations are ing Boards June 1. “You can use music censed and practice legally in North S.B. 447 is the measure expanding licensed by at least one state, ranging that’s the wrong tempo or … that does Carolina, while certified professional the definition of landscape contracting. from florists to interior designers to not have the right musical qualities, midwives can be thrown in jail. It would, among other things, include surgeons, Kleiner said. About 29 per- and it can affect someone physiologi- This bill would would allow cer- “horticulture consultation,” “planting cent of U.S. workers are required to get cally in a way that it can be damaging.” tified professional midwives to work design,” and installing “low-voltage a license from local, state, or federal That’s why Engen supports without a nursing degree to attend lighting systems” as professional ser- government agencies. House Bill 429, which would make it women choosing to give birth at home. vices requiring a landscaping contrac- Kleiner suggests a good way to illegal for anyone to implement mu- They still would be required to pay li- tors’ license. create jobs and jump-start the econ- sic treatments including “music im- cense fees and to be regulated by the Other licensure bills omy would be to start repealing oc- provisation, receptive music listening, state, but the rules wouldn’t be as strin- cupational licensing laws, rather than song writing, lyric discussion, music gent as they are for nurse midwives. • House Bill 753 would require creating new ones. CJ PAGE 6 JULY 2011 | CAROLINA JOURNAL Education Gas Tax Shortfall Fuels Talk of Federal Vehicle-Miles-Traveled Tax Feds maintain DOT does not support a vehicle mileage tax By Karen McMahan Contributor RALEIGH s Congress crafts a six-year surface transportation bill replacing legislation that will expire Alater this year, transportation trade groups report that the Obama administration has floated the idea of new driving charges — a national vehicle mileage-based tax and tolls on some interstate highways and other federal roads. While White House officials say the administration does not support a VMT, the idea was brought up in Feb- U.S. Transportation Secretary Ray LaHood’s spokesmen say he’s not pushing a vehicle-mileage tax, but his reference to such a tax publicly, as well as the DOT’s emphasis on buses, trains, bicycles, and “livable communities” on its website (above) has ruary 2009 when Congress was work- not helped quell the belief that such a tax is in the works. ing on a reauthorization of the transportation bill. of Management and Budget. The draft ery dollar going to the Highway Trust In 2008, Oregon, Minnesota, was obtained in early May by Transpor- Fund is used for road projects,” Dubay North Carolina, and three other states LaHood weighs in tation Weekly and reported in The Hill said. were part of a two-year, federally fund- At that time, U.S. Transporta- newspaper. But Adrian Moore, vice president ed study conducted by the University tion Secretary Ray LaHood mentioned The Hill said DOT officials would of the libertarian Reason Foundation, of Iowa Public Policy Center to pilot a a VMT as an alternative way to fund not confirm the draft is their work. And told CJ that a VMT would be “more VMT system. One goal was to test how transportation projects. LaHood said in an email to Carolina Journal, DOT transparent and fairer” for consum- the public would respond to the new there isn’t enough fuel-tax revenue spokeswoman Olivia Alair said, “The ers than the gas tax, which is a hidden mileage-based road user charge sys- coming into the federal Highway Trust Obama administration does not sup- charge because most consumers have tem. Fund to meet the nation’s surface trans- port a vehicle mileage tax, or VMT.” no idea how much tax they’re paying. A November 2010 report from portation and infrastructure needs. The bill would create a Surface “Under a VMT, all drivers would pay the I-95 Corridor Coalition examining Nor do fuel taxes generate enough Transportation Revenue Alternatives the same cost per mile to use the same VMT issues said the federal govern- money to keep the fund solvent as ve- Office to authorize, within one year stretch of road,” Moore said. ment would experience major chal- hicles become more fuel-efficient and of the bill’s enactment, a study frame- “With a VMT, drivers would be lenges and costs in setting up VMT- use less gas. work for a mileage-based user fee making a direct payment to use the based charges. Such a proposal might require system, including vehicles using fuels roadways, and they would be more The new structure would have to motorists to install on-board devices that are not taxable under the 1986 IRS likely to hold lawmakers accountable account for changes in vehicle owner- tracking how much they drive so that a code. for how the funds are being spent ship, methods of enrollment, number when roads aren’t being built or they of accounts, and whether enrollment tax could be calculated accurately, rais- Field trials ing privacy concerns. Drivers in rural are poorly maintained,” Moore added. would rely on state vehicle registration areas and remote suburbs, who travel The bill also provides for field tri- U.S. Rep. Howard Coble, R-6th files. The study group estimates that long distances to their jobs, would face als to test a VMT system and the cre- District, serves on the House Transpor- additional vehicle registration costs — much higher costs under a tax-by-the- ation of a public relations campaign to tation and Infrastructure Committee. above what states now charge drivers mile program, as would drivers of elec- sell the public on the need for alterna- Coble’s press secretary, Ed McDonald, — would range between $15 and $24 tric or hybrid vehicles who would pay tive funding sources for surface trans- told CJ that Coble’s office does not yet per vehicle. the same as drivers of less fuel-efficient portation programs. have a draft of the surface transporta- The I-95 coalition based its mile- vehicles. The draft proposes the creation tion bill. age cost estimates on the Dutch sys- Critics of VMT also note that of a new, broader Transportation Trust CJ’s calls to the U.S. Senate Envi- tem, which ranges from $3.73 to $20.36 boosting the cost of driving might Fund to replace the current Highway ronment and Public Works Committee per vehicle per year, or $0.42 to $1.87 push more commuters into public Trust Fund. A number of new accounts and the Committee on Commerce, Sci- per 1,000 vehicle miles traveled. transit — a goal of the administration would be established, including the ence, and Transportation to learn more Nor is it clear whether these al- and advocates of a “smart growth” ur- Mass Transit Account and a Passen- about proposed legislation were un- ternative financing programs would ban planning agenda. ger Rail Account. One funding source successful. replace the gas tax or be imposed And yet the VMT concept has mentioned is a “new energy tax,” Cost of a VMT alongside it, though some studies have support from some free-marketeers. though it was not defined. The dollar mentioned these alternatives as an ad- They say such a charge — if it replaced amounts authorized in the draft bill While some worry about privacy dition to existing fuel taxes. fuel taxes — would be a more trans- correspond to those in DOT’s fiscal concerns raised by having devices in Dubay told CJ that the VMT parent way to raise money for high- year 2012 budget request. automobiles to track and report driver could discourage driving and achieve way projects. VMT critics say the government movements, others point to the high other administration policy goals, such Motorists would know exactly doesn’t need alternative financing cost of implementing such a program as boosting public transit. how much they’re paying to drive, sources if it would use the funds it now and the disproportionate economic Language in the draft bill refer- making the tax a user fee. They also collects for highway projects, rather hardship on low-income and rural ring to “livable communities” and the might be more likely to protest if law- than unrelated programs. drivers. proposed Federal Surface Transporta- makers continued to divert drivers’ “It’s unnecessary to impose a The Minnesota Department of tion Policy and Planning Act of 2011 taxes to mass transit or for other pur- VMT if officials would stop diverting Transportation conducted a mileage- makes it clear that the administration poses not related to roads. funds to nonhighway projects, like based public opinion study in August wants to increase overall use of public An undated draft of a bill titled bike paths, pedestrian walkways, and 2007. Participants expressed concern transportation and reduce transporta- the “Transportation Opportunities high-speed rail,” said Curtis Dubay, that such a system would be like “Big tion-related carbon dioxide levels and Act” has circulated in the U.S. Depart- senior tax policy analyst for The Heri- Brother,” enabling the government to use alternative financing to advance ment of Transportation and the Office tage Foundation. “Only 62 cents of ev- track and watch drivers. those objectives. CJ JULY 2011 | CAROLINA JOURNAL PAGE 7 Education Teacher Makes Student Lobby COMMENTARY Against Her Legislator Dad What Is

By David N. Bass The board should request Moss’ resig- A Diploma Worth? Associate Editor nation, and if it is not forthcoming, he ust weeks ago, students across a few do not. Federal education RALEIGH should be terminated for cause.” the country packed auditoriums, data show more than one-third of reshman Republican lawmaker A week after Carolina Journal Mike Stone says his daughter broke the story, the Lee County Board Jarenas, and convention centers first-year undergraduates in 2007-08 was “used against” him when a of Education voted to extend Moss’ celebrating K-12 education’s hal- enrolled in a remedial class — cov- publicF school teacher instructed her contract an additional year — from lowed rite of passage: high school ering material they should have and her classmates to contact elected 2014 to 2015. That’s led to criticism. graduation. Nationwide, high learned in high school. At two-year officials in opposition to budget cuts. “It’s smelly all the way around,” schools conferred some 3 million community colleges, 42 percent of The result: a handwritten note said Linda Shook, chairwoman of the diplomas on proud members of the first-year students needed remedial imploring Stone to “put the bud- Lee County Board of Commissioners. Class of 2011. instruction. get higher dad” so that her school A copy of the contract obtained This achievement is something Too many high schools are wouldn’t have to forgo field trips, be by CJ shows that Moss earns a salary of to cheer. Nationally, the graduation dropping the ball. Many kids today unprepared for end-of-grade tests, and $162,412, plus a $1,000 per month car rate is rising and hovers around 72 work harder outside the classroom lay off teachers. allowance, a $1,200 per month hous- “The truth of the matter is, they ing allowance, and $18,000 in deferred percent, according to new numbers than ever before. It isn’t unusual baited my daughter on what to write,” compensation deposited into an inter- from the Editorial Projects in Educa- for high-schoolers to be saddled said Stone, who represents Lee County est-bearing account. tion Research Center. North Caro- with four or five hours of home- in the North Carolina House. “It was lina’s graduation rate of 74 percent work each night. Yet this practice totally inappropriate for an 8-year-old Dueling board members is higher still. contradicts common-sense to be used as a lobbyist in Raleigh.” At least two members of the Lee As more students research showing that The Republican-controlled Gen- County Board of don cap and gown, what moderate homework may eral Assembly Education disagree is the value of the di- be beneficial, but assign- passed a $19.5 bil- about the writing plomas they hold? Are ing too much of it back- lion budget in June assignment. In a graduates prepared for fires and burns kids out. that restores some press conference, the modern marketplace Instead of drown- funding to public school board chair- schools, including or the hallways of higher ing kids in homework, man Shawn Wil- education? we need to work smarter. preserving teacher liams said that stu- While earning a high That involves a lot of assistant jobs. Dem- dents’ letters never ocrats have blasted the spending plan were actually sent to government of- school diploma is impor- KRISTEN things, but the main one for its cuts, and Democratic Gov. Bev ficials. Instead, their teacher “drafted tant, it does not guarantee BLAIR should be a focus on rich, Perdue vetoed it in mid-June, largely a collective letter” and sent it through a baseline level of knowl- core academic content in due to cuts to education that she said email. The exercise didn’t violate edge and competencies. school. Even in the digital were unacceptable. (The General As- school policy, he said. Tests evaluating math and reading age, kids should know how to read, sembly enacted the budget after the “Students’ names were not men- achievement among public and pri- write, and do math well. And they House and Senate were able to over- tioned in the emails,” Williams said. ride the veto.) vate high school seniors show most need to retain these skills through “The actual student letters were never lag behind in both subjects. On the habit and practice. Of course stu- School officials defend mailed or sent electronically to any- most recent National Assessment dents need other skills, but there is one.” of Educational Progress, just 38 no substitute for a solid academic Lee County superintendent Jef- Asked if it was fair that Stone’s percent of 12th-graders read profi- foundation. frey Moss said that the writing assign- daughter was included in the assignment at Tramway Elementary was ap- ment, Williams replied, “It was part of ciently; one-fourth were proficient We also must ensure students propriate and only directed students to the lesson.” in math. master basic competencies before write their state representative, sena- Shortly before the press confer- Employers must address a earning diplomas. Twenty-eight tor, and the governor “in support of ence, school board member Cameron yawning knowledge and skills gap states currently (or will soon) make public education.” Sharpe issued a press release calling among new workers. Deficien- graduation contingent on passing “It was not budget-specific ex- the assignment an “irresponsible abuse cies in reading, writing, and math high school exit exams, according cept to say that they support funding of power within our schools” and dis- competencies among high school to the Center on Education Policy. public education. That was the theme,” tanced himself from remarks by Wil- graduates entering the work force North Carolina is no longer one Moss said. liams and Moss. in recent years are well-documented of them, having jettisoned in 2010 Moss added that the assignment “It seems clear that Dr. Moss fails was given prior to the budget being and widespread. This is worrisome a state policy requiring students to recognize that his is not a political since new graduates must joust for to earn passing scores on end-of- passed. The exercise “encompasses position and that he, by engaging in jobs in what the Economic Policy course exams in order to graduate. a lot of skills that today’s graduates political posturing, has violated the Institute has labeled “a dire labor That’s a mistake. Such a move should be able to replicate in the work trust of [the] school board, the constit- force, according to the employers I’ve uents, and the children of this district,” market without a safety net”: High might inflate graduation rates. But talked with,” Moss said. Sharpe said. school graduates under age 25 it won’t guarantee kids leave high Moss found himself the subject (not in school) now face a sky-high school with the requisite knowledge of harsh criticism in the days after Stone still upset unemployment rate that exceeds 22 and skills to transition well into col- the episode when Dallas Woodhouse, percent. lege or work. president of the state chapter of Ameri- Stone isn’t satisfied with school What about students who opt Today’s high school graduates cans for Prosperity, called for Moss to officials’ explanation. He said he’s con- resign. cerned that his daughter will get bul- for higher education? Almost 70 must make their way — sooner or “A school system should not be lied because the school system already percent of the Class of 2010 enrolled later — in a rapidly evolving mar- run by an authoritarian and arrogant has handed out pink slips to some in colleges and universities last fall, ketplace and an unsettled economy. administrator that has clearly shown teacher assistants. according to the Bureau of Labor We need to get them ready. CJ that using teachers and students as “I don’t care whether you like Statistics. pawns is an acceptable practice,” the budget or not,” he said. “I haven’t While many freshmen arrive Woodhouse said. “It is the responsibil- talked to one person who condones us- on campus ready for challenging Kristen Blair is a North Carolina ity of the Lee County school board to ing an 8-year-old, and especially a leg- post-secondary course work, quite Education Alliance Fellow. make sure that this conduct ends now. islator’s 8-year-old daughter.” CJ PAGE 8 JULY 2011 | CAROLINA JOURNAL Education State Lawmakers On Mission to Conquer Obesity to ban whole milk and juice in private day care facilities, Brown said this: Government health “I don’t like to see the government step in and do anything to take care used to justify away citizens’ rights to make their own mistakes – I don’t like that aspect lifestyle policing of it – but at certain times if the parent is not going to do it, the government By Sara Burrows might ought to give a little oversight. Associate Editor If we’re going to pay the expense of it, RALEIGH we should have some role in dictating n the name of saving money on the nutritional value.” government-subsidized health care, state lawmakers are making Mother knows best Iyour weight their business. They’ve Michael Ramey, director of com- introduced four bills this session di- munications and research at Paren- rected at North Carolinians’ waistlines. talRights.org, said no one is better One bill, if passed, would re-es- equipped to make decisions about a tablish the Legislative Task Force on child’s diet than the child’s parents. Childhood Obesity, which last year “Parents know and love that A bipartisan group of North Carolina legislators that wants to see government involved recommended banning whole-fat milk child more than all the bureaucrats and juice in public and private day care in individuals’ personal eating habits find themselves allied with First Lady Michelle and lawmakers put together,” Ramey centers. Another bill, ratified June 9, Obama, who is shown above teaching some Washington, D.C., schoolchildren how said. And parents also know the spe- created a Diabetes Task Force charged to enjoy broccoli. (White House photo) cific dietary needs of their children, he with recommending strategies for re- Heart Association and the William J. Childhood obesity said. Not all children are alike, and not ducing diabetes and associated health Clinton Foundation. The guidelines set all parents agree on what types of food care costs. The Sodium Resolution, ad- Sen. Larry Brown, R-Forsyth, out by both groups focus on promoting are the healthiest. opted in May, states that the House of sponsor of the bill to renew the task the consumption of fruits, vegetables, Parents should be allowed to Representatives “supports measures force on childhood obesity, spoke with grains, and low-fat and fat-free dairy, choose whether they’ll participate aimed at decreasing heart disease and Carolina Journal last year about why the along with reducing the consumption in official school and day care nutri- stroke in North Carolina and encour- government needed to dictate school of fat, sugar, sodium, and calories. tion programs, Ramey said, without ages the State’s citizens to reduce so- Food in the national school lunch and day care menus. restricting competing nutrition pro- dium in their diets.” program is not required to meet these “Evidently, parents just don’t grams. “That would allow the schools And House Bill 503, Nutrition standards. have the time or the desire to give to take an active role in promoting Standards/All Foods Sold at School, The Alliance for a Healthier Gen- them nutritious meals at home, and, aims to push children into the “health- health for those families who ask for eration’s website has a link to “compa- therefore, when they do get fed, we ier” national school lunch and school their assistance, while leaving the ul- nies committed to providing healthier want them to be fed nutritious meals, breakfast programs by reducing access timate decision over what a child eats food” in schools. The companies in- and also to make them more active,” to “competitive” foods. The bill has with the fit parent, where it belongs.” clude PepsiCo, whose Baked Cheetos, Brown said. passed the House, but not the Senate. He admits that “unfit” parents do Cap’n Crunch Peanut Butter Crunch He went on to say parents are A host of Democratic and Repub- exist, but says they are the minority. “not doing their job,” and that, by lican lawmakers agree that govern- Cereal, and Quaker Breakfast Cook- “To say the state should take ment should maintain an active role in ies meet the organization’s nutritional feeding them fast food, “they’re killing charge in every case because some controlling kids’ diets as long as gov- guidelines, and Kraft, whose Oreo their children and not even realizing few parents will neglect their children ernment takes a major role in financing Thin Crisps, Sugar Free Jell-O, and it.” ‘is repugnant to American tradition,’” health care. Lawmakers said the best Premium Saltine Crackers also make Regarding last year’s proposal Ramey added. CJ place to start fighting the obesity epi- the cut. demic was with children, by feeding, The Institute for Medicine states educating, weighing, and measuring that “federally reimbursable school them in schools. nutrition programs should be the main Parental rights advocates counter source of nutrition in schools” and that that what a child eats and what a child “opportunities for competitive foods weighs is the parents’ business, not the should be limited.” government’s. When asked whether tackling childhood obesity was the proper role Join the Carolina Journal Publishers Council School nutrition of government, bill sponsor Rep. Verla Insko, D-Orange, said: Carolina Journal is North Carolina’s real alternative media H.B. 503 imposes new nutrition “The children of today will be our source, giving you in-depth reports of statewide news, ag- standards on “competitive foods” sold future soldiers, law enforcement, and gressively uncovering corruption and holding elected officials in schools. Competitive food is de- accountable and honest. fined as any food or beverage sold to other public safety officers, and our fu- students on school grounds that is not ture Medicaid and Medicare patients.” We have the stories exposing millions of dollars in govern- part of the federal school breakfast or Republican co-sponsor Rep. Ste- school lunch program. That includes phen LaRoque, R-Lenoir, agreed: “As ment waste, numerous cases of political cronyism, sweetheart food sold in vending machines, school long as government’s going to subsi- real estate deals for politicians, and secret political slush funds. stores, snack bars, fundraisers (includ- dize health care, yes, it is.” ing bake sales), and other informal LaRoque said studies show limit- If you believe government without scrutiny is a dangerous food sales to students on the school ing access to low-nutrient competitive thing, count on Carolina Journal to be your watchdog. Get the campus. foods lowers a student’s body mass inside lowdown on statewide news. The bill would subject competi- index. tive foods to nutrition standards es- “We’re also going to track them,” Producing the best journalism in North Carolina is expensive. tablished by either the federal gov- LaRoque said. “We’re going to take Keep the presses rolling. Join the Carolina Journal Publish- ernment’s Institute of Medicine or the their BMI and track them per grade as ers Council today at http://www.carolinajournal.com/sup- Alliance for a Healthier Generation, a they grow up, so we’ll be able to tell if port/. nonprofit founded by the American what we’re doing has any effect.” JULY 2011 | CAROLINA JOURNAL PAGE 9 Education School Reform Scores Solid Gains in 2011 General Assembly By Karen Welsh ford to do so.” Contributor Julia Adams, assistant director of RALEIGH government relations for the ARC of hree educational measures in North Carolina, a nonprofit that advo- the General Assembly, initially cates for people with developmental called a part of an “extremist disabilities, said the ARC has support- agenda”T by opponents, ended up gained this “hotly debated topic” for years. ing significant support from both Re- “This is a big bill for North publicans and Democrats and becom- Carolina,” she said. “It’s very tightly ing law. drawn, and I was very impressed with Senate Bill 8, House Bill 344, and the bipartisan support. It’s a positive House Bill 48 proved to be a trifecta piece of legislation that will help de- for parents seeking additional choices velopmental, intellectual, blind, and for the education of their children. The hearing-impaired children in the state. first measure ended the statewide cap We believe it’s a very fair and balanced on public charter schools, set at 100 for bill that allows parents better options more than a decade. The second pro- to better serve their students.” vides tax credits to parents of children Another bill winning bipartisan with disabilities who are not being support was H.B. 48, which would do served by their current public school. away with some standardized tests in The final one would end four end-of- courses including history, science, eco- course standardized tests for students nomics, and mathematics. that are not mandated by federal law. Early on, Wake County Supe- Terry Stoops, director of educa- rior Court Judge Howard Manning tion studies at the John Locke Founda- had warned legislators about the legal tion, said a lot of positive results came ramifications of the potential new law. from the legislative session. More students like these at Sugar Creek Charter School in Charlotte will have the Manning oversees the Leandro court “Some of it was surprising,” he opportunity to attend charter schools now that the statewide 100-school cap has been eliminated. (CJ file photo) decision, ensuring that North Carolina said. “Even with the prediction that school districts live up to the state con- these laws would bring on Armaged- ward into the 21st century,” he said. siphoning millions of dollars in funds stitution’s guarantee of a “sound, basic don, it was a good session. I feel each “We couldn’t be happier.” for education, nutrition programs, and education” for all students. side got what they wanted. The laws Allison said PEFNC’s 60,000 sup- transportation. Manning’s warning did not deter lay a good foundation, some of which porters have led the charge in aggres- After going through a series of al- Rep. Bryan Holloway, R-Stokes, from we’ve needed to do for years. It was a sively chipping away at ineffective terations and revisions, the bill finally sponsoring the bill with the hope that good start. It’s a blow to the status quo, education laws. passed 45-0 in the Senate and 104-5 in the state could eliminate unnecessary and parents have emerged the win- One of PEFNC’s priorities was the House. Gov. Bev Perdue signed it or ineffective testing. ners.” S.B. 8, the legislation designed to com- into law in June. “I was a history teacher for four Darrell Allison, president of Par- Another PEFNC-backed bill that years and saw, firsthand, how we are ents for Educational Freedom in North pletely lift the public charter school cap. received overwhelming bipartisan taking all creativity out of the class- Carolina, a grass-roots coalition com- support was H.B. 344, Tax Credits for The bill started out in a flurry of room,” he said. “We are making robots mitted to educational reform through- Children with Disabilities. The bill al- out of the kids.” out the state, said the session was a controversy. House Minority Leader lows special-needs students in the Holloway said the state could do success for those committed to excel- Joe Hackney, D-Orange, labeled it as public education system to receive tax much better for children, and that par- lence in education. a measure of the “extreme right–wing credits for education if they are not ents and 95 percent of teachers state- “There’s been strong leadership agenda.” He, along with other Demo- being properly served in their school. wide agreed. this year and it’s been a good para- cratic opponents, said the bill would Parents can use the credit — as much “State-mandated testing is not a digm shift on moving education for- damage traditional public schools by as $3,000 per semester or $6,000 per part of a sound and basic education for year — to offset the costs of tuition at children,” he said. “Testing does quite Locke, Jefferson and the Justices: either a private school or at a public the opposite.” school that charges tuition. Perdue allowed the bill to pass, Foundations and Failures of the U.S. Government The bill also provides a trust fund unsigned, into law. of money to shore up special education “Personally, I believe the tests programs at public schools where stu- now used in school systems are due By George M. Stephens dents choose to stay. for change,” Perdue said. “I’ve talk- “It’s huge,” Allison said. “As an ed to many teachers, and heard from organization, we’ve been working on Preface by Newt Gingrich education leaders across the state. It’s this for four years. We have now laid clear that current testing does not ac- the groundwork to see all schools meet complish our shared goal of excellent “This book is about American the needs of special-needs students.” politics and law; it is also about Although the bill passed 94-20 teachers in every classroom and the the roots of the Contract with in the House and 44-5 in the Senate, best schools for our children in every community.” America. A logical place to find the American Civil Liberties Union of North Carolina claimed the new law Perdue said she does not support the intent of the Founders is in eliminating all tests from the school Locke, [and] Stephens makes would place the state on a “slippery slope.” system. Instead, she encouraged lead- a contribution to highlighting In a statement, ACLU-NC said: ers in the state to develop a process for this.” “By creating an outlet by which stu- identifying areas in testing that need Newt Gingrich dents with disabilities may leave the improvement. Former Speaker public schools rather than finding a Stoops said it is his hope that U.S. House way to encourage public schools to leaders will replace the repealed stan- of Representatives provide a sound basic education to all dardized testing with high-quality students, H.B. 344 sets up a precedent measurements that will allow North for simply allowing certain defined Carolina educators to compare our classes of underserved students to flee results with those of students across Algora Publishing, New York (www.algora.com) the public school system if they can af- the nation. CJ PAGE 10 JULY 2011 | CAROLINA JOURNAL Local Government

Town and County

Rental inspection limits JLF Guide: Stick to Core Gov’t Functions

The General Assembly has By CJ Staff counting of debt.” passed legislation imposing limits RALEIGH Another section warns local governments against on rental unit inspection programs ocal governments will serve their communities best targeting businesses for special subsidies. “Targeted tax run by municipalities. Though by focusing on core government functions, limiting breaks, cash grants, and other special deals for government- most cities’ programs will face spending and taxation, and protecting private prop- selected businesses burden other local businesses and citi- minor changes, a key element of Lerty from unnecessary government intrusion. Those are zens with the cost of those subsidies,” said Roy Cordato, Greensboro’s inspection program key principles driving recommendations in the John Locke vice president for research and resident scholar. will have to be dropped, reports Foundation’s new City and County Issue Guide 2011. “Local governments should focus instead on making the Greensboro News & Record. The new guide arrived as local governments prepared their communities conducive to economic growth and busi- Greensboro’s program is un- for the new budget year that started July 1. Candidates also ness investment by keeping property taxes, sales taxes, and usual in that it subjects properties are preparing to run for municipal offices across North Car- business regulations and fees low,” Cordato added. “They to random inspections even if no olina. should avoid implementing new taxes, and they should fo- complaint about their habitability “This guide covers topics ranging from taxes to tran- cus on essential government services — such as providing has been filed. Every year, the city sit, from smart growth reliable sources of water and inspects about 2 percent of rental to stadiums, from edu- transportation — that ac- properties to check compliance cation to eminent do- commodate the work force’s with all housing code items. main,” said Michael desired lifestyles and indus- Republican legislators see Sanera, JLF director of try’s needs.” random inspections as a property research and local gov- Five simple rules rights issue. “If it’s an issue where ernment studies. “The should limit local govern- they [cities] are violating some- common thread in the one’s Fourth Amendment rights ments’ use of eminent do- recommendations for [against unreasonable search and main powers to take prop- each of these topics is seizure], then, yes, they’re going to erty away from private freedom. By increasing have a problem with it,” said Rep. owners, according to the Is- individual freedom, Mike Hager, R-Rutherford. sue Guide. local governments can Proponents of random in- “Make sure no alter- foster the prosperity of spections contend that they help natives exist,” said Daren catch safety issues early. all North Carolinians Bakst, director of legal and Inspection programs can and keep open avenues regulatory studies. “Negoti- continue to require inspections if to innovative solutions ate in good faith. If a govern- there’s reason to suspect a prop- from enterprising citi- ment plans to take property, erty may have problems. zens.” take it for a ‘public use’ only. The 40-page Do not take property direct- guide addresses 18 of ly or indirectly for economic Taxes, tags to be linked the most important development. Avoid eco- topics local govern- Local governments have had nomic development takings ments must address. trouble collecting the property tax- because they actually hurt It tackles services local es due on motor vehicles. Things economic development.” governments provide, may get easier in 2013, when prop- Several key principles erty tax payments will be required steps those govern- also can help county gov- to renew automobile registration, ments take to fund ernments make better deci- reports the Winston-Salem Journal. their services, and gov- sions about funding school- Under the current sys- ernment policies that related programs. “Local tem, counties send tax bills three restrict land use and government appropriations months after vehicle owners re- property rights. Sanera to school districts should be new their registrations. Only and the JLF research tied to performance-based about 65 percent pay their prop- staff analyze key chal- measures and innovative lenges linked to each erty taxes on time. practices that ensure sound topic. “What generally happens is expenditure of local tax dol- For example, one that we send out a past-due notice, lars,” said Terry Stoops, director of education studies. and that brings our collections up section calls for local governments to follow four principles “Local governments should monitor school appropria- another 10 percent or so to 75 per- when developing land-use policies. tions closely and measure the effectiveness of the funding,” cent,” said Forsyth County Tax “First, modern land use must Stoops added. “Local govern- Assessor Pete Rodda. “Then we be based on simple rules that al- ments should pay special atten- start the usual enforcement things low individuals to pursue their To get a PDF copy of tion to spending on school district — attaching bank accounts, gar- own plans for using their land,” City and County Issue Guide 2011, nishments … referring them to the personnel. The school budget pro- Sanera said. “Second, decisions go to credit bureau.” should be depoliticized. Third, cess should be as transparent as Counties have the option of local governments should avoid http://bit.ly/ih8NXU possible. Plus, local governments blocking the vehicle’s registration impact fees and adequate public should minimize the amount of for the following year, but that’s facilities ordinances, which create, debt incurred for school capital not always effective. rather than solve, growth-related problems. Fourth, land- expenses.” The state passed a law sev- use policies should re-establish the rule of law.” The City and County Issue Guide complements JLF’s an- eral years ago requiring vehicle The issue guide also recommends that local govern- nual By the Numbers report, which ranks cities and counties owners to pay property tax for the ment turn to voters before deciding to take on additional based on the costs of running local government. current year before they could up- debt. “Local governments should put all debt to a referen- “Voters and taxpayers can use the Issue Guide as a re- date their license plates. Software dum vote concurrent with a general election or primary source when they question local government costs,” Sanera problems and a lack of funding election,” said Joseph Coletti, JLF director of health and fis- said. “Elected leaders can use the Guide to find savings. By have pushed back implementa- cal policy studies. “Before that vote, governments should following the Guide’s recommendations, local governments tion to 2013. CJ report the full financing costs and expected repayment plan. can limit the unnecessary growth that encroaches on freedom Local budgets and financial reports should include a full ac- and digs deeper into taxpayers’ wallets year after year.” CJ JULY 2011 | CAROLINA JOURNAL PAGE 11 Local Government

Court: Dam Owners Should Get COMMENTARY Compensation for Diversions Broadband Law

By Michael Lowrey N.C. Supreme Court held that the rea- Associate Editor sonable-use doctrine does not apply in Removes Taxpayer Risk RALEIGH condemnation proceedings. n May, the General Assembly system that may become obso- n an April decision, the state’s sec- The water authority also claimed passed legislation limiting the lete, and they’re going to say to us ond-highest court affirmed a lower that the state’s water impound statutes ability of cities and towns to of- [legislators] ‘Please save us,’” said court ruling that the Randleman and its EMC permit gave it a “supe- Ifer broadband service. Towns wish- then-Sen. David Hoyle, D-Gaston, IReservoir hurts small private hydro- rior” right to those of riparian right ing to offer broadband now must last year in arguing for legislation electric dam operators on the Deep holders to withdraw excess water from get voter approval before borrowing similar to what the General Assem- River and the public water authority the Deep River; the authority said it money to finance a system, would bly just adopted. is liable for damages. The fact that the was required to compensate riparian pay the same taxes as private broad- City government types, of water authority held state and federal owners only if it took more than the band providers, and couldn’t cross- course, cannot imagine that they permits to build the dam in no way 30.5 million gallons per day from the subsidize broadband service. It’s an would make mistakes in running a minimized the need to compensate the river than its EMC certificate allows. important and entirely appropriate broadband system. But then again, affected dam owners. The Court of Appeals rejected move that protects citizens from the they also are planners and regula- Aiming to secure a water sup- this argument. risks of government-run businesses tors by trade, tasks that presume ply for the next “Clearly, the gone bad. that government officials 50 years or more, i m p o u n d m e n t Cities were allowed are all-knowing and all- into the broadband game wise. Randolph County, The North Carolina Courts statutes and the in 2005, when the N.C. Concerns about EMC certificate Greensboro, High Court of Appeals al- government-run utili- Point, James- authorized defen- lowed municipalities to ties making missteps town, Archdale, dant to exercise its offer broadband services are not just theoretical. and Randleman power of eminent to residents. Since then, North Carolina has had formed the Pied- domain by di- five have gotten into the a very bad experience mont Triad Re- verting the water broadband business: with municipalities play- gional Water Au- flow in the Deep Wilson, Salisbury, Moores- ing around in the utility thority. In 1988, River in order to ville, Davidson, and MICHAEL business. In the 1970s, 50 PTRWA asked develop a public Morganton. LOWREY municipalities — includ- the N.C. Environmental Management water supply,” wrote Judge Douglas Advocates claim that ing High Point, Gasto- Commission for permission to use em- McCullough for the appeals court. more public systems are nia, Monroe, Statesville, inent domain to divert water from the “The exercise of eminent domain needed to compete with traditional Greenville, Rocky Mount, and Wil- Deep River basin to construct Randle- in itself is a superior right over any pri- Internet service providers such as son — decided to get back into the man Lake. In February 1992, EMC vate landowner. However, just because Time Warner Cable in the delivery electric power business. These cities granted PTRWA authority to transfer defendant is authorized to exercise its of ultra-high-speed Internet aimed and towns formed two groups — primarily at business customers. North Carolina Eastern Municipal up to 30.5 million gallons a day from powers of eminent domain, it does not These same proponents also think Power Agency and North Carolina the Deep River Basin to the Haw and follow that defendant is relieved of the constitutional mandate to compensate that many critical rules that tradi- Municipal Power Agency Num- Yadkin River basins. It also gave the tional ISPs labor under shouldn’t ber One — to buy part interests in those whose property is taken.” water authority permission to acquire apply to municipal broadband nuclear power plants that Duke PTRWA also argued that the land for the project by eminent do- systems. Energy and Carolina Power & Light main. Deep River dam owners should not re- Make no mistake, when (now Progress Energy) were build- In April 2001, the U.S. Depart- ceive compensation because they had a municipality decides to offer ing at the time. ment of the Army issued the section not opposed the issuance of the per- broadband services, it is taking on The move didn’t turn out well 404 permit required under federal law mits needed to create the Randleman significant risks. There’s no guar- for the municipalities involved. for the construction of a dam in naviga- Reservoir. State law in general requires antee that any of these systems They overestimated the demand for ble waters. Construction of the Randle- plaintiffs to exhaust administrative will be a roaring success, or even electricity while buying into what man Dam started soon after that. remedies before going to court. cover their costs. To date, the state’s turned out to be Duke and CP&L’s In May 2008, the owners of five The Court of Appeals was not municipal broadband systems have highest-cost power plants. small hydroelectric dams located on persuaded. borrowed more than $140 million — Making matters worse, the “Plaintiffs are not required to in- about $1,000 per resident — without entities that the cities formed chose the Deep River sued PTRWA seeking tervene in defendant’s applications for explicit voter approval to construct in the 1980s to keep rates artificially compensation for the loss in revenues the EMC certificate or 404 permit be- their broadband systems. low initially while racking up large resulting from the lowered water lev- cause they are not challenging defen- Our nation’s legal system debts that would have to be repaid els. After a Superior Court judge ruled dant’s right to divert water from the provides a solution when busi- in the future. Today’s electric rates in favor of the dam owners, PTRWA Deep River or construct the Randle- nesses make bad decisions and/or in NCEMPA and NCMPA1 mem- sought review before the Court of Ap- man Dam, but are asking to be com- get unlucky. It’s called bankruptcy. ber municipalities are substantially peals. pensated as a result of the reduction of Indeed, Davidson and Mooresville higher than in surrounding areas. got into the broadband business by These higher rates often are de- At issue was how state statute water flow,” wrote McCullough. buying up the local cable system, scribed as a major economic devel- and case law handled “riparian rights,” The appeals court also noted that vested property rights arising from the which had gone bankrupt. opment problem for the affected even if the dam owners had intervened While local governments can communities. ownership of land that is bounded or in the permitting process, neither the traversed by navigable water. PTRWA in theory declare bankruptcy, it has The good news is, the General EMC nor the Department of the Army not been allowed to happen very Assembly’s recent action could argued that the dam owners do not has the authority to award compensa- often. Instead, taxes get raised or prevent a repeat involving munici- have a property interest in the flow of tion for PTRWA’s taking. services get cut to cover the losses of palities getting into the broadband the Deep River and reductions in its The exact amount of compen- a failing government-run enterprise. business. CJ flow are not a compensable taking un- sation will be determined in a future Municipalities also run to state gov- der state law. court hearing. ernment looking for a bailout. Michael Lowrey is an associate The Court of Appeals noted, The case is L&S Water Power “They’re going to own a cable editor of Carolina Journal. however, that in a 1980 case, Board of v. Piedmont Triad Regional Water Au- Transportation v. Warehouse Corp., the thority (10-1063-1). CJ PAGE 12 JULY 2011 | CAROLINA JOURNAL Local Government From the Newsstands Monthly Billing Plan Could A Perry Message? Save Durham Money and Water By Michael Lowrey must approve a wide variety of actions hilip Klein writes for the Wash- right.” Huntsman plans to defend Associate Editor endorsed by the airport board, though ington Examiner that a Texas his record as quintessentially conser- RALEIGH such approval is almost always a for- Gov. Rick Perry presidential vative, including measures to protect he city of Durham currently mality. Pbid would send a message to Wash- the environment that included sup- sends residents a water bill every Proposals to make the airport in- ington about respecting state gov- port of cap and trade. Contrary to other month. That could change, dependent of the city passed the N.C. ernments’ proper role: charges that he has flip-flopped—that Tif a proposal to go tomonthly billing is House in 2008 and 2011 but did not Perry would surely emphasize ever-handy label usually applied by approved by Durham City Council, re- clear the Senate. Texas’ strong economic performance the nonthinking to the thinking— ports the Durham Herald-Sun. “I actually don’t see this making relative to the rest of the nation in Huntsman now says that economic Most other a very profound a presidential run, drawing a stark changes mean that other priorities, water systems change,” said contrast between such as job creation, and most other City Councilman his policies and come first. utilities in gen- Cherokee Brownie New- President Obama’s. Cap and trade? eral bill on a man, a member of But he would also Targeted tax breaks monthly basis. the airport board. focus on restoring for government- Durham Water to “It’s already inde- a proper balance selected economic M a n a g e m e n t pendent in terms of power between winners? Increased Director Don of how it’s run.” Washington and government in- Greeley argues Currituck City officials the states. volvement in the it’s time for the do object to the “The framers health care sector? city to adopt airport becoming of our constitution Does he believe monthly billing, too. independent without providing the knew all too well “quintessentially” is “We actually think it’s going to city any compensation. The bill the what happens when a synonym for “pho- save us money,” Greeley told the coun- House passed this year does not pro- distant, too power- ny”? cil. vide compensation, and federal rules ful governments That seems counterintuitive to may prevent payment for facilities that hold sway over a nation,” Perry de- Councilman Eugene Brown and May- also have received federal money in clared during his [Republican Lead- Some of former President Bill or Bill Bell, as the city would have to the past. ership Conference] speech. “That’s Clinton’s big ideas for putting peo- spend an extra $250,000 to mail state- The measure could be revisited why they decentralized power out of ple back to work are a little dubious, ments on a monthly basis. by the Senate during next year’s short Washington, D.C., into the hands of but at least one of the ideas listed in Greeley argues that monthly bill- session, especially if a solution can be the states.” a Newsweek cover story makes sense: ing is a best practice, allowing the city reached on the compensation issue. He later added, “Our goal is Cut the corporate tax rate. to identify delinquent accounts sooner. to displace the entrenched powers in It’s true that our corporate Currently, a resident could be nearly Convention center booking Washington and to restore the right- rates are the second-highest in the four months behind in payments be- ful balance between state and federal world. But it’s also true that what our fore running the risk of having service Among the local government is- government.” … corporations actually pay is nowhere cut off. sues that the General Assembly con- … With Obama claiming un- near the second-highest percentage Unpaid water bills add up for sidered this past session was who precedented federal powers (such as of their real income in the world. So the city: As of May 1, Durham had should have priority in booking space the idea that Washington can force all I’d be perfectly fine with lowering the $716,190 in accounts that were beat the Wilmington Convention Cen- Americans to purchase government- corporate tax rates, simplifying the tween six months and a year past due, ter. The issue arose after a local home- approved health insurance), the time tax code, and saving some money on or an average of $119,365 per month. builders’ group complained that it is ripe for the national conversation accountants, but broadening the tax Greeley estimates that monthly billing couldn’t book space at the facility after about federalism that a Perry candi- base so that all of them pay a reason- could reduce monthly delinquencies the convention center had given prior- dacy would likely provoke. able amount of tax on their profits. by 26 percent by starting the collection ity to a similar national show, reports That’s what the Bowles-Simpson process earlier and limit its losses by the Wilmington Star-News. commission recommended, and it’s cutting off service sooner. Savings of The Wilmington Convention the right policy. Lower the rates to be that magnitude would more than off- Center, like many other convention Kathleen Parker’s latest News- competitive, but reduce the loopholes set the higher postage costs. centers, gives priority in bookings to week contribution makes the case for that cause unfair disparities. We all Monthly bills also would help the events that will attract many out-of- former Utah Gov. Jon Huntsman’s need to contribute something to help city and residents detect water leaks town visitors. presidential bid. meet our shared challenges and re- earlier. The Wilmington-Cape Fear Home There must be something to the sponsibilities, including solving the Builders Association originally had the formula. Huntsman had a whopping debt problem. Asheville airport control right of first refusal to hold at a show at the convention center. By the time it 90 percent approval rating from Utah The city of Asheville may have voters when he left the governorship little interest in overseeing day-to-day could afford to organize the event, the in 2009 to become ambassador to Here’s an excerpt from a Bloom- operations at Asheville Regional Air- convention center had booked a simi- China. As governor, he accomplished berg Businessweek conversation with port. But it’s not willing to cede own- lar show run by a national group that at the state level many of the policies investor Jim Rogers: ership of the facility to an independent had requested and received a black- he hopes to bring to the White House, What do you want Presi- airport authority, reports the Asheville out period for competing shows. The chiefly a flat tax and other reforms to dent Obama to do right now?: Citizen-Times. blackout period precluded the local stimulate business. In Utah, indus- Resign. The idea of having an indepen- group from holding its event. tries such as renewable energy and Well, that’s not going to dent authority completely in charge of This prompted the homebuilders mining received about $30 million happen. Seriously: What he should the airport is not new. The airport cur- association to ask Sen. Thom Goolsby, in tax credits. Huntsman also over- do is take an ax — no, not an ax — rently has a seven-member board, with R-New Hanover, to intervene. He did saw health-care reform that expanded take a chain saw to spending in the three members appointed by Asheville and filed a bill giving local groups pref- insurance coverage to children, an U.S. We have got to balance the bud- City Council, three by the Buncombe erence in booking events competing “entitlement” that some Republicans get. We have got to pay off the debt, County commission, and the airport with those staged by outside groups have criticized. [Republican con- somehow, someday. board picking the seventh member, that generate fewer than 500 room sultant Fred] Davis describes it as who typically has been a Henderson nights of hotel bookings. Goolsby has “Obamacare and Romneycare done — MITCH KOKAI CJ County resident. Asheville City Coun- shelved the bill for now and stated that cil, as the legal owner of the airport, he will try to mediate the dispute. CJ JULY 2011 | CAROLINA JOURNAL PAGE 13 Local Government Triad Residents See Little Trouble PARTing With Transit Agency

By Sam A. Hieb in a recent letter to the editor in the Contributor News & Record. GREENSBORO Board member Gloria Whisen- ar be it for a conservative to feel hunt, who also serves on the For- sorry for a mass transit agency. syth County Board of Commission- Still, anyone with a heart who ers, acknowledged that empty buses, Ftakes a look at the state of the Pied- combined with PART’s requests for mont Authority for Regional Transpor- increased funding, only hurt the au- tation has to feel a little sympathy. thority’s image. PART is facing a funding crisis of “Until my board sees that PART epic proportions. As a result, its future is cutting, I don’t know if there’s any- is far from certain. At the very least, thing we can do to change our image,” routes could be reduced greatly; at the Whisenhunt said. very worst, it could shut down. Indeed, PART has cut some routes “Shut it down, and let them re- and restructured others, and more cuts act,” PART board member and Greens- may be on the way depending on the boro City Councilman Robbie Perkins funding situation. said during the board’s June meeting. At the June meeting, PART mem- “The only way to get their attention is bers also voted to raise per-trip fares to hit them over the head.” from $2 to $2.40 and monthly passes Perkins is referring to local lead- from $60 to $74.50. ers of PART’s membership counties, While that might be a start, it who so far are reluctant to appropri- never would be enough to make PART ate more funding, mostly in response self-sustaining. Adding insult to injury, to constituents, who believe they’re PART — which receives federal fund- taxed enough already. Another tax to ing — cannot raise fares more than 25 support a service that benefits a small The Piedmont Authority for Regional Transportation envisions a massive complex percent without conducting a study to portion of the population would be the of routes covering the Triad and beyond by 2025. (PART map) ensure that a hike will not violate rid- last straw. registration fee to help raise funds, but slightly in 2010 after a flat 2009. ers’ civil rights under federal law. Relating that sentiment, Surry that idea fell flat among local govern- While a few routes, notably from Despite efforts to show that it is County Commissioner Paul Johnson ments. A $1 fee also fell flat, and direct Winston-Salem to Boone — which at- streamlining operations, board mem- said at the May board meeting that contributions from counties during a tracts students attending Appalachian bers still will have a tough time en- he’d “never taken a beating like I’ve hancing PART’s image. tough budget year appear to be out of State University — are popular, one of taken in the last three weeks over this Board member and High Point the question. the strongest criticisms of PART from issue.” Mayor Becky Smothers’ concern about “The problem is we don’t have comments in local newspapers and A major chunk of PART’s fund- the cost of running ads in local media ing comes from a tax on rental cars, but buy-in from local bodies,” Perkins said. blogs is commenters constantly see perfectly illustrates the position in revenue from the tax has decreased “I haven’t heard anything but ‘no.’” empty buses running down the road. which PART finds itself. Advertising almost $900,000 from fiscal year 2010 PART serves 10 counties in the “There are empty PART buses is a costly, yet necessary, expense to at- and is expected to decrease another Triad area, the majority of which are and empty PART parking lots. I live tract more riders and increase revenue. $800,000 for fiscal year 2012. rural counties such as Yadkin and Sur- close to a destination for PART, and I And without the added revenue, PART Only Randolph County provides ry. have seen buses come into the desig- possibly would no longer exist. additional revenue, with a $1 fee on Revenues from the fare box in- nated area, and no one gets on, and “Within a very short period automobile registrations. creased slightly from $610,000 in 2010 no one gets off. The bus sits there as of time, we’re going to run out of PART executive director Brent to $630,000 in 2011. Ridership fluctu- if people are going to materialize,” money,” Smothers said. “Some- McKinney pitched a $3 systemwide ates with gas prices but increased only Greensboro resident Bob Ayers wrote thing’s got to change.” CJ Help us keep our presses rolling Publishing a newspaper is an expensive proposition. Just ask the many daily newspapers that are having trouble making ends meet these days. It takes a large team of editors, reporters, photographers and copy editors to bring you the aggressive investigative reporting you have become accustomed to seeing in Carolina Journal each month. Putting their work on newsprint and then delivering it to more than 100,000 readers each month puts a sizeable dent in the John Locke Foundation’s budget. That’s why we’re asking you to help defray those costs with a donation. Just send a check to: Carolina Journal Fund, John Locke Foundation, 200 W. Morgan St., Suite 200, Raleigh, NC 27601. We thank you for your support.

John Locke Foundation | 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 PAGE 14 JULY 2011 | CAROLINA JOURNAL From Page 1 N.C. Government Jobs Proving to Be Recession-Proof Continued from Page 1 Population Survey, is a monthly house- hold survey conducted by the Census Perdue, Democratic legislative Bureau for BLS. It provides estimates leaders, and public employee advo- for the number of persons employed, cates claim the General Assembly’s unemployed, and those not looking for budget would lead to thousands of work, and also computes unemploy- layoffs in public education. The GOP ment rates. Data is available for the “plan leads to thousands of classroom United States, and each state, as well layoffs, increased class size, and will as individual counties and regional take North Carolina to near the bottom geographic areas. Monthly seasonally in per pupil funding nationally,” said adjusted estimates, in which seasonal NCAE president Sheri Strickland in trends are smoothed for better com- mid-June. parison over time, are also provided The Republican budget “fires for the nation and state. The season- thousands of teachers and teacher as- ally adjusted May unemployment rate, sistants and damages the ability of the most used, was 9.1 percent for the young people to learn and succeed,” country and 9.7 percent for North Car- said House Democratic leader Joe olina. Hackney, D-Orange. The second program, the Current Perdue’s office provided Carolina Employment Statistics Program, also Journal a comparison of public-sector known as the establishment or payroll job losses projected in the governor’s survey, collects data from a sample of budget and those she predicts would employers. The program generates be eliminated by the legislature’s bud- of May, private-sector employers have percent increase. estimates for the number of jobs in get. Her plan would have terminated restored 116,700 net jobs, leaving pri- each industry type, in each state and 7,417 government jobs in the coming vate-sector employment 294,000 jobs Measuring employment the nation. Once a year, the employ- fiscal year, 3,646 fewer than the gov- below the levels at the start of the re- The Bureau of Labor Statistics ment estimates are compared to actual ernment job losses she projected for cession. in the U.S Department of Labor is the counts from administrative records in the General Assembly’s budget. In ei- Total government employment principal federal agency responsible each state’s unemployment insurance ther event, public-sector employment essentially has remained unchanged, for measuring labor market activity. program. Revisions are common and would continue to fare better than job with 711,100 jobs in North Carolina at Two programs supply the most com- sometimes significant after the esti- reductions in the private sector. the beginning of the recession in 2007 monly referenced employment num- mates are compared to actual counts. Since the beginning of the reces- and 708,300 jobs in May. Combined bers. One is a count of people, and the Monthly seasonally adjusted es- sion — when private-sector employ- state and local government jobs have other is a count of jobs. A person count- timates are also provided for the na- ment statewide was 3.5 million — net gone down by 7,800, or slightly more ed as working actually could be work- tion and state. The most detailed data job losses in the private sector reached than 1 percent. Federal government ing at two distinctly different jobs. by industry grouping is not available a high of 410,700 in February 2010. As jobs rose from 64,100 to 69,200, an 8 The first program, the Current seasonally adjusted. CJ Job-Creation Plans Abound, But Do Any of Them Work? Continued from Page 1 and create jobs and speed up an eco- tion called for speeding up the permit- mends cutting U.S. corporate tax rates nomic recovery. Though supporters ting process for large projects. None of that he said were the second-highest in answers to these questions could dic- said the stimulus bill would prevent the solutions involved reduced gov- the world. tate the direction of taxes, regulations, unemployment nationally from mov- ernment spending or lowering taxes. and government spending — in Wash- ing above 8 percent, in fact the season- Meantime, U. S. Sen. Kay Hagan, Jobs debate in N.C. ington and Raleigh as well. ally adjusted U.S. unemployment rate D-N.C., introduced her own jobs bill Those contrasting approaches Federal jobs plans peaked at 10.1 percent in October 2009 in June. “Job creation is my number have played out in North Carolina’s and remained at 9.1 percent in May. one priority, and the America Works budget debate. In May, Rep. Eric Cantor, R-Va., In February, Obama took a Act will connect people looking for The $19.9 billion budget proposal the House majority leader, released separate approach when he formed work to employment opportunities,” Gov. Bev Perdue offered in February “The House Republican Plan For the President’s Council on Jobs and she said in a press release. Hagan said extended three-fourths of the 1-cent America’s Job Creators.” His plan Competitiveness, a 26-member com- there is a disconnection between com- sales tax increase that was set to expire called for a review of burdensome mittee of “distinguished citizens out- munity college training programs and at the end of June. By allowing the tem- regulations, limiting business and inside the federal government,” headed the needs of employers. Her bill would porary sales tax to stay on the books, dividual income taxes to 25 percent, by GE Chairman Jeffrey Immelt. The create a nationwide credentialing pro- she also was able to include a cut in the and expediting pending free-trade Jobs Council was created to “provide gram in all industries to address the state’s corporate income tax rate — the agreements with Colombia, Panama, nonpartisan advice to the president on problem. She said eight community highest in the Southeast — from 6.9 and South Korea. It also called for continuing to strengthen the nation’s colleges in North Carolina have a skills percent to 4.9 percent. fast-tracking visas for highly skilled economy and ensure the competitive- credentialing system that could be a The GOP countered with a $19.7 immigrants, shortening the Food and ness of the United States and on ways model for the nation. billion spending plan that let the tem- Drug administration’s drug approval to create jobs, opportunity, and pros- Former President Bill Clinton porary sales tax sunset and added a process, maximizing domestic energy perity for the American people.” recently released his 14-point “jobs provision exempting from income production, and reducing spending to Obama came to North Carolina blueprint.” Clinton acknowledged that taxes the first $50,000 of income gener- pay down the federal debt. June 13 to participate in the second full further federal stimulus spending and ated by small businesses. Republican Contrast this with the American meeting of the council. At that event, additional incentives targeted directly legislative leaders said the expiration Recovery and Reinvestment Act of the council released an 11-point plan toward creating jobs were unlikely. of the sales tax would return money to 2009, passed by the then-Democratic for creating jobs. Suggestions included Among his suggestions: a program to consumers; they would spend it and Congress and championed by Presi- graduating 10,000 more engineers, en- paint all black roofs white to save ener- create new jobs in the private sector, dent Barack Obama. Also known as hancing community college training gy costs, government-funded on-the- offsetting any positions eliminated in the stimulus package, the $800 billion programs, and improving the small job training, and teaching skills that spending bill attempted to preserve business loan process. Another solu- employers need. His plan also recom- Continued as “Job-Creation,” Page 15 JULY 2011 | CAROLINA JOURNAL PAGE 15 From Page 1 Republicans Advance Agenda in Feisty 2011 Session Continued from Page 1 it into law. The new law recognizes a separate, unborn victim in the event of also found himself in handcuffs after a violent attack on a pregnant woman. shouting from the House gallery. Fanning the flames even more, Left on the table the GOP might try to override a handful of Democratic Gov. Bev Perdue’s Despite pledges from the new vetoes in the coming months. majority to foster more transparency At press time Perdue had vetoed in state government, open-records ad- 12 bills — a record for any Tar Heel vocates had a disappointing session. State chief executive — including the One of their chief goals — passage of $19.7 billion budget, which also is the a “sunshine” amendment codifying only successful veto override under- North Carolina’s public records law taken by Republicans. into the state constitution — got scut- tled over objections from some Repub- Winners and losers licans. Another bill, this one to expand In the meantime, political prog- Legislators meet in the House chamber on opening day of the 2011 session. (CJ file significantly the public’s access to per- nosticators in the state’s capital dis- photo) sonnel records for state and local gov- agree about who came out on top — the Gun rights mied for 15 years, Republicans suc- ernment employees, fell by the way- Republican majority or Perdue — in ceeded at shepherding through two side. It didn’t make the legislature’s Even though budgets dominated the wake of the hectic session. Much of bills aimed at reducing abortion and a self-imposed crossover deadline, the the session, Republicans dealt with a the outcome depends on how the econ- third strengthening protections for un- drop-dead point for nonfiscal bills to wide spectrum of social issues, chief omy fares and how the public reacts to born children in criminal law. clear either the House or Senate before among them guns and abortion. government cutbacks, they say. The Woman’s Right to Know Act, they can be considered during next The most high-profile firearms “The budget is going to be an is- the most controversial and heavily re- year’s short session. measure, an “omnibus” gun-right sue because there are a lot of indepen- ported of the measures, would require Although the session smiled on bill, passed the legislature with bipar- dent voters who might feel that the that abortion-minded women be pro- pro-lifers overall, one measure got tisan support. It would expand legal crunch, particularly in K-12 education, vided certain information at least 24 pushed aside in the waning days of the protections for gun owners who use is just too much,” said N.C. State Uni- hours prior to the procedure, includ- session. It would have banned counties deadly force in self-defense. Com- versity political science professor An- ing an ultrasound image of the unborn and municipalities from including cov- monly known as the “castle doctrine,” drew Taylor. child and details on medical risks. erage for elective abortions in employ- the provision applies to individuals in On the other side of the coin, Thirty-four states have similar ee health insurance plans. The General their homes, motor vehicles, or work- Republicans could win in the court laws. A fiscal note included with the Assembly did opt to ban such coverage places. of public opinion if the economy im- bill says the law would result in about for state employees. The measure also broadens the proves over the next 18 months, Taylor 3,000 more births each year. Another pro-life bill, introduced scope of the concealed-carry law, al- said. Perdue vetoed the bill. It is un- by Republican Rep. John Blust of Guil- lowing gun owners to carry in state To Democratic strategist and gov- clear whether the GOP will be able to ford County, would have clarified parks, at state-owned rest stops, and ernment watchdog Joe Sinsheimer, nei- override the veto when the General “that any infant born alive is included on hunting and fishing reservations. ther party addressed the most pressing Assembly returns in July. in the definition of a person.” It died in issue at hand: jobs. Another gun-right bill — this one On the final day of the session, committee. “Republicans talked lower taxes permitting concealed carry in restau- the House gave final approval to an Foes of economic incentives were and less regulation, while Democrats rants that serve alcohol — passed the “omnibus” specialty license plate bill pleased when the Senate abandoned stressed the importance of education House but stalled in the Senate. Law- that includes a “choose life” license a last-minute attempt to rush through at all levels, but neither party offered makers expect to take it up in the 2012 plate. Proceeds from the plate would legislation that would have authorized a specific jobs proposal or an answer short session. go to pro-life crisis pregnancy centers. the state to use taxpayer dollars to for why the state’s unemployment rate Abortion A third bill, known as the Unborn bankroll biotechnology startup compa- continues to run above the national av- Victims of Violence Act, passed ear- nies. The bill passed out of committee erage,” Sinsheimer said. After having their attempts sty- lier in the session, and Perdue signed only to die on the Senate floor. CJ Job-Creation Plans Abound, But Do Any Have a Chance to Work? Continued from Page 14 should have a good impact on job cre- “Governor Perdue believes the ence department at Duke University, ation,” he said. He also cited the work- best way to create new North Carolina disagrees. “The employment situation government agencies. They also said ers’ compensation reform, regulatory jobs is to strengthen our strong business in North Carolina is largely a federal their small business tax cut would help reform, and tort reforms as examples climate and support our high growth problem,” Munger told CJ. He said bad more companies, since few N.C. busi- of legislation passed in the current ses- and small businesses,” said spokes- federal policies and deficit spending nesses pay corporate income taxes. sion that should boost job creation. woman Chris Mackey, in response to a are the problems. “Gov. Perdue and Perdue vetoed the budget in For her part, Perdue has focused query from CJ. “That means investing the General Assembly are stuck with June, but the General Assembly was on preserving the sales-tax hike and at- heavily in education at all levels, pro- having to operate with a balanced bud- able to override the veto. tending ceremonies announcing plant viding a well-trained, highly produc- get,” he said. tive work force, ensuring capital and But Munger stressed that the pur- openings and other new business Whose policies matter? credit are available to growing busi- pose of an economy is not to create jobs. starts. She recently completed a state- nesses, knowing when to offer assis- “Jobs are a means to an end, not While a debate rages over the wide “Jobs Tour” and is quick to issue tance and support and when to get out an end in themselves. We all want to direction of national policy, can state- a press release any time a private com- of the way. That’s why she has pushed have enough money to buy the things based initiatives drive job creation? pany announces a business expansion. for regulatory reform and submitted a we need for ourselves and our fami- North Carolina Chamber of Commerce Where does Perdue think the budget that reduced North Carolina’s lies,” he said. “Only private workers President Lew Ebert told Carolina Jour- greater leverage lies — with federal corporate tax rate to the lowest in the can create the diversity of products nal he believes they can. officials in Washington, D.C., or state Southeast and provided a refundable we depend on. Government workers, “When they let the temporary lawmakers and administration officials small business tax credit.” at best, support the private sector by sales tax expire, legislative leaders sent in Raleigh? Perdue did not answer the Michael Munger, an economist providing roads, services, and [po- a signal to the business community that question directly. and the chairman of the political sci- lice] protection.” CJ PAGE 16 JULY 2011 | CAROLINA JOURNAL Interview Hayes: Spending Debate Will Determine Who Has ’12 Upper Hand

By CJ Staff RALEIGH “The question is whether President arack Obama and his fellow Democrats won big in the 2008 Obama decides that it’s smart for him, elections. Republicans won big Bin 2010. Pundits and prognosticators electorally, to side with those interest are trying to determine what this recent history means for 2012. Stephen groups that derive their power and Hayes, senior writer at The Weekly Standard and Fox News contributor, their money from the government. He discussed the electoral picture with has dipped a toe in those waters. He Mitch Kokai for Carolina Journal Ra- dio. (Head to http://www.carolina- did so in Wisconsin when he came journal.com/cjradio/ to find a station near you or to learn about the weekly out rhetorically and supported what CJ Radio podcast.) the unions were doing there.” Kokai: We have seen some wild politics in recent years, based on what Stephen Hayes happened in 2008 and what happened Senior Writer last year in the big Republican sweep. The Weekly Standard Can we tell anything about what’s going to happen in 2012 at this point?

Hayes: Well, you know, I think you framed that exactly the right way. I would argue that 2008 was in some a toe in those waters. He did so in Wis- for voting to raise the debt limit, and my chagrin, I think we have seen that ways an anomalous election. I think consin when he came out rhetorically I think they’re very serious about it. separation. It’s just that nobody is in that the circumstances that led to the and supported what the unions were I don’t think this is necessarily just a the [serious] group. There aren’t many 2008 victory for Barack Obama were doing there. But he didn’t go as far as bluff. That, depending on how those people who seem to be willing to talk the war fatigue, No. 1, and, primarily, he might have. I think if he had, he negotiations turn out, what kinds of about entitlement reform with any lev- the recession, the beginning of the re- would have strongly risked the sup- statutory restrictions are placed on el of specificity, in any detail. cession — the near collapse of the U.S. port of independents. spending — potentially the tackling I think the field, as it sits right economy. I think Obama came into We’ve since seen in places like of mandatory spending programs like now, is open for that kind of a candi- that election, or to that cycle, with an Wisconsin and Ohio the support for Medicaid in these negotiations — will date. And we’ve, you know, heard advantage in the polls. Then once the the governors there — Scott Walker go a long way to determining who has rumblings that Mitch Daniels might bottom fell out of the economy, he glid- in Wisconsin, John Kasich in Ohio — the upper hand heading into the 2012 run, and if he ran he would run that ed to victory. rebound a little bit, and they’re now elections. kind of a campaign, I believe. [Editor’s I think what we’ve seen since is enacting their agenda. You’re seeing Republicans can point back and note: Daniels announced after this in- the Obama administration misreading some progress on this. say, “Look, we made these reforms. We terview that he would not run for pres- that electoral victory as a mandate for Whatever sort of white-hot anger are the ones who forced the president’s ident in 2012.] I think if Mitch Daniels far-left policies. We saw that almost im- was there in the midst of trying to pass hand to get serious about debt and def- didn’t run, somebody like a Paul Ryan, mediately with the $814 billion stimu- these budget reforms has dissipated icits.” Then I think they can rightly go who’s put out this budget proposal, lus package. Successively, we’ve seen a little bit, and I think you’re starting to the voters and say, “We are the party could be talked into running if there’s that with health care and a number of to see people take a second look at it. to lead us out of this coming crisis. We nobody making the arguments that the things he’s done on the domestic If these governors are able to produce all know it’s coming. We are the ones he’s making. If you take him seriously side. budgets that are in balance, which it to do this.” President Obama, by the when he says that the country is sort of I think the 2010 election, then, seems that they’ll be able to do, I think same token, if he is able to position Re- on the precipice of economic collapse was a reaction to that. This is still a you’ll have people really taking anoth- publicans as too radical, which is cer- — economic ruin — I think there’s a center-right country. I think people er look. This again will help drive, in tainly the aim of the Democratic Party strong case to be made for him run- looked at what the government was two very important states in the Mid- right now, I think he may be able to ning. doing, saw that it was both ineffective west to the 2012 election, drive the de- demagogue this in a way that will ob- and increasing our debt and deficits in bate. viously redound to his benefit in 2012. Kokai: You mentioned Paul Ryan ways that people had not previously and whether he became a presidential imagined or taken account of, and that Kokai: Beyond the day-to-day Kokai: How about the standard contender or not. How important is it gave us the 2010 election. [developments], what are the things bearers? At this point, it looks like for the cause of limited government to that you’re sort of keeping on your ra- President Obama will be the person have a Paul Ryan actually putting out a Kokai: We have seen, at the dar screen in the months ahead, that leading the Democrats again. What are document that sort of spells out small- state level, here in North Carolina and you want to see how X and Y turn out you looking for in terms of the people er government, rather than just sort of in other states, especially in the Mid- to help you determine what’s going to who want to be the Republican presi- talking about it and hinting at it? west, and also at the federal level, a lot happen in the next election? dential nominee? of pushback among those who have Hayes: I think it’s absolutely relied on government, saying, “Wait a Hayes: Well, I think, you know, Hayes: Well, I had a theory — crucial. I mean, there was a big debate minute, you’re talking about slashing consistent with the things that we’ve now this is a year-and-a-half old — that about this among, you know, conser- our programs.” And we’ve seen lots been discussing, I mean I think the the Republican nominating process vatives in Washington and people of rallies, lots of really heated debate. coming negotiations on the debt ceil- would separate itself, the candidates who said, “We can’t possibly put out Is this going to be picking up in the ing, this is likely to last for a long time. would separate themselves into two specifics like this. It’s only inviting months ahead? Timothy Geithner, secretary of Trea- camps: one group that was serious political attacks and will mean sort of sury, has now said that the United about debt and deficits and talking permanent minority status for conser- Hayes: I think it could be. The States won’t reach sort of its final limit about entitlement reform, engaging vatives and/or the Republican Party.” question is whether President Obama until Aug. 2, which provides a little the voters in sort of the adult way, and I strongly disagree with that. I mean, decides that it’s smart for him, elector- more breathing room for these nego- the responsible way, and talking about you have to have this kind of a gov- ally, to side with those interest groups, tiations to continue. I think Republi- the big things in a way that might po- erning blueprint, this kind of a docu- with these sort of interest groups that cans in Congress are heading in with tentially cost them votes, might be po- ment that tells voters where you’re derive their power and their money a very serious set of policy proposals litically risky; and then another group going to go, how you’re going to get from the government. He has dipped that they want to extract in exchange that wasn’t willing to do that. Much to from point A to point B. CJ JULY 2011 | CAROLINA JOURNAL PAGE 17 Higher Education Professors Turn Their Ire COMMENTARY Secrets of Success On Conservative Students From Dilbert’s Creator By Jay Schalin stead of debate, he seeks to silence,” Contributor he wrote of Denham in a subsequent he Pope Center sometimes been patented in 1845, nearly 40 RALEIGH Davidsonian article. publishes advice to col- years before Edison tried to patent rofessors making shocking polit- The Davidson administration lege students from those his. ical statements may seem hardly has declined to make any statement whoT have “been there.” I recently But Edison had many talents newsworthy, but faculty mem- regarding the situation. At Iowa, uni- discovered a wonderful piece of — many of them “people skills.’’ Pbers traditionally have refrained from versity president Sally Mason issued a advice, especially (but not exclu- He made the light bulb a house- making attacks directly at students bland general statement about diver- sively) for college students. I’d like hold product by replacing the gas for their political expressions. That sity and respect that avoided any spe- to share it. lighting system of the time with is no longer the case, however. There cific mention of the incident. The source is Scott Adams, one based on electricity. To reach were two such incidents in one month Neither professor has received creator of the comic strip “Dilbert.” his goal he worked with potential (April), one of them in North Carolina. any sort of punishment — at least pub- Writing in The Wall Street Journal on competitors (gas companies) and In the most publicized case na- licly. Both issued apologies that were April 9, Adams said that most stu- government regulators — and he t i o n a l l y, n o t a b l e dents are not cut out to be nuclear even tempered his innovation. a cam- for their physicists, but they can succeed by Although he knew how to p u s w i d e a b s e n c e learning to do “several different make a 40-watt light bulb, he ini- email re- of con- things fairly well.” tially offered a 13-watt bulb, which c r u i t i n g t r i t i o n . He wrote, mod- shed just the amount of campaign The Iowa estly: light provided by gas- by the professor I succeeded as a light. (This information University b l a m e d cartoonist with negli- comes from the writing of Iowa College Republicans called “fresh outrages committed by Repub- gible art talent, some of innovator Andrew “Conservative Coming Out Week” licans in the government” for her pro- basic writing skills, an Hargadon.) so enraged one professor that she re- fane missive. ordinary sense of humor, Edison combined sponded with a mass email of her own Denham continued his attack on and a bit of experience his talents and skills into saying “F--- You Republicans.” DesPain even in his apology, express- in the business world. a unique combination. The other incident occurred at ing his “frustration and anger in public The “Dilbert” comic is Was he the best at any Davidson College, a small, prestigious at what I find are poorly argued ideas a combination of all four one thing? Probably not. private school near Charlotte. This on your part. Engaging those in detail JANE skills. Even I learned to time, a professor’s abusive letter to the wasn’t on my agenda, since I don’t SHAW The world has combine my shallow editor of the student newspaper at- think there is much to engage.” tacked a conservative student colum- Opinions varied on how Den- plenty of better artists, collection of skills. When nist. ham’s case should be handled. One smarter writers, funnier graduation day arrived At Davidson, senior Bobby Des- prominent Davidson student (who humorists, and more experienced at Wellesley, I needed a job. I had Pain was a political columnist for the wished to remain anonymous) said business people. The rare part is worked on the Wellesley News, student newspaper, The Davidsonian. that he thought actual punishment that each of those modest skills is which gave me practical experi- His conservative opinions often were might be too severe, but that “he [Den- collected in one person. That’s how ence as a reporter. Consulting the unpopular on the liberal campus. On ham] should receive an official re- value is created. Boston Yellow Pages, I found a March 31, his column claiming that buke.” job for $70 a week at the Jamaica President Obama lacked leadership ap- Robert Shibley, a free-speech ad- That’s the secret! To succeed, Plain Citizen, a newspaper that was peared. German professor Scott Den- vocate for the Foundation for Individ- you must combine your talents. tossed onto people’s lawns for free ham fired off a letter that began by ask- ual Rights in Education, suggested that You must be entrepreneurial about (called a “shopper”). ing, “Is Bobby DesPain leaving soon? no further action by the administration yourself, discovering your God- Residents of Jamaica Plain We, your loyal readers, sure hope so. was necessary in the Davidson case be- given raw materials and putting had begged the publisher to hire He gives the intellectual climate here a cause DesPain willingly put himself in them together in your own way. a reporter, any reporter (there had bad reputation.” the path of all manner of criticism by Even I learned that — eventu- been just one for the entire Boston- He continued, “This last belch of becoming a political columnist. ally. area chain). They wanted the paper his tops most of the others I’ve read “This sort of attack on a random, Growing up in a St. Louis to create a sense of community. I over the years on the stench-o-me- noncolumnist student would raise suburb in the 1960s, I was what became part writer, part reporter, ter of silliness.” Denham concluded more professionalism concerns, and was known as an “underachiever.” and part community organizer. the largely ad hominem assault with the concerns would be much greater I was pretty smart, but I wasn’t I loved working. A job was “We’d hate for Davidson to attract still if the professor had the student in sure how smart. Worse, I had the a much more social environment more of this sort of illogical thinker, re- one of his classrooms,” Shibley wrote idea that I was only smart; that is, than academic life — and I was gardless of politics.” in an email. I didn’t have much else going for paid, too! And I quickly discovered DesPain told the Pope Center that But at least one person ques- me. that journalism makes great cock- he was shocked that a professor would tioned Denham’s fitness as an educa- That mentality can be detail party conversation. respond in such an abusive manner. tor. Davidson philosophy professor structive. You fear that you might My message: I experienced He said he was no stranger to negative Sean McKeever asked in a letter to The not be as good as you think. Taken what Scott Adams put into words feedback, but that the direct attack on Davidsonian whether Denham’s “con- to an extreme, it makes you avoid for me this April, and you can, too. him “on a personal level” was entirely tempt” for DesPain “can be consistent the exertion that is required for We are all different combinations of new. with our chosen vocation as educa- genuine learning. You can end up qualities, and we can find produc- School officials attempted to rec- tors or with the College’s mission to as a “person with promise” — but tive niches in whatever environ- oncile DesPain and Denham through develop humane instincts.” CJ no fulfillment. In other words: me. ment we face. CJ a private meeting, but DesPain balked What does it mean to com- at the suggestion. He also expressed bine your skills? One illustration is Jane S. Shaw is president of the concern that if Denham’s actions were Jay Schalin is director of state policy Thomas Edison. He actually didn’t John W. Pope Center for Higher Edu- swept under the rug, other students for the John W. Pope Center for Higher invent the light bulb, which had cation Policy (popecenter.org). might face similar intimidation. “In- Education Policy (popecenter.org). PAGE 18 JULY 2011 | CAROLINA JOURNAL Higher Education Campus Briefs NCGA Crafts Compromise Budget for UNC System Freshman Reading By Jay Schalin cuts was a bit greater, as expected, since need-based aid, given solely according North Carolina universi- Contributor its appropriations outpaced all other to the family income of students, has ties’ choices for 2011 summer RALEIGH state spending in recent years. UNC is grown much faster than enrollment, reading have changed little from reating this year’s North Caro- getting a $406.6 million (14.6 percent) which was growing twice as fast as the those of past years: They are lina higher education budget cut from its $2.78 billion continuation population. uninspired, unchallenging, and was a long and emotionally budget. The continuation budget is To fund this expansion, previous predictably left-leaning. Ccharged process, filled with wild con- what spending would be if the legisla- legislatures had shifted the financing Both Duke University and ture made no changes, with automatic of need-based financial aid from the Eating jectures and inflammatory rhetoric. In UNC-Chapel Hill chose increases and the loss of nonrecurring General Fund (supported by taxes) to Animals by Jonathan Foer, a dis- the end, the legislature crafted a com- items from the previous year’s budget the Escheat Fund (supported by the cussion of the moral dimensions promise budget that both UNC system figured in. proceeds of unclaimed estates). Yet of vegetarianism. N.C. A&T’s president Thomas Ross and small-gov- The budget’s key feature is the the Escheat Fund could not handle the assignment, Planet of Slums, by ernment advocates can live with. decision to give the universities final huge demand on its principal and was Mike Davis, examines the re- At the end of 2010, it appeared say on how to make the cuts, as the leg- in danger of disappearing by 2014. cent expansion of urban slums that the state needed to cut $3.4 bil- islature sought to make the reduction The new budget takes care of in less developed nations. Peace lion to make up for a loss of tax rev- more palatable. Thus the entire reduc- this: Overall state appropriations for College chose The Blue Sweater: enues and federal stimulus money. the UNC need-based aid programs Bridging the Gap Between Rich and The UNC system — long the darling tion and a little extra — $413 million will fall from $162 million to $127 mil- Poor in an Interconnected World by of Democratic — is in the lion, mainly due to reduced funding Jacqueline Novagratz — a de- l e g i s l a t i v e form of “man- from the Escheat Fund. scription of the author’s struggle majorities — agement flex- Providing further relief, $37 mil- to understand and address glob- seemed to be ibility.” (The management lion previously appropriated from the al poverty. the fattest tar- flexibility cuts Escheat Fund will now be shifted back Methodist University’s get for the new are partly off- to the General Fund. choice is the exception to the rule. R e p u b l i c a n set by a few One of the two specific cuts not Scratch Beginnings: Me, $25, and legislative ma- a d d i t i o n s , related to financial aid is a temporary the Search for the American Dream, jority, which mainly a $26 million reduction to the annual $44 by Adam Shepard, chronicles his had vowed to $46.8 million million UNC Healthcare gets for indi- journey from poverty to stability balance the increase for gent care. This was in response to the in the southeastern United States. budget with- Shepard’s book is a rebut- e n r o l l m e n t system’s building up $732 million in out additional g r o w t h . ) unrestricted reserves. The other is part tal to Barbara Ehrenreich’s Nickel taxes. and Dimed, a widely used fresh- T h e r e f o r e , of a two-year phaseout of the annual Va r i o u s man reading that was the UNC- much of the $12 million appropriation to UNC-TV. scenarios of impending doom were Chapel Hill selection in 2003. real impact will be unknown for some In the first year (2011-12), UNC- bandied about, starting with former According to his publisher, time. TV loses the entire amount, but $10.6 UNC system president Erskine Bowles’ Shepard undertook his experi- The blow to the university system million is restored for just next year. ment as a response to “the apa- comment at the November 2010 Board will be softened somewhat by tuition The following year, no money is re- thy he saw around him” and to of Governors meeting that an entire hikes put in place by the UNC Board stored, and the public broadcaster Ehrenreich’s works Nickel and campus might need to be shuttered. of Governors in February. For 2011-12, will have to depend on other revenues Dimed and Bait and Switch, which At the June meeting, Ross observed the increases will average 6.8 percent such as advertising and other corpo- he had read during college. Those that when the legislative session be- — raising revenues systemwide by rate sponsorship. CJ books, Shepard said, gave him a gan in January there were discussions roughly $63.8 million. “feeling of hopelessness over the of higher education cuts as high as 30 Financial aid was a particular Jay Schalin is director of state policy state of the working class.” percent. problem area that the new budget for the John W. Pope Center for Higher Shepard started with very Then the House of Representa- addresses in a variety of ways. UNC Education Policy (popecenter.org). little — one 8x10 tarp, a sleeping tives’ Education Appropriations Com- bag, an empty gym bag, $25, and mittee drafted a budget reducing uni- the clothes on his back. He took versity appropriations by 21 percent. the train to a city with which he The House eventually settled on a 15.5 was unfamiliar: Charleston, S.C. percent reduction before passing it on Although Shepard had to the Senate. graduated recently from Merri- Throughout this process, Gov. mack College when he began his Bev Perdue, UNC officials and lobby- experiment, he used neither his ists, and the media criticized legisla- degree nor his previous contacts tors relentlessly. One major point of in his job search. He lived for the contention was the Republicans’ insis- first 70 days in a homeless shel- tence on allowing a 1-cent temporary ter. sales tax to elapse; keeping most of it, But after only eight months, as Perdue did in her budget proposal, Shepard achieved his goal: he would have enabled cuts to be less se- owned a working automobile, vere. had amassed nearly $5,000 in Finally, on June 14, with slightly savings, and had rented and fur- higher-than-expected tax revenues and nished his own apartment. some creativity on the part of legisla- Scratch Beginnings is a hope- tors, the General Assembly overrode ful and welcome departure from the governor’s veto of the legislature’s the usual college fare. CJ $19.7 billion budget. That’s a $2.2 bil- Jenna Ashley Robinson is out- lion reduction rather than the antici- reach coordinator for the John W. pated $3.4 billion, a cut of approxi- Pope Center for Higher Education mately 9 percent from the $21.9 billion Policy (popecenter.org). needed to maintain current services. Higher education’s share of the JULY 2011 | CAROLINA JOURNAL PAGE 19 Higher Education Opinion Diverse Group Agrees: Incentives Lacking for Good Teaching he Pope Center recently hosted of effort. so absorbed in the Tenured faculty teach so little an event in Washington, D.C., ti- Professor obligatory research that adjuncts must be hired, but tled “Higher Education Reform: Sperber, whose Issues and writing that adjuncts teach so much that even they TWhere the Right and Left Meet.” The field is English, they minimize can’t devote the time needed to work- concept was to bring together higher pointed out that in the time and ef- ing with students! education critics from across the most college stu- Higher Education fort they put into Tenure isn’t the only villain. political spectrum dents (even grad teaching. Incentives for good teaching are weak for a freewheeling students at top Tenure also even at schools that don’t have tenure. discussion of what universities) write figures in this Professors are employed to “teach has gone wrong in poorly and more problem indirectly. courses” rather than to ensure that higher ed and how than anything else Because tenured students learn anything. to salvage it. need professors who will edit their professors are very costly, colleges Many easily slide into what Our six written work line by line. Unfortu- have been hiring more and more speakers — nately, very few still do that. Rather adjunct professors. But adjuncts have Sperber calls “the faculty/student Kevin Carey of than do the time-consuming work of no more incentive than tenure-track nonaggression pact.” That is, the Education Sector, editing, most professors just make a professors to devote a lot of time and professor gives a light work load and grades easily in return for the students Claudia Dreifus GEORGE few general comments at the end, like, effort working with students. (co-author of “You have interesting ideas.” In her new book The Faculty expecting little of his time and writing Higher Education?), LEEF The problem, several speakers Lounges, Riley focuses on the illumi- favorable evaluations. Murray Sperber observed, is one of incentives. Almost nating case of Nancy Jimeno, who de- We need incentives for profes- (author of Beer and never is a professor rewarded for do- cided that she wanted to teach about sors to do their utmost to see that stu- Circus), Naomi Schaefer Riley (author ing an exception- environmental dents advance in learning mathemat- of The Faculty Lounges), Richard Ved- ally good job of politics and em- ics, history, literature, writing, etc. der of the Center for College Afford- improving his or barked on the nec- Dreifus identified why that ability and Productivity, and Peter her students’ abil- Almost never essary steps for a rarely happens — few students Wood of the National Association of ity to write good, Ph.D. at California and parents hunt for schools where Scholars — hit upon a wide array of clear English. Al- is a professor State University teaching is prized. When parents and topics, but the one that dominated most never does rewarded at Fullerton. After students visit a campus, she lamented, was the fact that quality teaching is a professor come several years, she they usually ask about sports, park- not a priority at most schools. under criticism for for doing an had completed ing, and student amenities, but almost Most outsiders assume that failing to do that, the coursework, never insist on sitting in on a class. because colleges and universities are much less risk the but could obtain excellent job There’s the essence of the prob- educational institutions, excellence loss of money or only an adjunct lem. in teaching is their top priority. The employment. position while speakers all agreed that most schools Professors completing her Students and parents are so mes- don’t make it a priority at all. are hired to teach courses, which dissertation. merized by the college “experience” True, there are professors who means showing up for the class (most Nancy wanted to help her stu- that they don’t scrutinize the aspect love interacting with their students of the time) and turning in grades at dents. Riley quotes her: “Ninety per- that most matters: whether the cours- and would rather teach than work on the end of the semester. Exactly how cent of them come from homes where es offered are educationally sound, or some esoteric research project that few they go about this “teaching” is their English is not spoken, and 60 percent just junk food for the mind. CJ people ever will read. But to a shock- business, and administrators almost of them are not ready for college. If I ing degree, professors think of actual never scrutinize it. had the time I would go over the pa- teaching as drudgery to be avoided The panelists identified tenure as pers with each one. I wish I could do George Leef is director of research at all costs. When they can’t avoid it, one of the culprits. Faculty members that. It would make such a difference for the John W. Pope Center for Higher they do it with the absolute minimum working toward tenure usually are in their lives.” Education Policy (popecenter.org). PAGE 20 JULY 2011 | CAROLINA JOURNAL Books & the Arts

From the Liberty Library Book review

• Amid daily reports of violence and conflict in the Middle Shapiro Chronicles TV’s Liberal Propaganda Efforts East, most Americans feel safe from terrorist attacks on our shores. And • Ben Shapiro, Primetime Propaganda: The True Hollywood Sto- While Archie Bunker was always on the losing end of every the recent series of thwarted bomb- ry of How the Left Took Over Your TV: Broadside Books, 2011, episode, Carroll O’Connor’s considerable acting skills made ing attempts have been dismissed 393 pages, $26.99. Archie a sympathetic character in the audience’s eyes. as not terrorist attacks but isolated The same was true for “Family Ties,” the first show incidents by “extremists.” By Sam A. Hieb representing liberal angst during the yuppie Reagan years. “Not so,” says investigative Contributor Hippies benefiting from the capitalist system they sode- reporter Erick Stakelbeck. “In fact, GREENSBORO spised began to question their existence. As a result, “Fam- the Islamist threat on American soil may be a conservative, but I still love TV. I count as my ily Ties” made the authority figure an easier target: a conser- is steadily growing. These attacks are personal favorites “M*A*S*H,” “All in the Family,” “The vative teenager named Alex P. Keaton. actually part of a much larger arsenal Twilight Zone,” “Hill Street Blues,” “The Simpsons,” and Shapiro interviewed “Family Ties” creator Gary David of new tactics being employed by Is- I“Sex in the City.” Run a marathon of any of those shows, Goldberg, who freely admitted the show’s template week lamic terrorists to conquer America.” and the yard work waits another day. after week was “Alex has a conservative/greedy idea, Alex The Terrorist Next Door: How the But while they’re all well-acted, well-written pro- screws something up, Alex apologizes.” Government Is Deceiving You About grams, they’re also among the more liberal programs in But like O’Connor, Michael J. Fox played his character the Islamist Threat exposes just how television history. Sure, it’s no secret that Hollywood is so brilliantly that audiences tuned in to see him, not wal- determined, patient, and adaptable overwhelmingly liberal, just as it was no secret that most low in the angst of the 1960s generation in the midst of the Islamic terrorists are. As an inves- modern liberals are really fascists. Reagan Revolution. In the ultimate irony, the Gipper pro- tigative reporter, Stakelbeck has But Ben Shapiro’s fascinating new book Primetime claimed “Family Ties” to be his favorite show. gained unprecedented access to the Propaganda: The True Hollywood Story of The same pattern held true for terrorists themselves as well as the How the Left Took Over Your TV makes television drama. Both “Hill Street megamosques and secret terrorist us think about television as we never Blues” and “St. Elsewhere” started out training camps that are cropping up have before, much in the same way Jo- with abysmal ratings, but NBC execu- in seemingly unlikely places across nah Goldberg’s Liberal Fascism made us tives stuck with them because of their America, and he provides firsthand think about modern liberalism. so-called important liberal messages evidence of just how vulnerable After reading Primetime Propagan- about law enforcement and health care, America is. More at www.regnery. da, you’ll still enjoy television, because respectively. com. television is awesome! But you’ll never All of these shows are part of lib- watch it the same way again. erals’ efforts to portray reality — their With that in mind, Shapiro at least reality. • The Jews who so deeply ad- makes me feel better about my addic- “But to truly understand the mired Franklin Roosevelt made up tion. minds of those in Hollywood, we must the richest, most influential Jewish “Nobody wants to turn off the understand that their shows are reflec- community in the world: leaders television because television is great!” tive to them. In their world, what they in government, commerce, and the Shapiro writes. “Television is just too put on television is just as real as what arts. Yet by the time Roosevelt died much fun for people to turn it off. We you see on the History Channel,” Sha- in office, the Nazis had murdered 6 come home from a long day at work, piro writes. “And in their view, liberal million European Jews while neither and we want to space out, so we flip on is real.” FDR nor American Jews lifted much the tube. We’ve been doing it for gen- Of course the ultimate irony is more than a finger to help them. erations.” Hollywood’s answer when being at- How did the president, the nation If you’re a certain age, you’ll cer- tacked for liberal programming — just he led, and American Jewry allow tainly enjoy Shapiro’s analysis of tele- change the channel. Hollywood liberals this to happen? vision’s history. There have been many advocate the free-market system they There is no simple answer, but influential programs over the years, but Shapiro makes the so despise, never mind the fact that in a true free-market Robert Shogan, in Prelude to Catas- case that the most influential was Sid Caesar’s “Your Show system, “Hill Street Blues” would have been canceled after trophe: FDR’s Jews and the Menace of of Shows.” just a few episodes. Nazism, seeks a partial explanation Caesar “came from a certain milieu” — he was a Jew- But while there are some choices out there for conser- by examining the behavior of a hand- ish liberal — and his writers came from that same milieu. vatives, Shapiro concludes that there’s no “changing the ful of Jews so close to Roosevelt and The writers’ room featured stars in their own right who channel.” supposedly so influential that they would make their mark on television for decades to come: “For now at least, the industry remains one-sided, could be considered “the president’s Larry Gelbart (“M*A*S*H”); Mel Brooks (“Get Smart”); Carl with creators and executives ignoring the market data,” Jews.” More at www.ivanrdee.com. Reiner (“The Dick Van Dyke Show”); and Mel Tolkin (“All Shapiro writes. “Flipping the channel has become like vot- in the Family”). ing in Cuba. You can do it, but your preference isn’t going Just as this group of talented and politically liberal to make much of a difference when the choices are all the writers began to produce their own material, society became same.” • In Mere Environmentalism: A altered radically. JFK was elected president. The civil rights There’s another irony. While television screams “cen- Biblical Perspective on Humans and the movement took off. Opposition to the war in Vietnam grew. sorship” when government protests violent and sexual con- Natural World, Steven F. Hayward By the early 1970s, CBS had developed two shows that tent, the industry sure doesn’t mind kowtowing to govern- provides a thorough examination blatantly attacked authority — “M*A*S*H” — which simply ment when there’s a politically favorable (i.e., Democratic) of the philosophical presuppositions substituted Korea for Vietnam — and “All in the Family,” administration in charge. underlying today’s environmental- which took on the conservative political establishment in Think about it: Unlike motion pictures, television has ist movement and the history of the form of a Queens dock worker named Archie Bunker. been dependent on the government since its inception due policies intended to alleviate envi- But there were a couple of problems. For starters, both to its use of public airwaves. Thus, it’s only natural that tele- ronmental challenges such as over- shows did poorly in the ratings in their first couple of sea- vision executives would develop relationships with gov- population and global warming. sons. But so eager were the creators — and the network ex- ernment officials to ensure political favoritism. As Shapiro Relying on scripture to under- ecutives — to push their political message that they stuck notes, the “patented Hollywood-D.C. back-scratch” became stand God’s created order, Hayward with them. “an intensely common phenomenon during the Obama ad- offers an insightful reflection on “’M*A*S*H’ stayed on the air despite initial ratings ministration.” the relationship between humans that made CBS executives nauseous — largely because the I will not go cold turkey after Primetime Propaganda. I’m and the natural world. Learn executives at CBS were liberal and ‘M*A*S*H’ was a mili- willing to let politics go in order to have a good laugh or have more at www.aei.org. CJ tantly liberal show,” Shapiro writes. my heartstrings tugged. If anybody’s unwilling to let politics Yet attacking authority had an unexpected result. go, it’s Hollywood. That’s Hollywood’s problem, not mine. CJ JULY 2011 | CAROLINA JOURNAL PAGE 21 Books & the Arts Compensation for Eugenics Program Victims Finally Debated uring the past legislative ses- programs for the “general good.” ics Board that a person be sterilized. welfare benefits. Early on, the eu- sion, the General Assembly The Eugenics Board was estab- North Carolina allowed sterilizations genics program disproportionately seriously debated whether lished the same year the Third Reich for three reasons: epilepsy, sickness, affected whites. But overall, from 1933 Dto divert funds to compensate ster- began — 1933. Before Nazi Germany and “feeble-mindedness.” to 1973, it disproportionately targeted ilization victims of North Carolina’s instituted forced sterilization pro- Poor and rural North Carolin- blacks. eugenics program. grams, North Carolina enacted a ians seemed to be the primary targets. Questions of race, class, and Long be- sterilization law in 1929 and started I seriously have wondered how many gender should be asked about the fore many other forced sterilizations. When states “feeble-minded” Tar Heels came from eugenics program, yet it seems the organizations decreased the number of sterilizations rural areas and to what extent the cul- elephant in the room everyone ignores discussed the is- in the second half of the 20th century, tural clash between urban and rural is government intervention. sue, John Locke North Carolina bucked the trend and America contributed to interpretations North Carolina’s eugenics Foundation staff increased sterilizations. Over 57 years, of “feeblemindedness.” Whatever the program reveals the consequences of penned commen- according to some sources, the gov- case, the victims were poor and were government’s excessive meddling. taries in 2005 and ernment had violated 7,600 individu- duped into sacrificing their reproduc- Government started a welfare pro- 2007 and made als. Thankfully, the state ended the tive abilities. gram that had inherent flaws. Officials presentations from Eugenics Board of North Carolina in Throughout the history of the tried to repair those flaws by interven- 2008-10 about the 1974. eugenics program in the state, men ing in people’s lives. history of the pro- Eugenics is the study of or TROY and women were targeted as steriliza- Without government power, the gram and called belief in the possibility of improving tion candidates. Women, however, narrow-minded would not have been for compensating KICKLER the quality of the human species or comprised the vast majority: Six out of living victims. a human population, especially by able to sterilize approximately 7,600 It’s a hot subject many will not such means as discouraging persons seven victims were women. North Carolinians — white and black, touch. Some are afraid that providing having genetic defects or presumed Blacks and whites were targeted, male and female. Power allows people compensation would be an incremen- to have inheritable undesirable traits too. Overall, more white women were to act on their prejudices, whatever tal step toward giving reparations from reproducing (negative eugenics) victims than black women. And over- they may be. for slavery, so they would rather not or encouraging persons presumed all, more white men than black men. In June, my JLF colleague Daren discuss the problem. The two issues to have inheritable desirable traits to Approximately 40 Native Americans Bakst published an extensive policy are distinct. Hundreds of sterilization reproduce (positive eugenics). (all but one of them female) were report, North Carolina Forced Steriliza- victims are still alive. The last surviv- The Eugenics Board’s main goal sterilized, too. tion Program: A Case for Compensating ing slave died decades ago. was to alleviate poverty and eradicate It’s important to note that the the Living Victims. I recommend it. CJ Others don’t want to touch the addiction and crime. In the board’s number of sterilizations, especially issue because it calls into question latter years, social workers were given of black North Carolinians, increased Dr. Troy Kickler is director of the one tenet of Progressive ideology — power to identify “undesirables” and dramatically after World War II, when North Carolina History Project (northcaro implementing coercive government recommend to a five-member Eugen- more people were allowed to receive -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 www.JohnLocke.org YOUR HOME ON THE WEB FOR 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/ NORTH CAROLINA PUBLIC POLICY Creating your own personal Key Account at www.JohnLocke.org is a great starting place for tracking the critical public policy issues facing North Carolina.

The Meck Deck is the JLF’s blog in Charlotte. Jeff Taylor blogs on this site and has made it a must-read for anyone interested in issues in the Queen City: http://charlotte.johnlocke.org/blog/ Each day, your Key Account searches a comprehensive database of JLF reports, brieﬁng papers, news articles, press releases, and events notices to display timely information about the issues of your choice. It’s an

Squall Lines is the JLF’s blog in Wilmington. A group of JLF staffers and coastal friends keep folks on excellent tool for those drafting legislation, researching the coast updated on issues facing that region of the state: http://wilmington.johnlocke.org/blog/ policy issues, preparing news stories, planning political or lobbying campaigns, or seeking information with which to be an informed voter and citizen.

Piedmont Publius is the JLF’s blog in the Triad. Greensboro blogger and writer Sam A. Hieb mans the controls to keeps citizens updated on issues in the Triad: http://triad.johnlocke.org/blog/ Visit www.JohnLocke.org and create your personalized Key Account today!

The Wild West is the JLF’s blog in Western North Carolina. Asheville’s Leslee Kulba blogs in this site, designed to keep track of issues in the mountains of N.C.: http://western.johnlocke.org/blog/

The John Locke Foundation, 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 PAGE 22 JULY 2011 | CAROLINA JOURNAL Books & the Arts

Short Takes on Culture Book review ‘Elephants’ a Strong Film Dispelling Smoot-Hawley’s Myths • “Water for Elephants” I expected of a fairy tale, having • Douglas A. Irwin, Peddling Protection- which greater protection would also Directed by Francis Lawrence genuine character development. In ism: Smoot-Hawley and the Great Depres- be given to lumber, oil, cement, and Fox 2000 Pictures a story with good and evil, a movie sion, Princeton, N.J: Princeton Univer- glass.” Eighteen months after delib- necessarily cannot be all fun and sity Press, 2011, 244 pages, $24.95. erations began, the House and Senate ased on the popular book games. Disney does keep the film passed their reconciled version of the by Sara Gruen, “Water for mostly lighthearted, though, and By Phil Murray bill in June 1930, and Hoover signed it. Elephants” is one of the most takes ample opportunities to make Contributor Another “popular perception” Btalked-about releases of the year. subtle reference to some of the studio’s RALEIGH is that the Smoot-Hawley tariffs were Set in a traveling circus during successful films. illis Hawley, a Republican astronomical and caused the Great De- the Great Depression, the film follows “Tangled” is a delightful movie from Oregon in the U.S. pression. Irwin shows this to be wrong, the life of Jacob Jankowski (played by for almost all ages. The animation is House of Representatives, too: “[T]he best guess is that [Smoot- Robert Pattinson, of “Twilight” fame) fantastic, and this easily could be Dis- Wpromised that the bill would create Hawley] probably raised the average who joins the circus as an animal ney’s new mold for their retold tales. “a renewed era of prosperity.” Reed tariff on dutiable imports by about 15- trainer after his parents are killed. The There is the expected evil “Mother,” Smoot, a Republican from Utah in the 18 percent, an increase of about 6 per- plot is driven by an awkward love so I do not recommend allowing little U.S. Senate, claimed “the Depression centage points,” Irwin says. “Histori- triangle involving Jacob, the circus children to see this film; otherwise, would have been worse without the cally, the Smoot-Hawley increase was owner August (played by Academy you have no excuse not to take a higher tariff.” They were selling the not extreme.” Award-winner Christopher Waltz), summer break and allow yourself to legislation bearing their Nor was the ef- and August’s wife, Marlena (played get “Tangled” in Rapunzel’s world. names. fect on imports. The by Academy Award-winner Reese — AMANDA VUKE Douglas A. Irwin’s tariff did cause imports Witherspoon). Peddling Protectionism re- to fall during the early Waltz’s performance as the evaluates the Smoot-Haw- 1930s, but the combi- megalomaniacal August is spellbind- ley tariff and its role in the nation of deflation and ing and should have him squarely in Great Depression, dispel- the tariff contributed to contention for this year’s Best Sup- • When I Stop Talking, You’ll Know ling some long-held myths. this reduction in trade. porting Actor Oscar. Witherspoon’s I’m Dead One “popular perception” “Most of the decline in acting is good as well, but the one By Jerry Weintraub with Rich Cohen of Smoot-Hawley is that imports — about two- thing that keeps this movie from being Hachette Book Group, Inc. American producers agi- thirds — was the result truly great is Pattinson’s performance. tated for protection from of a decline in demand His acting often seems pedantic and Jerry Weintraub and Rich Cohen imports. Irwin’s review of resulting from falling uninspired, and his chemistry with come together to create a humor- the history shows this to income,” Irwin notes. Witherspoon is nonexistent, which ous, witty, and insightful memoir. be wrong. Although some “The consensus among takes the air out of the film’s central Weintraub’s book is an account of his farmers wanted higher tar- economic historians,” relationship. journey — a rags-to-riches tale of a iffs, others preferred price he reports, “is that mon- While the movie’s story is in- scrappy Bronx teen who climbed his floors, subsidies, or even lower tariffs. etary and financial factors were the deed strong and uplifting, a more way to great success in the annals of Failing to make these policies into law, dominant factors behind the Great De- convincing central romance would American music, movies, and show Midwestern Republicans hatched the pression in the United States.” have elevated the movie into a dif- business. idea of raising tariffs on agricultural That said, the “popular percep- ferent stratum. That being said, I still His story excites and charms, imports. tion” that Smoot-Hawley provoked recommend this movie for all adults, in addition to teaching some vital The Republican Party incorporat- foreign governments into retaliating especially couples who appreciate principles along the way. ed this strategy into its 1928 platform, with their own tariffs against Ameri- love stories. The memoir opens on the streets hoping to win the votes of farmers. can exports is “largely accurate,” Irwin “Water for Elephants” is rated of New York City, where Jerry learns Republicans retained their congres- concludes. The tariff was not the only PG-13 for language and violence, and I the ways of the street and the value sional majorities, and Herbert Hoover reason protectionist policies broke would not recommend it for children. of relationships. Eventually making became President. The revision of out around the world, however. Irwin — DANIEL SIMPSON his way to Los Angeles, Weintraub the tariff code metastasized into the maintains that Britain’s abandonment describes his first experiences with Smoot-Hawley Tariff Act of 1930. of the gold standard in 1931, mak- classic Hollywood stars like Betty Irwin’s longest chapter is the sto- ing its exports cheaper, induced other Grable and John Wayne. ry of how Smoot-Hawley was made. countries to impose protectionist mea- • “Tangled” Some of the most exciting stories Congress is predisposed to restrict sures. Governments also blocked im- Directed by Nathan Greno in the memoir are the concert and trade because “the benefits of a tariff ports as economic depression spread Disney DVD movie stories. Elvis, Sinatra, and John are highly concentrated on a few pro- throughout the world, Smoot-Hawley Denver all find their part in Jerry’s ducers who are strongly motivated notwithstanding. The most costly animated wild, legendary story. to organize and defend that policy; “But although Smoot-Hawley movie, the second-highest grossing When I Stop Talking, You’ll Know whereas the costs of tariffs are spread was not entirely responsible for the Disney film, and an “instant clas- I’m Dead is an exclusive look into Hol- widely among many consumers for massive outbreak of protectionism in sic”: This is Disney’s newest princess lywood’s Golden Age: the musical whom it does not pay to organize any the early 1930s,” concludes Irwin, “it movie, “Tangled.” icons Elvis, Sinatra, and Denver, plus serious opposition.” certainly contributed to the climate in “Tangled” is the story of kid- the productions of movies such as Tariffs were popular. Occasion- which such policies flourished.” napped princess Rapunzel on a “Karate Kid” and “Ocean’s Eleven,” ally, producers who imported products A few passages read like an aca- journey to fulfill her lifetime dream. “Twelve,” and “Thirteen.” clashed with domestic producers of demic journal. On the other hand, Along the way, she coerces scalawag Weintraub’s story is a smoothly those products. Cattlemen, for exam- 17 editorial cartoons throughout the Flynn Rider and convinces the unwill- crafted tale that gives an honest view ple, wanted higher tariffs on imported book educate and entertain. By reading but faithful horse Maximus to of what goes on behind the scenes leather, but manufacturers of footwear ing Irwin’s enlightening account, one guide her. Filled with laughter and of American entertainment. Anyone opposed them. “Such conflicts were may learn a lot about history, econom- music, Rapunzel brings happiness looking to learn some hard-knock usually resolved,” explains Irwin, “by ics, and the grisly process of making everywhere she goes — even the lessons on life from one of the best offering higher tariffs to both sides.” legislation. CJ thugs at the Snuggly Duckling can’t smooth talkers in show business Logrolling raged in the Senate. resist her charm! should give this book a read. Smoot, for instance, “convinced nine Phil Murray is a professor of eco- The film has more depth than — JONATHAN MARTIN CJ senators to change their vote on the nomics at Webber International Univer- sugar tariff in a vote-trading deal in sity. JULY 2011 | CAROLINA JOURNAL PAGE 23 Books & the Arts Book review Gray’s Battle Takes Philosophical Look at Health Reform Debates • C.L. Gray, M.D.: The Battle for America’s Soul: Health- run health care in the earlier decades of the 20th cen- tion. Your reviewer admits to having read much less care, the Culture War, and the Future of Freedom; Even- tury, Gray turns the clock back more than 2,400 years. of the source material than the author, but it’s hard tide Publishing; 2011; 320 pages; $19.95 paperback. He traces much of today’s debate about health care to accept a blanket statement that all of “northern — and other hotly contested topics such as property Europe” and “southern Europe” adopted distinct, By MITCH KOKAI rights, for that matter — to the “diametrically op- mutually exclusive approaches to centuries of intel- Associate Editor posed world-views” represented by ancient Greeks lectual development. RALEIGH Hippocrates and Plato. It’s far easier to believe that prominent think- troll through the “current events” or “politics” “On one side stand the … Hippocratic physi- ers in those different geographic areas tended to aisle of any well-stocked bookstore, and you’re cians, where the intrinsic worth of the individual was deal with philosophical arguments from different likely to find several titles similar to The Battle rooted in deity and not subject to human opinion,” perspectives. But that is an empirical question best Sfor America’s Soul. Gray writes. “A higher moral law answered by reading more of the You can just about guarantee that the story that recognized the intrinsic worth source material. One suspects that between the covers will make a strident case that of every human life held physi- Gray would be happy to spark an Barack Obama wants to destroy the free world — or cians and government in check.” interest among his readers in the that Dick Cheney is the Antichrist — depending on Though Hippocrates’ ideas great works of Western thought. the author’s political predilections. dominated medical philosophy Without spoiling the fun of Grab a copy of this new release, scan the cover for centuries, they faced strong reading Gray’s text, one can note image of a lightning bolt striking near the U.S. Capi- opposition from the start. “On the that he names the “postmodern tol, and you could be excused for expecting another other side lay mainstream ancient politician” as the intellectual heir tome following the tried-and-true template. If you culture and the dominant Greek of Plato’s world-view. Near the notice that the author is an M.D. and that the first philosophy,” Gray explains. “De- end of his discourse, Gray warns item in his subtitle is “health care,” you might pre- cision-making with respect to the readers how they can spot these dict that the book will offer a point-by-point denun- value of human life was not ac- politicians. They disregard the ciation of ObamaCare. countable to the gods. Absent a rule of law, favor the transfer of If that’s the mind-set you bring to Dr. C.L. higher law to which he was sub- power to government, appoint Gray’s work, you’ll be surprised. The surprise should ject, Plato’s philosopher king de- postmodern Supreme Court jus- be pleasant. termined the value of human life.” tices, appeal to foreign law, fail Sure, Gray is concerned about the 2010 federal Substitute “elected official” to move against “reprehensible health care reform law and the harmful impact it’s or “appointed bureaucrat” for behavior” abroad, and accept the likely to have on American patients. He’s a board- “philosopher king,” and you begin “concept of global governance.” certified physician who practices hospital-based to see the problem Gray identifies. Why is it impor- medicine in western North Carolina. He founded Much of this book deals with tant to identify these political actors? the group Physicians for Reform in 2006 to focus on the manner in which ideas first expressed — or, at “fiscally responsible, patient-centered” health care least, first expressed in forms transmitted to us — in “This is the fundamental Law of Liberty: Who- reform. He knows ObamaCare is bad news. ancient Greece have been adopted, modified, trans- ever controls the concept of Truth controls power,” But Gray’s critique of ObamaCare represents formed, and rejected over the course of two millen- Gray argues. “This law fuels the intense emotion a small piece of a larger argument. Gray treats the nia. Gray delves into philosophy, art, and literature behind America’s culture war. A government re- health care law as a symptom — if you’ll pardon the to explain how the views of such diverse thinkers as strained by a higher law (the laws of nature and pun — of a larger malady that has afflicted American Aquinas, Galileo, Locke, and Nietzche contributed to of nature’s God) allows for individual freedom; a politics far longer than the most recent set of election the modern understanding of truth. government free to impose its will on the people cycles. If there’s one criticism of an otherwise fascinat- — even under the banner of public benefit — ends Rather than point his finger at President Obama ing book, it’s that Gray’s desire to cover so much of in tyranny. If America loses her concept of a fixed and his Democratic congressional colleagues, or even recorded intellectual history in slightly more than point of reference, she will assuredly lose her most the Progressives who paved the way for government- 300 pages seems to lead to occasional oversimplifica- treasured possession, liberty itself.” 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 JULY 2011 | CAROLINA JOURNAL Opinion

COMMENTARY Cognitive Dissonance: More Than a State of Mind ow do you select your dents to competency, and not just heroes? Those people we el- grade level? And what about justice evate, support, admire, and vs. mercy? Does it mean, “It’s OK Hrevere, and whose values resonate for that person to steal from you most strongly with us are probably (me) because that person is poorer/ our (acknowledged or unacknowl- less educated/more disadvantaged edged) heroes. Almost invariably, than you are (I am)”? they are extremely effective leaders Here again is a reason for as well. If it is true that everyone choosing our heroes extremely you encounter either will reform, carefully. Trying to hold conflict- deform, or transform you, then it ing beliefs and values deforms our pays to select your role models with thinking and our behavior over care. time. Personal and social norms The idea that you simultane- — regarding education, taxation, ously can hold two enduring yet individual freedoms, child rear- EDITORIAL conflicting beliefs, or “truths,” and ing or even childbearing, voting, rationalize them, or the criminal behavior, and idea that you can say that other matters — tend to you believe in one thing, become ad hoc expressions The Git-’Er-Done and behave in a contrary of utilitarian values: what manner, exemplifies cog- is expedient or popular in nitive dissonance. the moment. Perhaps this Legislative Session Everyone fails at kind of leadership is more achieving perfection, or a matter of technique, few short months ago, outgoing ployees to pay more for their health occasionally is inconsis- then, or “smarts”? House Speaker Joe Hackney, D- insurance, stanching some of the State tent. That’s the nature of Technique has some Orange, would not let the new Health Plan’s red ink. Amembers of the North Carolina House • School choice. Senate Bill 8 human beings. Even a merit, but not by itself. Re- move into their offices before the start lifted the senseless cap on charter single instance of infi- KAREN peated tales of industries PALASEK of the legislative session. schools, now set at 100. House Bill delity in marriage, for led by the “smartest guys Incoming Speaker Thom Tillis, 344 gives parents of disabled children example, is a one-time in the room” demonstrate R-Mecklenburg, wanted members who want to take advantage of private failure (and a very serious that intelligence and task to go to work on opening day, Jan. schools or nondistrict public schools a one, by most people’s reckoning). competence, without character, spell 26. But Hackney was in no hurry — $6,000 tax credit. Expanding parental Cognitive dissonance arises when disaster. Once the dictum “deceive under Democratic rule, it often took choice and subjecting district schools we individually, and perhaps col- for the sake of the task” becomes weeks for significant legislative action to competition will improve education lectively, rationalize and excuse the an operating rule, the consequences to occur. Hackney let holdovers from for all children. clash between the values and beliefs can and usually do get ugly. the previous session dawdle until late • Property rights. House Bill 845 of monogamous marriage with the If positive leadership is at January to clear their offices. (To his limits involuntary annexations, giving notion or even practice of serial least partly a matter of values, then credit, outgoing Democratic Sen- residents facing annexation the chance infidelity — instead of resolving the we really do need to consider how ate leader Marc Basnight allowed a to reject it. A 2012 constitutional timely, orderly Senate transition.) amendment ending eminent domain problem or, as appropriate, ending it operates. Ethicist George Weigel The weekend before opening, for economic development cleared the the marriage. notes: an exasperated Tillis hired 15 state House and should pass the Senate this Transformative and positive Every moral code has to have inmates for two days to empty the old summer. leaders are people whose actions an answer to the question “Why be offices. Hackney’s petty power trip — Meantime, Perdue and most consistently mirror their stated be- good?” How is it that moral choices and Tillis’ creative solution, costing Democrats defended a dysfunctional liefs. Their explicit concerns seem to are not just personal preferences? taxpayers $30, $1.00 a day each — of- status quo. The governor vetoed a include: 1) personal integrity, truth, How can society discuss questions fered a preview of the fast-paced, yet budget that spent a mere 2 percent and a rejection of moral relativism; of how we ought to live together if contentious, session to come. less than the one she proposed. Five 2) independent thinking, or the nobody knows where “ought” comes Republican legislators, in full moderate House Democrats joined willingness and ability to “create from and everybody thinks that control for the first time since Re- Republicans to override that veto. She new facts” rather than accept the “ought” is an imposition of someone construction, ran on a conservative also vetoed popular measures — one existing ones as invariably given; 3) else’s will? agenda, won an emphatic mandate, exempting North Carolinians from and acted decisively on many prom- the mandates in ObamaCare, a second personal humility; 4) charitableness Avoiding cognitive dissonance ises. reining in excessive jury awards, and within a framework of sound judg- is one part of the answer. And intel- Republicans advanced sound a third requiring voters to present a ment; and 5) a clear vision of future lectual ability, while essential in a conservative policies in several crucial photo ID at the polls. possibilities. variety of leadership tasks, is not areas: Republicans also made rookie Inconsistencies are more trou- identical with, nor even a substitute • Fiscal responsibility. Last mistakes. Government transparency bling when they appear in political for, character. As Leonard Read year, Gov. Bev Perdue vowed that the measures went nowhere. Tillis inex- leadership and make their way into argued in Vision, leadership requires 1-cent sales tax increase she signed in plicably gave seven staff members policies, mandates, regulations, or insight to accompany the gift of 2009 would sunset at the end of June. huge raises at session’s end. Economic (sometimes) permissiveness within foresight. CJ But her budget kept three-fourths of incentives, aka corporate welfare, our social and economic life. As a the tax in place. The GOP let the tax survived. matter of policy, do we allow gradu- expire and added a $50,000 tax exemp- But the GOP largely provided ations for high school students who Karen Y. Palasek is director of the tion for small businesses —returning forward-thinking leadership during nearly $1.3 billion to the pockets of difficult economic times. Democrats cannot read, while continuing to ar- E.A. Morris Fellowship for Emerging North Carolinians, who can spend the backed the failed policies of the past gue that schools are educating stu- Leaders (eamorrisfellows.org). money more wisely than bureaucrats. — proving that elections indeed have The budget also requires state em- consequences. CJ JULY 2011 | CAROLINA JOURNAL PAGE 25 Opinion

EDITORIALS COMMENTARY Perdue’s Bad Bet Don’t That Her veto strategy promises few dividends

hen Gov. Bev Perdue issued of thousands of jobs lost, and mas- Beat All? her veto of the North Caro- sive deterioration of North Carolina’s ’ve been writing a column the first proprietary governor of lina legislature’s budget plan quality of life will look ridiculous over forW next year, she must have known the coming year as courts and prisons about North Carolina politics the colony, originally tried to rule that a bipartisan majority would over- continue to operate, schools begin for nearly 25 years. During that Maryland with an iron fist. He had ride it. their 2011-12 academic years as usual, Itime, I’ve had occasion to criticize to yield authority to a colonial as- The truth is that the governor and other services continue without the policies of four different gover- sembly. As the English Civil War did it for political reasons — not that radical change. nors — Jim Martin, Jim Hunt, Mike approached, Calvert attempted to there’s anything wrong with that. It is simply impossible for a Easley, and Beverly Perdue. keep Maryland neutral. It didn’t Recognizing that she lacked the power $19.9 billion General Fund budget to None has seen fit to order me work. A Protestant revolt forced to coerce the legislature to adopt her protect the vital services of govern- flogged. An ancestor of mine, Wil- Calvert, his family, and his religious plan, and unwilling to meet it half- ment and a $19.5 billion budget to gut liam Pendley, wasn’t so lucky. and political allies to flee to Vir- way, she chose to take her case to the them. We’re talking about a difference I recently began research on a ginia. voters. of two percentage points. book about the ancestry of Pendley, my ninth The lawmakers who voted to One reason the two sides proved my father, Harold Hood. great-grandfather, was override her veto, all the Republicans to be so committed to their respec- A native of Caldwell among them. He was plus five House Democrats, made a tive political judgments is that they County, my dad has deep married by then, and at similar decision. They believe that were looking at widely diverging poll their no-tax-hike budget is not only roots in the North Caro- least one of his children results. a prudent policy but also fits the lina mountains. Most of was born in Northampton prevailing mood of North Carolina The liberal Public Policy Poll- his family arrived in what County, Va. voters. ing firm found scant support, just 23 are now Caldwell, Burke, Calvert returned Unwilling to capitulate to the percent, for the Republicans’ no-tax Wilkes, Ashe, and Watau- to power in Maryland governor’s original $19.9 billion start- budget. Asking a different question, ga counties during the in 1646, then died a year ing point for the state’s General Fund, the conservative Civitas Institute got 18th century. While the later. On his deathbed, a very different result, however: 70 JOHN and unable to get her to agree to their Hood line was originally HOOD Calvert appointed Thom- $19.1-$19.2 billion figure, legislative percent favored a GOP budget at $19.3 Dutch and Scandinavian, as Greene as his successor. leaders compromised about halfway, billion with no sales-tax extension, my father’s other ances- But Greene’s tenure lasted at a bit over $19.5 billion (not counting while only 20 percent favored Per- tors were primarily Scots-Irish, less than a year. The next governor, due’s $19.9 billion plan with the tax about $200 million in fund shifting). along with English and a smatter- the Protestant William Stone, was extension. The legislators had a deal. It ing of French, German, Italian, and less to Pendley’s liking, it seems. By issuing a doomed veto, Per- stuck. Cherokee. In early 1649, Pendley gave a due was willing to suffer a short-run We think that Perdue and her Most of my dad’s English speech at the home of a certain John allies will prove to be the Chicken loss for the promise of an electoral progenitors arrived in the New Hallowes at which he reviled Stone Littles here. Their wild claims of “gen- gain in 2012. We don’t think she’s go- World before 1700. In what might and his policies. Pendley said he re- erational damage” to education, tens ing to get it. CJ be a sign of things to come, many gretted returning to Maryland, that were getting away from authority he’d rather have stayed in Virginia, figures they didn’t like. My father’s and indeed that he’d rather “have GOP Picks the Penalty ancestry includes Puritans escap- gathered oysters for a living” than ing religious persecution to settle do any service for the governor. in New England, Cavaliers escap- Pendley was arrested and Republicans will replay this down over and over ing Puritan persecution to settle in charged with sedition. A Maryland Virginia, and assorted malcontents court convicted him and sentenced f you’re the captain of a football picking the penalty over the play. Gov. escaping political enemies to settle him to be imprisoned and whipped team whose opponents have just Bev Perdue has vetoed the voter ID in the mid-Atlantic colonies. with 20 lashes. Within a few weeks, been flagged for a penalty, you bill. Republicans appear to lack suf- One of these was William Pendley was dead at the young age Iusually get a choice of two outcomes: ficient votes in the House to override Pendley — although, technically of 30 — most likely as a result of his the penalty or the play. such a veto. speaking, he wasn’t fleeing his own flogging by the colonial authorities. Often, it makes sense to pick So the bill won’t become law. It enemies. He was fleeing those of his My preliminary research the penalty. You allow the opposing will remain a live issue. master, Walter Broadhurst. found many other opinionated team to replay the down, but it has to Politically, this constitutes a Broadhurst was the young troublemakers in my family tree. give up yardage. If the play was bad penalty for the Democrats. The vast scion of a wealthy Catholic family One ninth great-grandfather, John for you, or the penalty involves 10 or majority of North Carolina voters find in England. Seeking freedom and Tully, was one of colonial America’s more yards, the decision is an easy photo ID requirements entirely rea- one. sonable. To swing voters, Perdue will fortune in the New World, Broad- first newspaper publishers. And Sometimes, though, it makes seem unwilling to safeguard North hurst arrived in Baltimore in 1639 several Quaker ancestors espoused sense to decline the penalty and let the Carolina elections against voter fraud. with Pendley as a servant. Although and advanced the cause of aboli- play stand. In our view, the issue isn’t the poor enough to have to sell his tion, one provoking a major court In the North Carolina General equivalent of a pass-interference call, services in exchange for passage, case in Virginia over the right to Assembly, Republicans had a similar or even a 10-yard holding penalty. It’s Pendley was literate and intelligent. liberate slaves. call to make once Democrats refused more akin to a five-yard penalty. During several years of service to As far as I can tell, however, to compromise on a proposal requir- But Perdue is deep in her own Broadhurst and another promi- only one of them — William Pend- ing voters to show photo IDs at the territory. Her game plan for re-election nent Maryland citizen, Dr. Thomas ley — was beaten to death for polls. in 2012 will be challenging to pull off. Gerard, Pendley occasionally acted expressing his opinion. Puts things After offering to allow voters to She can’t afford even a false-start flag. as an attorney handling some local in perspective, doesn’t it? CJ present documents other than photo But that’s what the governor and legal and land disputes. IDs, and getting no Democratic sup- her legislative allies have managed The 1640s were a tumultuous port, Republicans chose to return to to produce. Republicans will be more time in Maryland politics. Lord John Hood is president of the John their original, “purist” stance. than happy to replay this down, again Leonard Calvert, a Catholic and Locke Foundation. Their decision is analogous to and again. CJ PAGE 26 JULY 2011 | CAROLINA JOURNAL Opinion EDITORIAL BRIEFS The Myth Of Killer Mercury

he Environmental Protection Agency has released a new series of regulations aimed at reducing power plant emissions ofT mercury and other pollutants. These new regulations are counterproductive, however, write Willie Soon of Harvard University and Paul Driessein of the Committee For A Con- structive Tomorrow in The Wall Street Journal. Coal-fired U.S. power plants currently emit an estimated 41 to 48 tons of mercury per year. That constitutes less than 0.5 percent of total mercury that gets into our air. Mercury oc- curs naturally in the environment, with volca- noes, subsea vents, geysers, and other sources putting out 9,000 to 10,000 tons per year. U.S. forest fires emit about as much mercury as U.S. power plants. Chinese power plants, mean- while, emit an estimated 400 tons per year. The new rules will cost $10.9 billion annually, even though blood counts from 1999-2008 have shown steadily decreasing mercury levels in U.S. women and children. Those levels are Economic ‘Isms’ lower than EPA standards for safe exposure. n many ways it’s a great time to be an economic etarism, whose central premise is that money mat- “The proposed standards will do nothing educator. Almost everyone’s interested in the ters to the direction of the economy. In most modern to reduce exaggerated threats from mercury economy. People are always approaching me — economies, the country’s central bank — the Federal and other air pollutants,” write Soon and Dries- inI the supermarket, the gym, and restaurants — and Reserve in the U.S. — has substantial control over sein. “Indeed, the rules will worsen America’s asking my opinion of what should be done to make the amount of money in circulation. Supporters of health and well-being — especially for young the economy better. I’m flattered! active monetarism say in times of recession, the children and women of child-bearing age.” Conflicting policy prescriptions are offered by Federal Reserve should pump up the money supply different groups. I won’t solve these disagreements to encourage lending and spending. If the economy here. Instead, I’ll review the economic philosophies is overheating, it should do the opposite. behind the alternatives — along with their pros Recently our Federal Reserve has followed the Subsidies and the NFL lockout and cons — and let you decide anti-recession prescription to the letter. Since 2008 it which makes the most sense. has added almost $1.5 trillion to the nation’s money The National Football League and its There are three major supply. Supporters of the Fed’s actions say that players currently are engaged in a labor dispute competing ideas about how to without that pump priming, a total collapse of the which threatens the league’s upcoming season. handle today’s economy. Let me economy and the financial system was inevitable. review the high points of each. But not everyone is sold on this strategy. What often is overlooked, says Steven Malanga Keynesianism — named Simple logic suggests a potential problem — if of Realclearmarkets, is the taxpayers’ role in the after the 20th-century econo- money is printed at a rate faster than the products dispute. mist John Maynard Keynes and services on which money is spent — then prices Through generous stadium subsidies and — has been the most dominant will rise faster. In other words, we’ll get higher in- cartel powers granted to the NFL, Malanga in the last 80 years. Keynes’ flation. Fed critics say we’re reaping this unwanted writes, government has helped create the idea was to use government MICHAEL result today. revenue increases that players and owners are to lean against the direction of WALDEN Libertarianism is both a political and econom- now arguing over. In 1993, players gained free the economy. That is, when the ic philosophy, but I’ll focus only on the economic agency in exchange for a limit on the percent- economy is growing rapidly and aspects here. age of league revenues that go to players — a inflation is a threat, government would raise taxes Essentially, libertarianism rejects both Keynes- and reduce spending to “cool off” growth. And ianism and monetarism as ways to cure the econo- salary cap. This formula excludes certain types when the economy is in reverse — that is, in a reces- my, especially during recessions. At best, libertar- of revenues, including stadium-generated sion — lower taxes and more government spending ians say, Keynesianism and monetarism provide receipts. is the cure. only short-run benefits to the economy — “sugar Unsurprisingly, since 1993, owners have We can see Keynesianism at work the last highs,” as some might call it. Eventually, the “high” aimed to increase the money they take in from three years in fighting the recession. Tax cuts and will run its course, and the bitter aftertaste of higher their stadiums. They typically built new arenas additional federal spending (the “TARP” and stimu- debt, higher taxes, and higher inflation will take or upgraded existing facilities, often at public lus plan) totaling almost $2 trillion have been used hold. expense. Of the more than $11 billion spent to to counter the downturn in private spending. Libertarians offer policies to promote long-run improve 25 NFL facilities, half the money has However, critics level two primary complaints economic growth, such as balanced budgets, simple come from public sources. against such Keynesian policies. First, they question taxes, and fewer regulations. their effectiveness. Critics contend funds collected But libertarians have their share of opponents. “Despite the public subsidies, owners and spent by the government always have alter- Some say that before Keynesian and monetarist now claim that the stadium building boom native uses, and therefore any economic activity policies were used, the economy was marked by has ironically saddled some of them, notably created by such spending is simply a substitute for horrible recessions that lasted years. Yes, the econ- smaller-market teams, with so much debt that other spending and jobs that would have been cre- omy would eventually recover in the long run, but, they are squeezed and need a new deal from ated elsewhere. as Keynes said, “in the long run we’re all dead.” players,” notes Malanga. Second, they point out both parts of the So the gloves are off, and the bell has rung in “If so, you have to wonder what the real Keynesian program aren’t used. While spending the great economic policy match. Who will — and value of an average NFL franchise, currently increases and tax cuts are popular, the opposite — should — come out the champion? CJ estimated at a whopping $1 billion each, would spending decreases and tax hikes — are harder to be if the owners had to pay for all of their pass. Therefore spending and debt incurred by the government rise over time. Michael Walden is a William Neal Reynolds Dis- luxury palaces with their own money.” CJ The main contender to Keynesianism is mon- tinguished Professor at North Carolina State University. JULY 2011 | CAROLINA JOURNAL PAGE 27 Opinion UK and US: Still Close but Drifting Apart

have just returned from the United tals, but they certainly like it more Whereas the British prefer tyranny of interesting difference between the Kingdom. By pure coincidence, I than most of us do. the minority, the French embrace the United States and United Kingdom — assure you, at the same time Presi- The biggest difference I saw dur- tyranny of the majority. one that again did not flatter the Brit- Ident Obama was enjoying just the ing my trip, however, was between In the United States, we look at ish. Here we have a First Amendment, second formal state visit by an Ameri- the way Americans and the British people for who they are: individuals. one that protects speech and press can president in history. view individual liberty. The United Citizens have rights not as members freedoms. It does not always work, Much of the talk during his stay Kingdom is the home of great civil of a discernible group — whether but it does prevent legal creations like swirled around the perceived demo- libertarians like John Locke and John racial, religious, national, occupa- the super-injunction. Celebrities go tion of Britain’s Stuart Mill. They would be horrified tional, or regional — but as citizens. into their fields fully understanding relationship with by what is happening today. For the most part, we judge people for they will be the subject of scrutiny. the United States The country’s response to the what they have done rather than who Indeed, it’s attention that makes them from “special” to, accelerated immigration of the past they are. Like many other places, we rich. An important facet of freedom in the words of two decades is a vacuous “multicul- don’t always reward the most socially of speech and press is that they hold the president and turalism” that categorizes people into desirable behavior. But at least we public figures accountable. In the Prime Minister Da- ethnic, religious, and national groups generally recognize the importance U.S., you can believe matters like the vid Cameron, “es- and provides them with collective of intelligence, industriousness, and Giggs-Thomas affair are personal or sential.” The devel- rights. The result is a fracturing of character rather than skin color, social trivial, but at least you’re treated like any national identity and a pervasive status, country of origin, and the will- a citizen and given the opportunity to opment brought belief that, on issues of even tangential ingness to conform. make that choice. about a great deal ANDY concern to minority groups, their in- Perhaps the biggest story during Britain and America will remain of anxiety on that terests should trump the public good. my time in Britain concerned the soc- allies. The United States has few, if side of “the pond.” TAYLOR Modern Britain is surely as integrated cer player Ryan Giggs. Giggs’ extra- any, stronger supporters. While in It is true as any place on the planet, but na- marital affair with reality-TV star England you’ll still get welcomed by Britain has a shared culture with the tives, Poles, Pakistanis, and Jamaicans Imogen Thomas was “tweeted” by strangers in a pub with a pint and United States. That it has been Amer- eye each other warily on the bustling someone in the know despite the fact great conversation. You’ll still meet ica’s most trusted military ally over streets. that Giggs had gone to court and re- people with a cousin in Des Moines the past 20 years is incontrovertible. In France, by contrast, all citizens ceived a “super-injunction” — a “gag who just loved their Florida vacation. But, as the changing description of the must be French. They must subscribe order” applied to the media rather But there’s no denying that the coun- friendship implies, the two are drift- to certain values and practice a certain arbitrarily and broadly in an effort try I once called home is becoming ing apart. Britain is now more focused culture. It is inconceivable that anyone to protect someone’s identity. Giggs increasingly different from the one I on its place in the European Union. might want to display an individuali- then sued Twitter and, even though do now. CJ The past Labor administration in- ty or lack of Frenchness and, for exam- everyone and his aunt knew he was creased nondefense spending to about ple, wear a veil as a demonstration of the “anonymous” star in the matter, 45 percent of GDP — for all levels of faith. As a result, such signs of differ- reporters still were prohibited from Andy Taylor is a professor of politi- government in the United States it is ence must go — public schools have printing or speaking his name. cal science at the School of International in the low 30s. Britons might not like banned crosses, head scarves, turbans, The whole thing was, of course, and Public Affairs at N.C. State Univer- government as much as the continen- and skullcaps for seven years now. ridiculous. It also revealed another sity. GOP-led NCGA Gets a B for First 100 Days

ithin days of the November Rep. George Cleveland for introduc- Repeal taxpayer financing of restricting mandates of ObamaCare. election that gave Republi- ing House Bill 431 and Rep. Mike political campaigns: Incomplete Gov. Bev Perdue promptly vetoed it. cans control of the General Hager for trying to move it through Senate Bill 47 repeals taxpayer-funded Remove cap on charter AssemblyW for the first time in over the House Public Utilities Commit- elections for three Council of State schools, eliminate enrollment 100 years, the John Locke Foundation tee. Senate Bill 3, the costly 2007 bill races and returns those funds to the restrictions, and decentralize the outlined 11 action items we hoped the requiring 12.5 percent of energy to General Fund. Taxpayer financing for charter authorization process: B+ leadership would come from efficiency and renewable judicial races remains as is. S.B. 47 will Senate Bill 8 lifted the cap on char- address during the sources, has been hard to slow down. be taken up during the redistricting ters and raised the enrollment cap first 100 days of End the N.C. Education Lot- session. to 20 percent per year. In addition, the 2011 session. tery: F Senate Bill 362 tried to shift Open the budget process with House Bill 344 provides tax credits for Lawmak- more lottery money to school con- 72-5-10: A- Post bills for 72 hours: special-needs kids. Big wins for school ers completed struction; it never gained traction. The budget was posted online for five choice. their 87th legisla- Expanding privately owned video days before the first House vote and Expand the pool of qualified tive day June 18, sweepstakes and allowing table games six days before the first Senate vote. teachers by removing barriers to adjourning with in Cherokee casinos hit a brick wall as Five-year forecast: Legislative rules state certification: A+ Budget provi- plans for two more well. Since the lottery was enacted in say fiscal notes should consider both sions eliminated the early education sessions: one for 2005, legislators have gotten used to the immediate effect and long-range certification requirement and let the redistricting and BECKI the revenue. Bets are we’re stuck with effect of any spending. Ten percent State Board of Education grant waiv- another to consid- GRAY it. in savings: Lawmakers set aside $310 ers of state laws pertaining to certifica- er constitutional Prohibit forced annexation: A+ tion requirements. amendments. They million in the state’s savings funds filed 1,721 bills. More than 400 be- House Bill 845 guarantees property in efforts to rebuild depleted savings For their first 100 days, the 2011 came law. Some even addressed JLF’s owners a voice and requires cities to accounts. legislature gets a B. It’s going to take suggestions for action. Here’s how I pay for water and sewer infrastructure Put state spending online: F awhile to turn back a century of big- graded their performance: and provide services when forcibly According to JLF’s www.nctranspar- government policies, but this is a good Repeal corporate welfare laws: annexing citizens outside city limits. ency.com, 96 percent of state agencies start. F Corporate welfare programs con- After 50 years of abuse, this is a major receive a D or F for disclosing how The John Locke Foundation will tinued with $10 million to the One win. and where taxpayer money is being continue to suggest ideas to enhance NC Fund. House Bill 751 added or Pass a constitutional amend- spent. the liberty and promote the prosperity expanded $580 million in incentives. ment to end eminent domain abuse: Resist federal encroachment of North Carolina citizens, just as we Politicians still don’t seem to under- Incomplete Eminent domain bills on health care: A+ for legislature, have for 21 years. CJ stand that government doesn’t create must wait until the late summer ses- F for governor Early on the Health- jobs; the free market does. sion when more than 15 constitutional care Protection Act passed, exempt- Becki Gray is vice president for out- Repeal S.B.3: C- Kudos to amendments will be considered. ing North Carolina from the liberty- reach at the John Locke Foundation. PAGE 28 JULY 2011 | CAROLINA JOURNAL Parting Shot State Seeks Economic Bump From Edwards Trial (a CJ parody)

By Andy Young tive Hagan acknowledged that she had Tourism Correspondent “some role” in selecting Greensboro, GREENSBORO but that the Department of Cultural orth Carolina cultural and Resources, the Commerce Depart- tourism officials claim the fed- ment’s Division of Travel and Tourism, eral trial of John Edwards for and the Greensboro Convention & Vis- campaignN finance violations might de- itors Bureau will collaborate on devel- liver a $54 million economic impact to oping vacation packages for journalists the state. and non-journalists. The state will be flooded with na- According to a recent poll by tional and international journalists for Public Policy Polling, 38 percent of a trial that may last several weeks, and respondents selected Edwards as the officials believe regular tourists will “worst politician” involved in a sex come if they can watch the trial in an scandal. Former President Bill Clinton exclusive setting. came in second at 21 percent. The trial will be held at the L. Former Sen. Larry Craig got Richardson Preyer Federal Courthouse 8 percent, former Rep. Mark Foley in Greensboro. Cameras are prohibited got 5 percent, and the other choices in federal court. The Greensboro Convention and Visitors Bureau’s website is pulling out all the stops — former Sen. John Ensign, former N. C. Cultural Resources Secre- in its promotion of the John Edwards trial as a must-see event. (CJ spoof graphic) tary Linda Carlisle, from Greensboro, Gov. Mark Sanford, former Gov. El- told Carolina Journal that access to the wealthy political donors provided to torney Ripley Rand told CJ that the day liot Spitzer, and former Rep. Anthony courtroom would be limited to nation- hide his relationship with campaign after the indictment, he was ambushed Weiner tied at 3 percent. al and international journalists. videographer Rielle Hunter and the by tourism delegations from all three The Convention & Visitors Bu- “But tourists have a right to see child he fathered with her. The National cities. “They were all offering six-fig- reau hopes that the beginning of the this show, so we are negotiating with Enquirer exposed his secret life. ure incentive packages to the federal trial would be scheduled Sept. 10, the federal government for a big- After a two-year investigation, a government in exchange for becoming 2012, the Monday following the 2012 screen viewing event — possibly at the federal grand jury in the Middle Dis- the host city for the Edwards trial,” he Democratic National Convention in Greensboro Convention Center,” she trict of North Carolina indicted Ed- said. Charlotte. This would make it easier to said. wards June 3. He made his initial ap- But Rand said the federal govern- market package deals for delegates to Most of the economic impact pearance the same day at the federal ment could not accept incentives, and attend both events. from court tourism will go to Greens- courthouse in Winston-Salem. he didn’t feel comfortable selecting the “Some of these folks backed boro-area businesses. Edwards rejected a plea deal, location. But, he said, since U. S. Sen. Edwards in the first place,” a spokes- Edwards, who campaigned for said he did not violate any laws, and Kay Hagan, from Greensboro, had man for the authority told CJ. “Since president in 2008 on a theme of “two wants the case to go to a jury. nominated him for the U.S. attorney they’re all from out of state, we figure Americas,” secretly had a second fam- The Middle District has court fa- position, she should be able to pick the if we can get them in North Carolina ily of his own. He is charged with fail- cilities in Winston-Salem, Greensboro, location of the trial. for one week, why not keep them here ing to report nearly $1 million that two and Durham. Middle District U. S. At- A spokesman for Greensboro-na- several more?” CJ Announcing Retreats of the Appalachian Institution, August, 2011 Featuring lectures by outstanding scholars, with unique insights into western society today: August 15-19 August 22-26 The Age of Atlantic The Majesty Revolutions, 1775-1825 Of the Law

Retreats are held at Lake Logan Center on a beautiful mountain lake in the cool Balsam Mountains, 35 miles west of Asheville. Add to the morning lectures a wide variety of afternoon sporting and learning activities, evening entertainment, all meals and lodging and the company of amiable companions and you’ve got a summer vacation with a work- out for your mind and a lift for your life! Join us! The educational focus of the Appalachian Institution is to understand and appreciate the heritge of western civilization, and the challenges and opportunities confronting it in our own time. For more information, go to http://www.appalachianinstitution.org or call 919-604-4624. The Appalachian Institution is a non-profit 501c(3) educational corporation