INSIDE THIS ISSUE: DEPARTMENTS Woodruff: North Carolina 2 Local Government 8 Both parties CAROLINA From Page 1 12 Education 14 have some Books & the Arts 18 mending to Interview 19 do/2 Opinion 20 JOURNALA MONTHLY JOURNAL OF NEWS, ANALYSIS, AND OPINION Parting Shot 24 FROM THE JOHN LOCKE FOUNDATION November 2016 Vol. 25 No. 11 STATEWIDE EDITION Check us out online at carolinajournal.com and johnlocke.org Lawsuit challenges A.G.’s hog waste ‘slush fund’ the result of then-Attorney General Mike Easley’s concern about environ- Filing claims Easley’s mental pollution related to hog farm- ing. After hog waste lagoons over- 2000 hog-waste deal flowed into North Carolina rivers in 1999 as a result of Hurricane Floyd, is unconstitutional Easley began discussions with Smith- By Don Carrington field, Va.-based Smithfield Foods, the Executive Editor nation’s largest hog processor. The RALEIGH company has slaughterhouses in North lawsuit filed by the president Carolina processing its own hogs and of a conservative policy organi- those raised by contract producers. zation says the North Carolina Easley also was running for governor AConstitution requires payments from in 2000. The agreement was signed in a 2000 agreement between pork pro- July 2000 by Easley, Smithfield Foods, ducer Smithfield Foods Inc. and the and five of its subsidiaries. North Carolina Department of Justice It called for Smithfield to pay $15 go to public schools instead of being million to North Carolina State Uni- used by the attorney general to award A sign on the Edgecombe Community College campus explains a stormwater manage- versity to identify and develop waste- discretionary grants. ment project grant that has nothing to do with hog waste, and which was funded by handling technologies that were better Civitas Institute President Fran- a grant from Attorney General Roy Cooper under a program to ameliorate the effects than the common practice of directing cis De Luca, claiming standing as a of hog waste on the environment. (CJ photo by Don Carrington) waste to lagoons and spraying it on fields after the waste is deemed safe state taxpayer, filed a lawsuit Oct. 18 “This lawsuit is about the con- the rules of civil procedure mandate and weather conditions are favorable. against Roy Cooper in his capacity as stitution and previous court decisions that his successor automatically will The agreement also called for the attorney general of North Carolina. which say these types of settlements become the defendant. Since Cooper is Smithfield to pay up to $2 million an- De Luca is seeking to have Cooper re- must go to public education,” De Luca not seeking another term and instead nually for 25 years to “Environmental cover the awards made within the last said. “The A.G. does not have the au- is running for governor against incum- Enhancement Projects” designated by three years, redirect those funds for the thority to divert these monies from bent Republican Pat McCrory, the win- the attorney general without defining benefit of public schools, and direct education into a slush fund to give out ner of the Nov. 8 general election for how projects would qualify for fund- all future payments from Smithfield to favored political entities.” attorney general — either Republican ing or which projects were considered Foods to public schools. De Luca told De Luca’s attorney, Paul “Skip” Buck Newton or Democrat Josh Stein Carolina Journal that Cooper is operat- Stam, told CJ that since the suit is — will become the defendant. ing a “slush fund.” against Cooper in his official capacity, The Smithfield Agreement was Continued as “Lawsuit,” Page 12 Some bands use ribbons, not kneeling, to protest PAID ing to stand in formation as they play RALEIGH, NC U.S. POSTAGE the anthem. PERMIT NO. 1766 NONPROFIT ORG. Experts say, though The protests echo those of San Francisco 49ers quarterback Colin legal, protests may Kaepernick, who began sitting on the bench before preseason National Foot- harm public image ball League games when the anthem was played. Kaepernick said he was By Barry Smith Associate Editor objecting to oppression of black people RALEIGH in the United States. Other NFL play- embers of some North Caro- A First Amendment expert says ers have joined the protest by kneeling lina college marching bands, such protests are allowable but may during the anthem. protesting what they con- reflect badly on both band members The practice of kneeling during Msider police brutality and racial preju- who do not wish to participate and the the anthem has been repeated by play- dice from law enforcement agencies, university as a whole. ers in several college football games, have abandoned kneeling while play- Protesting band members at both but it hasn’t spread widely in part be- ing “The Star Spangled Banner” before N.C. State University and the Univer- cause often the players do not take the football games and instead are wear- sity of North Carolina at Chapel Hill field until the anthem is over. ing ribbons or armbands on their uni- have attached ribbons or armbands to The John Locke Foundation 200 W. Morgan St., #200 Raleigh, NC 27601 forms. their uniforms or hats while continu- Continued as “Some,” Page 13 PAGE 2 NOVEMBER 2016 | CAROLINA JOURNAL North Carolina Woodruff: Both parties have some healing to do By Dan Way Even as Woodruff was speaking, news outlets were Associate Editor reporting on the latest release of emails WikiLeaks says it RALEIGH hacked from various government and private sources. eep divisions among Americans will fester long The emails showed a variety of media outlets and Rick Henderson after the Nov. 8 presidential election, and veteran Democratic National Committee interim chairwoman Don- Editor-in-Chief television news anchor Judy Woodruff is concerned na Brazile either leaked debate questions or Sanders cam- Dabout the animus. She also said the fractured Republican paign information to the Clinton camp, offered other sorts John Trump and Democratic national parties will undergo intense soul- of help to give Clinton high-profile publicity in their publi- Managing Editor searching. cations, and extended to her veto power over quotes in sto- “Donald Trump has tapped into this anger that so ries. Brazile denied she aided the Clinton team. Don Carrington many people feel,” Woodruff said on Oct. 11 of the Repub- Political polarization has tunneled into both political Executive Editor lican presidential nominee, who recently came under fire parties as well as the electorate, Woodruff said. over the release of a 2005 video in which he made lewd com- “It’s this idea that the other side is the enemy, that if Mitch Kokai, Barry Smith ments about groping women. you’re in my party, and you work with the other party, then Kari Travis, Dan Way “Even with all the problems in the last few days that you’re a traitor, and we’re going to do everything we can Associate Editors he’s had, he’s still at 38, 40, 42 per- to make sure you don’t win re-elec- cent in the national polls,” said tion,” Woodruff said. Kristen Blair, Roy Cordato Woodruff, the featured speaker at “Members of Congress who Becki Gray, Sam A. Hieb City Club Raleigh’s National Pub- work with the other party now Lindalyn Kakadelis, Troy Kickler lic Affairs Forum. Duke graduate are often singled out and told they George Leef, Michael Lowrey David Hartman, actor and former will not be supported with party Donna Martinez, Harry Painter host of “Good Morning America” money, and that they will look for Jenna Ashley Robinson who now lives in Durham, moder- someone to run against them in the Marc Rotterman, Jesse Saffron ated a question-answer session. primary,” and that erodes political Jay Schalin,Terry Stoops Woodruff, who attended Mer- middle ground, Woodruff said. Andy Taylor, Michael Walden Contributors edith College and graduated from Many voters tell their congres- Duke University, has anchored and sional representatives to “stand up Published by held senior positions at CNN and for your principles, and don’t work The John Locke Foundation NBC and now co-anchors “PBS for the other side” when they get 200 W. Morgan St., # 200 NewsHour,” said pundits believe elected, she said. “The only thing Raleigh, N.C. 27601 Trump is likely to lose the election. that’s going to change that is when (919) 828-3876 • Fax: 821-5117 If he does, “What is he go- the voters of this country say we’ve www.JohnLocke.org ing to do with that anger that’s out had enough of this” and demand there? Where are those people go- elected officials work across the Kory Swanson ing to go? Who will be their cham- aisle to solve the country’s prob- President & Publisher pion after Nov. 8? It’s not just going lems. to disappear on Nov. 9,” Woodruff On other matters, Woodruff: John Hood said. Nor will the “anger and disre- PBS “NewsHour” co-anchor Judy Woodruff • Said there is “an entire Chairman spect” toward Hillary Clinton. speaks with former ABC “Good Morning America” swath of Americans who believe “How is it going to affect her host and current Durham resident David Hartman racism and intolerance is alive and Charles F. Fuller, Bill Graham ability to govern if she’s elected after an Oct. 11 speech at the City Club in Raleigh. well,” and another group “who be- John M. Hood, Christine Mele [or] if the shoe’s on the other foot (CJ photo by Dan Way) lieve law enforcement officers are Brad Muller, Paul Slobodian and Donald Trump were elected?” not respected for the work that they David Stover, J.M Bryan Taylor Woodruff asked. do, for the sacrifices they make every day.” She wonders if Edwin Thomas Woodruff’s appearance occurred five days before the the country will be able to have conversations about “the Board of Directors Orange County Republican Party headquarters in Hills- [riots] that took place in Charlotte and in too many other borough was firebombed. Vandals also had spray-painted American cities.” Carolina Journal is a monthly jour- a swastika and an anti-GOP message on a nearby building. • Believes gun control compromise is elusive. “How nal of news, analysis, and commentary The Trump insurgency will have a post-election effect are we going to deal with the group arguing there should be on state and local government and public on the Republican Party, she said. no meaningful restrictions on gun use? The Second Amend- policy issues in North Carolina. “There’s no question what we’re looking at today is ment, that’s what the Founding Fathers … wanted, and ©2016 by The John going to be a re-examination that is going to be taking place that’s the end of discussion.” On the other side are “people Locke Foundation Inc. in the Republican Party,” Woodruff said. who are crying out for something to be done about gun vio- All opinions expressed in In response to the Trump video, House Speaker Paul lence” and seeking background checks or other meaningful bylined articles are those Ryan, R-Wis., shifted his focus for the final month of the reforms. of the authors and do not campaign away from his own party’s presidential nominee. • Lamented that thousands of “shoe-leather report- necessarily reflect the Trump vice presidential running mate Mike Pence withheld ers” who dug for facts are out of work, replaced by “people views of the editors of or the staff and CJ support of Trump initially but relented after the Oct. 9 de- who simply collect opinion” and are prized for their ability board of the John Locke Foundation. Ma- bate against Clinton. to deliver sharp quips in a few characters and sound bites. terial published herein may be reprinted “I never thought we would see a moment like that. That trend “bothers me,” and it is up to the public to inform as long as appropriate credit is given. Unimaginable,” Woodruff said. “We’ve seen actions and itself on issues from reliable media sources. Submissions and letters are welcome and events and statements the likes of which we’ve never seen • Foresees modifications or attempts to alter existing should be directed to the editor. To subscribe, call 919-828-3876. before from both parties,” and she expects a Republican re- trade agreements such as NAFTA “given what we’ve been Readers also can request Carolina Jour- volt in the House against Ryan’s pulling campaign funds hearing during this election, not only from Donald Trump nal Weekly Report, delivered each week- away from Trump. but Hillary Clinton’s evolution on the issue” opposing the end by e-mail, or visit CarolinaJournal. “There’s going to be a sorting out, internecine war- Trans-Pacific Partnership, “one of the very open splits be- com for news, links, and exclusive content fare,” Woodruff said. tween Hillary Clinton and President Obama.” updated each weekday. Those interested in On the other side, Woodruff cited statements during Despite its flaws, Woodruff said the American elector- education, economics, higher education, the primary campaign from Clinton’s chief rival, Vermont al system, including its freedom to vote, is our “most valu- health care or local government also can U.S. Sen. Bernie Sanders. “Sanders certainly pointed out able gift of all.” ask to receive weekly e-letters covering some of the divisions inside the Democratic Party” and con- Her biggest applause line was about the 2016 cam- these issues. trasted himself with Clinton, whom he labeled beholden to paign season: “I’m like all of you. I can’t wait for it to Wall Street, she said. be over.” CJ NOVEMBER 2016 | CAROLINA JOURNAL PAGE 3 North Carolina Economist: Those under 50 will pay debts of elders By Dan Way Clinton or Donald Trump is elected Associate Editor president. “What they’re left with is an RALEIGH environment [with] very few options” here is a date certain” when So- that are palatable or easy to sell to the cial Security and Medicare trust American people, Foster said. funds will be empty, and Millen- Foster said he is reluctant to use nialsT and the members of Generation X the words fiscal policy “because policy will be left to pick up the pieces, one of implies intent. There’s very little about the nation’s leading economists says. the fiscal outcomes that come out of But that is only part of his gloomy Washington these days that have any- forecast. thing to do with intent.” “It’s hard to be very optimistic,” Yet some policymakers and poli- J.D. Foster, chief economist for the U.S. ticians say the economy is growing. Chamber of Commerce, said Oct. 5 in “We are now in the seventh year Raleigh during the NC Next Confer- where the economy has been either in ence sponsored by the North Carolina recovery or expansion. That’s a good FreeEnterprise Foundation. long run,” Foster said. “We’ve created His presentation took place two millions of jobs. The economy in those days after an announcement saying respects has done pretty well.” the federal debt accumulated during On the other hand, he said, President Obama’s two terms reached “economists like me and people who $9 trillion. The federal debt amassed do economic forecasting have worn J.D. Foster, chief economist for the U.S. Chamber of Commerce, at an Oct. 5 confer- under all 43 previous presidents to- out the thesaurus trying to find syn- ence in Raleigh, warned of dire economic circumstances due to increasing federal onyms for the word ‘weak.’” taled $10.6 trillion. debt and unsustainable entitlement obligations. (CJ photo by Dan Way) “It wasn’t the Russians, and the The historical average of an eco- Chinese, and the Mexicans, or any- demand it.” Baby Boomers move into Social Securi- nomic recovery is six years before an- body else. We did it to ourselves, which Bob Bixby, executive director of ty and Medicare, and health care costs other recession. means we can fix it,” Foster said. The Concord Coalition, based in Wash- continue to grow, he said. “Right now The Congressional Budget Of- “The only thing that’s missing is ington, D.C., agreed. our fiscal budget policies are deemed fice tracks the economy’s potential not the solutions. What’s missing is the “The budget deficit in the fiscal to be unsustainable.” compared to actual results. Those two political will” to rein in exploding enti- year that just ended on Sept. 30 went up Under Obama there were four tracks should have matched up closely tlement costs such as Medicare that are pretty substantially, from $238 billion consecutive $1 trillion-plus deficits, between 24 and 36 months into the re- gobbling up the federal budget, Foster to $600 billion or so, and it is projected Foster said, “and I haven’t heard any- cession. “We’re not there yet,” Foster said. “The American people have to to go up pretty much forevermore” as body talk about irresponsible” as the said. While they are growing closer, deficit-to-Gross Domestic Product ra- it’s because the measure of what the tio “shot way up,” enlarging the fed- economy is capable of producing “has eral debt. Deficits above $1 trillion are degraded substantially.” forecast for the next six years under The economy grew a little better current projections. than 2 percent in this recovery, “and www.JohnLocke.org that is the weakest recovery on re- Foster said $14 trillion in gov- YOUR HOME ON THE WEB FOR ernment debt was sold to the public cord,” he said. In the first half of this NORTH CAROLINA PUBLIC POLICY for Social Security benefits, defense year, it grew at about 1 percent. spending, and other purposes. Adding Among other things, Foster said: • Federal debt-to-GDP ratio was the Social Security and Medicare trust less than 32 percent for most of the post- CreatingGoing your to www.JohnLocke.orgown personal Key Account each at day is a fund debt pushes the total to $19 tril- war period. It “has shot up to about 72 greatwww.JohnLocke.org place for you isto a track great startingcritical placepublic for policy tracking is- lion. [percent]” and continues to rise. The more relevant number is un- • The deficit will explode when suesthe critical facing public North policy Carolina. issues facing North Carolina. funded obligations in those programs interest rates return to normal levels. Available at the JLF website are policy reports, that are between $70 trillion and $100 The 10-year Treasury bond rate to- Each day, your Key Account searches a comprehensive trillion, he said. Trust funds are just day is around 1.65 or 1.7 percent and briefing papers, news articles, press releases, col- “fabrications of budgetary accounting. would increase “toward 4.5 percent,” database of JLF reports, briefing papers, news articles, They really don’t mean anything from increasing the amount of tax money umns by our analysts, and event notices. a fiscal standpoint.” used to service the debt from $220 bil- pressOur releases, site is and an eventsexcellent notices tool to for display those timely drafting Entitlement spending on Social lion a year to $800 billion. information about the issues of your choice. It’s an Security, Medicare, and Medicaid “is • Taxes this year are equivalent legislation, researching policy issues, preparing simply crowding out everything else the to about 18 percent of GDP. That’s a newsexcellent stories, tool forplanning those drafting political legislation, or lobbying researching cam- government wants to do,” Foster said. full percentage point higher than the In fiscal 2000, entitlements ac- postwar average. And yet increased paigns,policy issues, or seeking preparing information news stories, with planning which political to be a counted for $951 billion, or about 52.8 revenues are not sufficient to cover anor informedlobbying campaigns, voter and or citizen. seeking information with percent of a total $1.8 trillion in spend- even higher spending. ing. By fiscal 2015, entitlement spend- • Over the past five years labor productivity growth has been below 1 which to be an informed ing was $2.3 trillion, or 62.3 percent percent. “That is another expression of voterVisit and www.JohnLocke. citizen. of a total $3.7 trillion outlay. By fiscal economic policy that is failing.” Busi- org and you’ll be well- 2026, entitlements are expected to cost ness investment is very weak, contract- Visit www.JohnLocke.org $4.1 trillion, or 65.7 percent of total ing the past three quarters relative to informed on the issues spending of $6.2 trillion. the previous quarter, and at an acceler- facingand create North your Carolina personalized and “There’s a date certain when that ated rate. “That translates into we’re in trust fund goes to zero” if Social Security trouble.” herKey citizens. Account today! is not reformed, Foster said. “It means • The “regulatory onslaught” that everyone in Social Security is going from federal agencies adds costs to to get a 21 percent cut in their benefits.” business operations, and even discuss- Without reform, Medicare’s trust fund ing more laws and greater regulations will evaporate, too, making it impossible makes it very hard for businesses to to pay for seniors’ hospital bills. plan for the future or invest, due to un- It doesn’t matter whether Hillary certainty. CJ PAGE 4 NOVEMBER 2016 | CAROLINA JOURNAL North Carolina Study: States with CON laws have higher mortality rates By Dan Way tality, it’s troubling, and it’s serious, is “probably going to come as a sur- and education. Associate Editor and I think this, on top of all of the prise to many people because the chief The study, covering 2011-15, ana- RALEIGH other recent research showing how justification for certificate-of-need laws lyzed data from Hospital Care, a da- ospital patients in states that terrible these programs are in achiev- is that it increases the quality” by chan- tabase built using information from require providers to obtain a ing their goals … should come as a neling a higher volume of patients into the Hospital Quality Alliance, whose certificate of need for certain wake-up call,” Christopher Koopman, a select system, supposedly increasing members include the American Hospi- Hmedical services die at higher rates a Mercatus Center research fellow who expertise. tal Association, American Medical As- from some common ailments, a new has researched CON laws on a national The CON drag on health care sociation, and U.S. Chamber of Com- study concluded. scale, told Carolina Journal. quality found in the study is similar to merce. Thomas Stratmann and David “This should come as a siren to what happens in any industry that is The Centers for Medicare and Wille of the Mercatus Center at George health care reformers that this is more heavily regulated, infused with price Medicaid Services maintains Hospital Mason University authored a working than dollars. This controls, and pro- Compare, which contains more than 100 paper titled “Certificate-of-Need Laws is more than the tects incumbent quality indicators from more than 4,000 and Hospital Quality.” The study also health care prices providers, Koop- Medicare-certified hospitals. The study determined the quality of hospital and health care man said. looked at more than 900 hospitals. health care in states with certificate- spending. These “In a more Hospital readmissions and mor- of-need laws often is inferior to that in are real human competitive envi- tality rates representing “some of the neighboring states without the restric- lives on the line,” ronment, the high- most common, costliest, and most tive mandates. Koopman said. est quality, lowest variable factors affecting individual “The average 30-day mortality “There is a human price will win. But hospitals’ performance” were used, rate for patients with pneumonia, heart element to all of when you have a the study said. failure, and heart attack who were dis- this.” less competitive North Carolina hospitals were charged from hospitals in CON states “We are still market, one where not part of the study because every was 2.5 to 5 percent higher than that evaluating the re- entry into the mar- surrounding state has CON laws, so a of their non-CON-state counterparts,” port,” Julie Henry, ket is restricted by comparison to non-CON border states the authors said in a news release ac- vice president for communications at certificate of need, what you end up was not possible. companying the report. the North Carolina Hospital Associa- with is providers that no longer have The study authors offered one ca- “The largest difference is in tion, said in response to the Mercatus to focus as much on quality as they veat to their empirical approach: Qual- deaths following a serious post-sur- Center findings. otherwise would in a more competi- ity of care at hospitals in CON states gery complication, with an average of “Because the previous Mercatus tive environment,” Koopman said. might improve if they had to compete six more deaths per 1,000 patient dis- reports were filled with inaccurate in- The study builds on past research with hospitals across the border in a charges in CON states,” they wrote. formation, NCHA will do a thorough but employed an innovative design ap- non-CON state. And that could be bad “Further, our findings provide analysis before commenting,” she said. proach. It drew its comparisons using news for North Carolina. some evidence that CON regulations She was unable to say when a response Health Referral Regions — generally “Given that our approach still finds are associated with lower overall hos- would be forthcoming or detail pur- large metropolitan areas that sprawl a quality differential despite this caveat, pital quality, although the correspond- ported inaccuracies from earlier reports. across state lines. There are 306 regions hospitals in CON states outside [Health ing point estimates are not always pre- “All of the Mercatus Center’s re- of this type in the country. Referral Region] market areas may pro- cise,” the report stated. search is held to the highest academic The study developed a subset of vide even worse quality than hospitals With 25 separate CON rules, standards, including our work on cer- 39 border-straddling Health Referral in CON states that are competing with North Carolina ranks No. 4 among the tificate of need,” Koopman said. “We Regions comprising CON and non- hospitals in non-CON states in the same 36 states and Washington, D.C., that welcome any discussion that it gener- CON states. They were chosen using market,” the authors wrote. impose such mandates. While North ates and are always happy to address the assumption that health market Although North Carolina did Carolina hospitals did not figure into questions or take part in debates that conditions on each side of the state line not figure into the study, “The key the study, the authors say their find- result from our work.” tend to be fairly consistent. finding of the paper is still something ings apply here. Koopman said the higher mor- The research reached similar that North Carolina policymakers and “The fact that certificate-of-need tality rates at hospitals and the dimin- findings after controlling for demo- people interested in health care reform laws are associated with higher mor- ished health care quality in CON states graphic factors such as age, income, should take note of,” Koopman said. CJ

Share your copy of Carolina Journal Finished reading all the great articles in this month’s Carolina Journal? Don’t just throw it in the recy- cling bin, pass it along to a friend or neigh- bor, and ask them to do the same. Thanks. NOVEMBER 2016 | CAROLINA JOURNAL PAGE 5 North Carolina McCrory, NCGA leaders: Special Matthew session unneeded government to help us.” Mark Trogdon, director of the General Assem- N.C. legislature convened bly’s Fiscal Research Division, said state law gives the governor broad authority to deal with emergen- three months after Floyd hit cies. “He’s got some latitude under those conditions the state in September 1999 to move money around to meet immediate needs,” By Barry Smith Trogdon said. Associate Editor “At this point, we don’t know what the costs RALEIGH are,” Moore said. Moore added that the fiscal dis- hile some Democratic legislators are calling cipline the General Assembly has shown in recent for a special session to deal with recovery years has paid off with an ample rainy-day fund. efforts for Hurricane Matthew, Republican On Oct. 13, McCrory enabled Disaster Unem- WGov. Pat McCrory and GOP leaders in the General ployment Assistance to residents in 20 counties who Assembly say a special session is unnecessary. lost their jobs as a result of Matthew. The declaration McCrory, House Speaker Tim Moore, R-Cleve- allowed those who lost jobs as a direct consequence land, and Senate leader Phil Berger, R-Rockingham, of the hurricane, including the self-employed, to ap- say there’s enough money to handle the state’s emer- ply for and receive unemployment compensation gency efforts dealing with the havoc caused by Mat- benefits immediately rather than wait one week or thew until January 2017, when lawmakers return to Satellite view of Hurricane Matthew bearing down on offer proof of searching for a job. the East Coast. (Photo courtesy of Embry-Riddle Aero- The governor said some businesses hit by the Raleigh. nautical University) “I’ve seen nothing thus far that would indicate storm may qualify for immediate benefits as well. Moore said the General Assembly will have to that we need to act on it right now,” Moore said. The flooding linked to Hurricane Matthew authorize use of money from the state’s rainy-day “The governor has handled this situation really well. brings back memories of the damage from Hurricane fund before it can be used. The rainy-day fund has a He is on top of it.” Floyd. Floyd struck the state Sept. 16, 1999, and left balance of $1.6 billion. much of eastern North Carolina under flood waters. Moore joined Berger in a statement supporting State Rep. Billy Richardson, D-Cumberland McCrory’s decision not to immediately call the Gen- The storm was blamed for 51 fatalities. urged McCrory to call a special session to move Matthew, which hit the state Oct. 8, also flood- eral Assembly back into session. money from the state’s rainy-day fund into a relief “Because of the governor’s swift action, state ed many areas of eastern North Carolina. So far, 26 program for people affected by Matthew. fatalities have resulted from the storm. More than and federal resources are currently being disbursed Senate Minority Leader Dan Blue, D-Wake, and 800,000 residents lost electricity during or after the to those impacted by the storm and are projected Rep. Ken Goodman, D-Richmond, also asked for a storm. to fully cover our recovery needs until next year,” special session. Goodman said lawmakers needed to Then-Gov. Jim Hunt called the General As- Berger and Moore said in a joint statement. “Gov. address flood relief plans and provide direction and sembly into a special session on Dec. 15, 1999, nearly McCrory has already announced that if additional flexibility for makeup days for local school boards funds are needed he will call the legislature back and superintendents. three months after Hurricane Floyd hit the state. to a special session, but — as previous state leaders “I’ve got people in my county that are absolute- Lawmakers set up a Hurricane Floyd Reserve Fund recognized during similar disasters like Hurricane ly devastated, and they need to know their govern- of $836.6 million, with $285.9 million coming from Floyd — it would be imprudent to try to determine ment cares about them and if they’re going to help the rainy-day fund. long-term needs until floodwaters recede and imme- them,” Richardson said. “They don’t need it four Another $226.5 million came from unspent diate threats to safety are controlled.” months from now. They need it now.” money that had been allocated to state agencies, uni- “The governor and his [Cabinet] secretaries Richardson said it is better to have programs in versities, and community colleges, known as rever- have kept us in the loop,” Moore said. “I think it’s place and the money available and not need it than sions. Lawmakers diverted $146.5 from capital im- important to remember that we’re actually dealing not to have the money in place and need it. provement programs. The rest came from other parts with it. Waters are still up. This is still a real-time in- “I’m from North Carolina,” Richardson said. of state government, including $6.7 million set aside cident.” “I don’t wait on the federal to renovate legislative chambers and buildings. CJ Books authored By JLF staFFers Share your copy Selling the Dream of Carolina Journal Why Advertising is Good Business Finished reading all the great articles in this month’s Carolina Journal? Don’t just By John Hood throw it in the recy- PresidentChairman of ofthe the JohnJohn Locke Locke Foundation Foundation cling bin, pass it along “[Selling the Dream] provides a to a friend or neigh- fascinating look into the world of advertising and beyond ... bor, and ask them to Highly recommended.” Choice do the same. April 2006 Thanks. www.praeger.com PAGE 6 NOVEMBER 2016 | CAROLINA JOURNAL North Carolina Study: Chiropractic and physical therapy benefits consumers

By Barry Smith that neither chiropractors nor physical always clear that these more invasive to accept chiropractic as a viable substi- Associate Editor therapists are perfect substitutes for (and much more expensive) treatments tute, and willingness to make referrals RALEIGH primary-care physicians. are necessary, and the risks of the pro- to chiropractors still appears limited,” new study finds that expanding “In certain instances, such as cedures may sometimes outweigh the the study says, noting that scope-of- the scope of practice for midlev- when patients are intended benefits.” practice laws vary tremendously from el health care providers, includ- experiencing neck or They also noted state to state. Aing chiropractors— as North Carolina back pain, patients that until the mid- North Carolina has one of the has done — and physical therapists, may receive better- 1990s, chiropractors more liberal scope-of-practice laws for may improve the efficiency of the quality care at lower were not allowed to chiropractors, Siragusa said. “Thank- health care market in the United States prices by seeing a chi- recommend over-the- fully, it’s a lot less of an issue here and benefit patients. ropractor or physical counter medications in North Carolina than it is in some The study, done for the Mercatus therapist as opposed to or draw blood from states,” he said. Center at George Mason University to a physician,” the patients, again requir- The study notes that chiroprac- in Arlington, Va., found chiropractors study says. “Con- ing their patients to tors, physical therapists, and physi- earn more if they work in states that sumer welfare is like- schedule additional cians are competing for market share allow them to offer a greater range of ly to be improved by visits to physicians for in the $300 billion market for treating medical services, defined in what are having greater access treatment. back and neck pain. called scope-of-practice laws. to lower-priced care The influence of “Each profession will prescribe a “I think what you’re seeing is a and more choices for physicians on chiro- different set of treatments. Chiroprac- result of the fat being squeezed out of pain treatment.” practic licensing laws in many states tors and physical therapists will gener- the health care delivery system,” said The study noted that the medi- remains visible, the study notes. ally prescribe less-invasive treatments, Dr. Joe Siragusa, CEO of the N.C. Chi- cal community historically has viewed “Further, recent evidence sug- whereas physicians will be more in- ropractic Association. Siragusa said chiropractors with suspicion, and gests that, because they want to protect clined to prescribe drugs or surgery,” there was a time in America when scope-of-practice laws, which vary market share, physicians are reluctant the study says. CJ chiropractic medicine was maligned. state by state, have limited the range of Over time, chiropractic medicine has services chiropractors can provide. In integrated more traditional scientific many states, physical therapists tradi- evaluation, and as traditional health tionally have worked under the super- care has become more expensive, chi- vision of physicians and only recently ropractic medicine becomes a more at- have been permitted to see patients tractive option for patients. without a physician referral. “It’s cheaper, and it’s safer,” Sira- Because many traditional phy- gusa said. “The science supports it.” sicians believed chiropractic practice The study was conducted by was based on dubious science, the economists Edward Timmons, asso- American Medical Association active- ciate professor at Saint Francis Uni- ly fought the expansion of chiroprac- versity; Jason Hockenberry, associate tic care and barred any association of professor at Emory University; and physicians with chiropractors in the Christine Piette Durrance, associate mid-20th century, the study notes. professor at UNC-Chapel Hill. However, chiropractors fought The study also found that laws back and in the 1970s began intense, allowing patients to see physical successful lobbying efforts for Medi- therapists without a physician refer- care to cover some chiropractic ser- ral (known as “direct access”) do not vices. increase wages for PTs, but they do ap- In an opinion article published in pear to reduce chiropractor earnings, U.S News & World Report, the study’s suggesting that chiropractors and PTs authors said the exclusion of chiro- compete for the same patients. And, it practors and PT is important because found, neither scope-of-practice laws “[p]hysicians are more likely to pre- [email protected] nor direct-access laws appear to affect scribe invasive treatments (e.g., sur- physician wages significantly. gery and medication) than chiroprac- The Mercatus study also noted tors and physical therapists. It is not FIRST IN FREEDOM Transforming Ideas into Consequences for North Carolina In First in Freedom the John Locke Foundation’s president and research staff apply the timeless ideas of 20th-century con- servative thinkers to such 21st-century challenges as economic stagnation, tax and regulatory burdens, and educational medi- ocrity. To get your copy, go to JohnLockeStore.com. Cost: $10.

The John Locke Foundation, 200 W. Morgan St. Suite 200, Raleigh, NC, 27601 919-828-3876 • JohnLocke.org • CarolinaJournal.com • [email protected] NOVEMBER 2016 | CAROLINA JOURNAL PAGE 7 North Carolina JLF: Minimum wage hike could cost N.C. 334,000 jobs Carolina, Sanders said. said. North Carolina was $15.91 in May Boost to $15 per hour Sanders highlights more than a “Economists studying the issue 2015, only 91 cents higher than the decade’s worth of economic research five years later found significant, nega- new proposed minimum wage,” Sand- showing negative impacts linked to tive impacts for low-skilled workers’ ers said. “That alone implies heavy dis- would affect 2/5 of the government-mandated minimum employment and income trajectories,” employment effects in North Carolina wage. “A 2006 survey of the economic he said. “A lower income trajectory is from forcing the minimum wage to employees statewide literature showed a relatively consis- the result of the higher minimum wage $15 per hour. Such a wage would im- tent finding of keeping low- pact over 40 percent of North Carolina By CJ Staff negative em- skilled workers workers.” RALEIGH ployment ef- from accumu- Advocates are misguided when aising the government-mandat- fects,” he said. lating experi- they suggest such a massive increase ed minimum wage to $15 per “Very few — if ence as well as in the minimum wage would help the hour could cost North Caro- any — stud- income, artifi- economy and employment, Sanders linaR 334,000 jobs. The least-skilled and ies provided cially limiting said. most vulnerable workers would feel convincing their upward “A higher minimum wage can’t the largest impact, according to a re- evidence of income mo- increase the skill level of any worker,” cent John Locke Foundation Spotlight positive em- bility, even to he said. “It can’t expand payrolls. It report. ployment ef- rise just to the can’t keep the hours offered by em- “Economic research consensus is fects, and the lower middle ployers steady. It can’t make automa- clear on the negative effects of a higher researchers class.” tion less price-competitive with more minimum wage on low-skilled, poor, found what The Eco- expensive human labor. It can’t make and teenage workers,” said report au- they labeled nomic Policy employers stay in business. thor Jon Sanders, JLF director of regu- ‘relatively Institute found “All it can do is make it more ex- latory studies. “Advocates who believe overwhelming evidence’ of negative negative impacts for teens from the last pensive to employ low-skilled work- they will be helping these groups are effects for the least-skilled workers.” minimum wage increase. “In North ers,” Sanders added. “Teenagers and confusing their good intentions with Studies in recent years have con- Carolina, the increase caused a 3.6 per- the least-skilled, inexperienced, and good outcomes.” firmed those findings. The evidence cent employment decline among teen- poorest workers — the very people we Left-of-center politicians and ac- points to trade-offs between higher agers,” Sanders said. “For teens with- would like to see have more opportu- tivists have touted the $15 minimum wages for some against job losses for out 12 years of education, the decline nities to become productive workers hourly wage in recent years at the lo- others, especially “very low-skilled was twice as high: 7.2 percent.” in North Carolina — they’re the ones cal, state, and national level. workers,” Sanders said. Research about the impact of a most likely to be left behind by a mini- “In places like North Carolina, A 2015 survey of U.S. economists $15 minimum hourly wage has been mum wage increase.” which has set a government-mandated found “large majorities” who opposed sparse, largely because “no increase of State policymakers have made wage no higher than the federal level, a $15 minimum hourly wage, Sanders the magnitude under discussion has the right choice in resisting calls to raise the proposal would represent a 107 said. “The economists said the higher ever been seen before,” Sanders said. North Carolina’s minimum wage high- percent increase,” Sanders said. “Sky- wage would lead to fewer available A former Congressional Bud- er than the federal level, Sanders said. rocketing the minimum wage to that jobs, lower youth employment lev- get Office director and former chief “There is no good reason to inflict any level would have deep impacts. That’s els, lower adult employment levels, economist of the Council of Economic greater harm to the poorest, least-skilled, over double the current minimum and employers requiring greater skills for Advisers led a study projecting a na- and least-experienced workers in North would capture far, far more workers entry-level jobs, and small businesses tional loss of 6.6 million jobs. A Heri- Carolina than the federal minimum than a modest increase.” having a harder time staying in busi- tage Foundation economic researcher wage already does,” he said. “State lead- Estimates suggest a $15 mini- ness.” estimated a loss of 6.9 million jobs. It’s ers should also urge their federal coun- mum wage would affect roughly one- A 41 percent increase in the fed- that research that leads to the estimate terparts against increasing the minimum third of workers nationally and more eral minimum wage from 2007 to 2009 of 334,000 lost jobs in North Carolina. wage, especially to the unprecedented than 40 percent of workers in North produced disturbing effects, Sanders “The median hourly wage in cliffs of $15 per hour.” CJ Visit Carolina Journal Online

http://www.facebook.com/jlf.carolina.journal

http://carolinajournal.com Hed here

PAGE 8 NOVEMBER 2016 | CAROLINA JOURNAL Local Government Judge to NCDOT: Start making payments to Map Act victims

By Barry Smith ments from issuing building permits or owners from Associate Editor subdividing property within the corridor. RALEIGH The law was intended to hold down costs to the Superior Court judge has set a timetable for state by preventing development that would raise the N.C. Department of Transportation to property values in areas in and adjacent to highway complete appraisals and begin making depos- corridors. itsA to property owners within highway corridors un- The N.C. Supreme Court ruled that by invok- der the state’s Map Act. ing the Map Act, the DOT was taking the plaintiffs’ “This should have been no surprise to the de- property, which requires just compensation. partment that this day may someday come,” said The order gives property owners six months to Matthew Bryant, the lead attorney for plaintiffs in review and conduct their own appraisals once the the case. “They should have had plans for it.” DOT delivers its deposit and appraisal. Owners then Under the Oct. 3 order issued by Judge John will have one month to notify the DOT whether they Craig, the DOT has 90 days to make deposits — in- accept or reject the valuation as just compensation. cluding the amounts of proposed offers plus inter- Gene Kirby is one of nine plaintiffs who will soon receive If the owner rejects the valuation, the parties est — for the “Kirby 9 plaintiffs,” landowners who payments from the N.C. Department of Transportation will enter mediation, which must be concluded with- earlier this year won a lawsuit decided by the N.C. for unconstitutional takings of their property. (CJ photo in six weeks of the property owner’s notice of rejec- by Barry Smith) Supreme Court. tion. Cases not resolved at mediation will go to trial. The plaintiffs are named for Forsyth County land- for other property owners, Craig’s order says. The Bryant said the DOT will have to make hefty owner Gene Kirby, who will receive compensation from order involves most property owners with land in interest payments to property owners, as the land the N.C. Department of Transportation under a court or- the Winston-Salem Northern Beltway corridor and was tied up for years by the law and the subsequent der after the state Supreme Court ruled the listing of his the Greensboro Outer Loop corridor. lawsuit. “They have cost the state on these pieces of property in a highway corridor under the Map Act was Similar lawsuits have been filed in Cleveland, property somewhere between $50 million and $100 an unconstitutional taking of his property. Wake, Cumberland, Robeson, and Pender counties million in interest,” Bryant said. The Supreme Court heard oral arguments on involving more than 300 landowners. DOT spokesman Steve Abbott said the de- the Map Act in February and ruled unanimously in The General Assembly enacted the Map Act in partment is reviewing the Forsyth County rul- favor of the plaintiffs in June. 1987. It allows the DOT to file a highway corridor ing, and another Map Act-related ruling from The DOT has seven months to make deposits map with local officials and prohibits local govern- Cleveland County, to determine its next steps. CJ Audit: Prison doc overbilled state more than $500,000

By Barry Smith could analyze only 6,198 hours of the plan to follow the auditor’s recom- the department’s review team will re- Associate Editor 8,864 because of incomplete records. mendations. view other contracted physicians’ time RALEIGH The report says that of the 6,198 They said DPS is exploring av- records for compliance. state audit shows that a phy- hours reviewed, the physician was enues for reimbursement and plan to The prisons involved were the sician contracted by the state at one of the correction facilities only appoint a review team to review avail- North Piedmont Correctional Center for Department of Public Safety to 1,661 hours — or 27 percent of the able records. Perry and Guice said that Women and the Davidson Correction Aprovide services to five prisons over- hours he claimed. Hassan billed the measures are in place addressing the Center in Davidson County, the Albe- billed taxpayers by more than a half- department for 4,537 hours he was not need for accountability on time records marle Correctional Institution in Stanly million dollars between 2011 and 2014. on site, totaling $567,125 in excessive and that any employee who doesn’t County, and the Brown Correctional The report, by State Auditor Beth billing. follow policies and procedures will Institution and Lanesboro Correctional Wood’s office, recommends that DPS However, the report says the phy- face disciplinary action. In addition, Institution in Anson County. CJ seek reimbursement from the phy- sician had a “tacit agreement” with the sician and that the department also department to bill for more hours than should consider reviewing the physi- he was on site. “He said DPS admin- Books authored By JLF staFFers cian’s time records before July 2011 to istrative personnel had actual knowl- determine if additional overbillings oc- edge he billed DPS for more hours than Efficiency and Externalities curred. he worked at the prisons,” the report The auditor’s findings have been says. “The physician said he routinely referred to the N.C. State Bureau of In- billed DPS approximately eight hours in an Open-Ended Universe vestigation and the Wake County Dis- for a large facility and three hours for a trict Attorney’s office. small facility each visit.” Dr. Sami Hassan, president of Department administrators de- North State Medical Associates in Oak nied having such an agreement in Ridge, signed a request for personal place, the report continues. services contract with the state in June However, the report shows that 2011. In 2013, the contract was extend- one prison employee said she was told ed by a year. The department, then by supervisors to sign the physician’s By Roy Cordato called the Department of Correction, time records even though she knew Vice President for Research agreed to compensate Hassan at a rate they were inaccurate. And two prison John Locke Foundation of $125 an hour. employees responsible for approving “Cordato’s book is a solid According to the report, the De- the physician’s time records said they performance, demonstrating partment of Public Safety realized were told by supervisors not to verify impressive mastery of both there was a discrepancy between the hours because it was difficult to find the Austrian and neoclassical physician’s time records and the gate physicians to work at prisons. logs. In their response to the report, literature.” Over the three-year period, the DPS Secretary Frank Perry and Divi- Israel Kirzner DPS paid the physician $1.1 million for sion of Correction and Juvenile Justice Cato Journal 8,864 hours. However, investigators Commissioner David Guice said they www.mises.org NOVEMBER 2016 | CAROLINA JOURNAL PAGE 9 Local Government Critics: Attempts to cater to Millennials may backfire By Dan Way Associate Editor RALEIGH s new arrivals continue to pour into North Carolina, cities must plan vertical growth to ac- commodateA the influx, consider new modes of transit, and think in terms of joint regional planning to increase jobs and boost amenities to attract the young adults born between 1980-2000 and known as Millennials, a panel of experts said recently. “Our cities are growing at a re- ally rapid rate, and they want to make Panelists Rich Bonanno, associate dean of N.C. State University’s College of Agriculture and Life Sciences; Julie White, execu- sure that it is growth they can sustain, tive director of the Metropolitan Mayors Coalition; Rebecca Tippett of the Carolina Population Center at UNC-Chapel Hill; and growth that they can accommodate,” Burlington Mayor Ian Baltutis discuss Millennials and city planning at the Oct. 5 NC Next Conference. (CJ photo by Dan Way) said Julie White, executive director of movement “is much better-organized, beaches or the mountains, so more mu- O’Toole said. the Metropolitan Mayors Coalition, has control of the media, and control nicipal bypasses will be built, more so- Portland, Ore., “has become a representing 32 N.C. cities with 25,000 of the universities.” Few people argue lar farms will go up, and more produc- mecca for these ideas,” he said. But he or more residents. “that maybe we shouldn’t be doing tive farmland will disappear. attributes Portland’s rise of Millennials “Because of [court] challenges in this,” he said. Burlington Mayor Ian Baltutis, a to the 1985 law making Oregon one of the annexation laws, what we’re seeing Panelist Rebecca Tippett of the Millennial panelist, said Burlington is is a lot of cities go back and revisit their the first states that allowed pubs to sell Carolina Population Center at UNC- considering urban density and infill density requirements,” White said, be- craft beer. Chapel Hill said North Carolina is possibilities while working with local cause there will be “less growing out “In my opinion, it is microbrew experiencing “dynamic and dramatic industries to attract more Millennials. and more growing up.” pubs, not urban planning, that have at- changes.” Wake County alone is pro- He is reaching out to smaller Alamance White was among the panelists tracted Millennials to Portland. Legal- jected to absorb 300,000 to 500,000 new County municipalities to initiate re- ization of pot doesn’t hurt,” O’Toole at an Oct. 5 NC Next Conference in gional approaches to planning. Raleigh hosted by the North Carolina residents in the next 20 years. said. “They can’t all go downtown. Baltutis said the state needs to “A study by the Portland Business FreeEnterprise Foundation. move away from making road con- There’s going to be spreading out” into Alliance found that young Portlanders But critics of high-density plan- struction a priority and determine the ning say today’s young adults even- the suburbs and even some rural areas, work fewer hours at lower-paying jobs Tippett said, so increasing a govern- “multimodal” options that could best tually will want detached homes and connect the 166-mile Charlotte-to-Ra- than Millennials elsewhere, which has yards just like the generations who mental focus on regionalism through reduced Portland’s per-capita income regional policies and collaborative leigh corridor. That would help resi- came before them. dents of bedroom communities such from above the national average in “You have to understand, ur- measures will be essential. 1990 to below the national average to- Panelist Rich Bonanno, associate as Burlington find jobs to which they ban planning has become a religion. could commute more quickly. day,” O’Toole said. “Not exactly a great It doesn’t stand up to any sort of real dean of N.C. State University’s College argument for Portlandia.” of Agriculture and Life Sciences, said More walkable communities, test,” said Joel Kotkin, a fellow in ur- smaller apartments, shorter commutes, Kotkin said North Carolina ranks as growth occurs, tension will rise be- ban studies at Chapman University in and the ability to have a better work- 16th out of 50 states and Washington, tween municipalities and farmers. Orange, Calif. Many of these high-den- life balance are some major factors D.C., in attracting Millennials but “Even if you’re trying to be more sity communities survive only because driving private-sector development, ninth in inflow of the 35-44 age group. they’re subsidized with tax preferences concentrated and grow vertically, you while municipal planners seek ways to That is important to understand, he or regulations that inflate the cost of always take a lot of land out of pro- assist that trend, the panelists agreed. said, because the older age group is single-family homes. duction,” Bonanno said. More people Tippett said nationally she hears more interested in raising families and Kotkin said the pro-density will want quick and easy access to the “a lot of advocacy for the development owning a suburban home. of what might be called the hub-and- He says municipal planners, the spoke model” of growth, under which green industry, large lending institu- a large metropolitan center would be tions, and builders are behind the push surrounded by smaller towns with dis- for multifamily housing, with little evi- tinct identities. dence people want it. Bonanno said reinvigorating “Some of the mythology” about smaller cities into jobs-producing Millennials is that they shun home entertainment centers is essential ownership, Kotkin said. “A very small to keeping younger people on rural percentage” of Millennials actually farms. About 80 percent of farmers rely live downtown. on secondary income. Of 55,000 farm “My prediction is that they will families in North Carolina, 70 percent overbuild multifamily just like they gross $50,000 or less. overbuilt exurbs in 2007 and 2008,” Kotkin isn’t the only skeptic of Kotkin said. A majority of Millennials the “religion” of urban planning. “In my opinion, planners don’t know how will be over 30 by 2018 and will move cities work, so they follow fads,” said out of the urban centers as their life- Randal O’Toole, senior fellow at the styles and life stages change. Multi- Cato Institute and a longtime critic of family housing likely will be vacated, government urban planning. he said, because there are twice as “The latest fad has many differ- many Millennials as there are in the ent names — New Urbanism, sustain- generation that followed them. able communities, etc. — but it all “It would be a pathetic thing to comes down to the same thing: Mid- put light rail in,” Kotkin said. “If it rise, mixed-use developments. There doesn’t work in Houston, if it doesn’t [email protected] may be a small demand for such de- work in L.A., if it doesn’t work in Dal- velopments, but once that demand is las, then why would it work in … Ra- saturated, they have to be subsidized,” leigh?” CJ PAGE 10 NOVEMBER 2016 | CAROLINA JOURNAL Local Government Study: Wake transit tax would fund ‘underutilized’ system quency of regular bus lines and con- convenience factor for commuters who would cover most of the rest of the bill. nect every municipality in the county shop or pick up children on the way “Just 4 percent of the funding is JLF expert says plan through transit.” home from work, Tisdale said. “So expected to come from riders,” Tisdale Much debate about the Wake while commuter rail may appeal to a said. “Contrast this with most busi- is more aspirational plan involves a 37-mile commuter rail small number of people whose homes nesses, which depend on customers to line extending from Wake into Dur- and offices are very near train stations, generate all revenue. It’s important to than it is practical ham Coun- for most it note that there is no expectation that ty. “Wake will remain riders ever will contribute a significant By CJ Staff deserves a slower, amount to transit system finances. The RALEIGH credit for less conve- long-term plan is for taxpayers to sub- ake County taxpayers could rejecting a nient form sidize 96 percent of the transit system’s light-rail of transpor- be saddled with a multibil- costs.” option that tation.” lion-dollar bill for an expand- A particularly questionable piece Wed transit system that fails to meet most would have Bus of Wake County’s plan involves tran- people’s needs. That’s if Wake voters required Rapid Tran- sit services for areas of the county approve a half-cent sales tax increase construc- sit faces with low demand, Tisdale said. “Some on the Nov. 8 ballot. A new John Locke tion of new similar Foundation Spotlight report examines train tracks, problems routes are designed to ensure every that ballot measure. but com- since it re- corner of the county is covered, even “Lots of people think public tran- muter rail is quires fixed if use of those routes is minimal,” she sit sounds like a great idea for other still expen- stations said. “It is difficult to see how a bus people, even though they don’t want sive,” Tis- and dedi- route to an area without a lot of people to use it themselves,” said report au- dale said. cated bus that runs infrequently and only during thor Julie Tisdale, JLF city and county “It is also lanes, Tis- peak hours offers much value.” policy analyst. “Buses and trains aren’t unlikely to deliver the sort of benefits dale said. “BRT promises to be quicker Ridership numbers for the ex- as comfortable or convenient as a car, to commuters that supporters hope to and more convenient than traditional isting Wake transit system offer little but those options seem wonderful for see.” buses, but it’s also much more costly,” reason for optimism about expansion, other people. Tisdale points specifically to an she said. “Building fixed stations and Tisdale said. “The transit plan tells us “Until significant numbers of estimate comparing a commuter rail dedicated lanes costs far more than that 66 percent of jobs and 41 of peo- people across Wake County are using trip between Durham and Raleigh to a putting a bus on an existing road. It’s ple already fall within three-fourths the existing transit system, taxpayers 5 p.m. drive on Interstate 40 and N.C. also likely that dedicated bus lanes of a mile of an existing bus stop. Yet should not be asked to foot the bill for 147. “The plan says a drive at that time would replace lanes for cars, leading to ridership numbers are extremely low. an expanded system that will be un- could last between 35 and 80 minutes, more congestion for drivers.” And there’s no evidence within the derutilized, inconvenient, and expen- while the commuter rail trip would BRT also poses a longer-term plan that ridership will grow substan- last 45 minutes,” she said. “It fails to problem, Tisdale added. “A great ad- sive.” tially.” note that the 45-minute travel time vantage of buses is their flexibility,” Wake County voters will approve The Wake County Transit Plan counts only the train trip. The plan “It’s easy to change routes as commu- or reject an additional 0.5 percent sales appears more “aspirational” than tax rate increase “to be used only for says nothing about travel from home nities grow, develop, and change. This practical, Tisdale said. “If the goal public transportation systems.” Mon- to the train station or from the train is not possible with a system depend- is to make Wake County look like a ey generated from that sales tax hike station to work or another destination. ing on set routes, dedicated lanes, and would help fund the Wake County “With stations placed up to five fixed stations.” progressive, ‘connected’ community Transit Plan, Tisdale said. miles apart, this additional travel time Tisdale focuses attention on long- with at least token bus service to ev- “That plan is enormous,” she could be significant,” Tisdale added. term costs. Planners expect the new ery municipality, then the plan will do said. “It calls for spending $2.3 bil- “Any time advantage that commuter half-cent sales tax to generate 36 per- nicely. If the goal really is to get peo- lion over 10 years to build commuter rail might have offered would be great- cent of the Wake transit plan’s funding ple where they need to be when they rail lines and Bus Rapid Transit. It also ly reduced if not eliminated entirely.” over the next 10 years. Other federal, need to be there, then the plan falls would increase the number and fre- These calculations also ignore the state, and local government sources far short.” CJ Locke, Jefferson and the Justices: Subscribe to the Foundations and Failures of the U.S. Government

By George M. Stephens

Preface by Newt Gingrich

“This book is about American politics and law; it is also about channel on the roots of the Contract with America. A logical place to find the intent of the Founders is in Locke, [and] Stephens makes a contribution to highlighting this.” Newt Gingrich Former Speaker U.S. House of Representatives

http://youtube.com/johnlockefoundation1 Algora Publishing, New York (www.algora.com) NOVEMBER 2016 | CAROLINA JOURNAL PAGE 11 Local Government Court: Police may not detain COMMENTARY motorists after traffic stops Riots signaled By Michael Lowrey to a ‘reasonable articulable suspicion lack of leadership Contributor that illegal activity is afoot.’” RALEIGH Last year, the U.S. Supreme Court uesday, Sept. 20, was the day matter much — we live in an age uring a traffic stop, how long held in the case of Rodriguez v. United everything changed in Char- of instant judgment and instant after resolving the issue that States that the Fourth Amendment lotte. Charlotte-Mecklenburg anger, ready to react at the slightest led to the stop may a law en- does not allow police to detain motor- PoliceT Department officers, out to perceived incident or slight. Dforcement officer continue to question ists, even briefly, after an officer has serve a warrant, came across Keith Outstanding leadership can the motorist? That issue was before the completed the tasks associated with Lamont Scott. He wasn’t their tar- overcome such a situation. It’s state’s second-highest court in Septem- the traffic infraction. To detain a driver get, but he apparently had a gun. clear, though, that no one in Char- The encounter ended up with Scott lotte had the standing to defuse the ber, in a case involving a state trooper further requires police to have a “rea- being shot fatally. That same night, situation and get protesters out of who issued a warning ticket for speed- sonable articulable suspicion that ille- thousands of protesters took to the streets. In particular, the whole ing and later found more than 7 ounces gal activity is afoot.” Uptown Charlotte streets. The next situation has allowed Charlotte of cocaine in the car he’d pulled over. In her ruling, Adams cited sev- night, a full-on riot ensued, com- Mayor Jennifer Roberts to demon- On Sept. 9, 2014, state trooper eral reasons that Lamm might suspect plete with large-scale looting and strate that she is a far better politi- John Lamm stopped a Nissan Altima illegal activity: Reed seemed overly police firing tear gas and smoke cian than a leader. for a speeding violation on Interstate nervous; he did not follow several bombs. By Thursday, the In trying times, 95 in Johnston of the trooper’s nation’s 17th-largest city leaders make difficult County. David requests; there was under a curfew with decisions, resolve issues, Reed was driving The North Carolina Courts were discrepan- National Guard troops and convey a strong sense the rented vehicle; cies in the rental on patrol. that they are in control, his fiancée, Usha agreement; Reed Going forward, and everything will be Peart, was riding paid cash for the Charlotte needs strong OK. Politicians simply in the front pas- rental; several air leadership, much stron- try to play things for senger seat. After fresheners were in ger than that displayed the maximum political resolving dis- the car; a dog and during the crisis, to benefit. crepancies in the dog food were in rebuild its brand and its Roberts’ first ques- rental agreement the car; and the MICHAEL sense of community. LOWREY tionable decision was not for the car, Lamm car showed signs Scott was black and to declare a state of emer- issued Reed a warning ticket. that Reed and Peart may have been the treatment of African- gency and request state Despite telling Reed that he living in it. Americans by police has resources after the first was “completely done with the traffic The Appeals Court, however, very much become a national issue. night of protects. This was simply stop,” however, the trooper did not tell did not find these reasons particularly The conventional narrative has a political calculation — calling for Reed he was free to go. Instead, Lamm convincing, as most were consistent white cops engaged in oppressive outside assistance would make the asked whether drugs, firearms, or ille- with innocent travel, the majority said. police practices targeting African- city look bad. That’s undoubtedly gal cigarettes were in the Altima and if More important, many of the facts Ad- Americans, in some places even true, but what did happen made he could search the car. Reed told the ams cited, such as Reed‘s nervousness, essentially using them as ATMs to the city look far, far worse. Ulti- officer to ask Peart, who acquiesced to came to light only after the “tolerable help fund the local government or mately, CMPD Chief Kerr Putney the search. duration” of the speeding stop had ex- police department. requested state help Wednesday Lamm discovered cocaine under pired. Charlotte doesn’t fit that night after it became clear that the back passenger seat. After Superior “To affirm the trial court, as the model and really isn’t the sort of things weren’t going to turn out Court Judge Gale Adams refused to dissent suggests, is to ignore the Unit- place where riots are supposed well that evening. suppress the results of Lamm’s search, ed States Supreme Court’s direction in to happen. The officer who shot The next day’s decisions Reed pleaded guilty to trafficking co- Rodriguez,” wrote Hunter. Scott is black. The current chief of were just as curious and counter- caine in a deal that spared Peart from Judge Chris Dillon disagreed the Charlotte-Mecklenburg Police productive. The city decided to prosecution. He was sentenced to be- with the majority. Department is an African-Amer- impose a midnight curfew — and tween 70 and 93 months in prison “Because I agree with the state ican, as was the previous chief. announced the decision at about along with a $100,000 fine. that Judge Adams’ findings support Three African-Americans have 8 p.m. Presumably, this was an On appeal, Reed argued that a conclusion that Trooper Lamm ob- been elected mayor of Charlotte, attempt to limit the scope of that Lamm’s search violated the Fourth tained defendant’s consent to search and the city just hired a black city night’s protests, but if you’re going Amendment to the U.S. Constitution’s the rental vehicle after the traffic stop manager. Nearly half the mem- to assume control, then assume ban on unreasonable searches and sei- had concluded and defendant was oth- bers of Charlotte City Council are control. By waiting so long to zures. Reed claimed the trial court in- erwise free to leave, I respectfully dis- black, and no Republican has been impose a curfew, Roberts signaled correctly concluded that the officer had sent,” wrote Dillon. elected as mayor or to an at-large indecision and weakness. It was sufficient justification to continue the In Dillon’s view, Lamm finished city council seat in the past three not at all considerate of the many stop after issuing the warning ticket. the traffic stop and then obtained the elections. city residents who didn’t take part The Court of Appeals agreed and consent to search “only after his ex- The economic exploitation ar- in the protests but might have had overturned Reed’s conviction. change with defendant evolved into a gument doesn’t fly, either. Criminal plans that would keep them out “The trial court’s findings do not consensual encounter.” fines in North Carolina fund local after midnight. support its conclusion that Trooper Court of Appeals decisions are schools, not municipal govern- Can the Queen City recover Lamm had reasonable suspicion of binding on the state’s trial courts un- ments or police departments. from the events of September? Yes, criminal activity to extend the traffic less overruled by a higher court, such In the age of social media, but it will require better decision stop and conduct a search after the as the N.C. Supreme Court. Because such details scarcely matter to making than that demonstrated by traffic stop concluded,” wrote Judge of Dillon’s dissent, the state Supreme people who are tuned into the its current mayor. CJ Robert Hunter for the Appeals Court. Court is required to hear the case if the Black Lives Matter narrative. The “The various legal behaviors in state appeals the decision. facts, whether the police shooting Michael Lowrey is a contributor to the trial court’s findings do not amount The case is State v. Reed (16-33). CJ was justified or not, also didn’t Carolina Journal. PAGE 12 NOVEMBER 2016 | CAROLINA JOURNAL From Page 1 Lawsuit challenges A.G.’s hog waste ‘slush fund’

Continued from Page 1 high priorities. Cooper was elected at- torney general in 2000. He took office in 2001 and has been awarding the grants every year since the program began. Even though the agreement states, “the companies have entered into this binding agreement freely,” the threat of a lawsuit always was loom- ing, and at times news organizations reported that the state had filed a law- suit. For instance, ABC television affili- ate WLOS in Asheville opened a report about the settlement stating, “Smith- field Foods, the world’s largest pork producer, reached a settlement in an environmental protection lawsuit filed by the State of North Carolina in 2000, in which it agreed to pay the state $50 million over 25 years to improve the environment.” According to Cooper’s office, he Edgecombe Community College Vice President Charlie Harrell says the environmental grant it received from the Smithfield has awarded more than $27 million to Agreement on hog waste remediation helped with drainage problems on the campus. (CJ photos by Don Carrington) more than 100 recipients through the Environmental Enhancement Grants and remain in the several counties, and zations received a total of $1.9 million. project the grant is supposed to fund. Program. The Smithfield Agreement shall be faithfully appropriated and The Pamlico Tar River Foundation It also invites parties to apply for the states: “The funds will be paid to such used exclusively for maintaining free was awarded $129,309 “to install and next round of grants. organizations or trusts as the attorney public schools.” restore wetlands to treat and reduce While over time, some of the general will designate. The funds will In 1998, the North Carolina De- stormwater runoff on the campus of grants have had a direct connection partment of Environment and Natural Edgecombe Community College. The be used to enhance the environment of to improving water quality associated Resources issued a policy allowing a project will improve surface water the state, including eastern North Car- with hog farms, the most recent ones olina, to obtain environmental ease- party that violates environmental law quality in the Tar-Pamlico River Basin have not. ments, construct or maintain wetlands to direct a portion of a civil or criminal and provide educational opportunities and such other environmental purpos- fine to a “Supplemental Environmen- for students and members of the com- In August Cooper announced a es, as the attorney general deems ap- tal Project.” munity.” total of $2 million would go to the fol- propriate.” That same year the North Caro- Edgecombe Community College lowing projects: The lawsuit contends that the lina School Boards Association and Vice President Charlie Harrell told CJ • $193,650 to the Town of Wake North Carolina Constitution requires several individual local school boards that the college was very appreciative Forest for stream restoration on Smith that settlement funds go to the state’s filed an action in Wake County Supe- of the stormwater work that was done Creek. public schools, and that a 2005 North rior Court. They asked the court to re- as a result of the grant. He noted that • $195,361 to the N.C. Coastal quire DENR fines and other payments the college did not handle any of the Carolina Supreme Court decision Federation to buy 24.8 acres on the imposed by various state agencies to funds. clarified the issue. That Supreme White Oak River. Court decision set a three-year statute be paid to public schools. In April 2015, the Pamlico Tar • $270,000 to the Piedmont Con- of limitations for seeking recovery of The case eventually made it to the River Foundation merged with the funds. The De Luca lawsuit asks the state Supreme Court, and in 2005 the Neuse River Foundation to form a new servation Council to buy property in court to require Cooper to recover the court agreed that money paid to fund organization named Sound Rivers. the Loves Creek watershed in Siler grant funds awarded in 2014, 2015, a Supplemental Environmental Project Sound Rivers is a member organiza- City. and 2016. was subject to Article IX, Section 7 of tion of the N.C. Environmental Part- • $110,209 to East Carolina Uni- Cooper’s office disputes the the state constitution and those funds nership. versity to develop a plan to restore claims made in the lawsuit. “The must go to the public schools. In October 2015, WRAL of Ra- Town Creek in Greenville. Smithfield settlement includes no De Luca’s suit states: “On infor- leigh reported that the N.C. Environ- • $37,000 for N.C. State Univer- fines, forfeitures, or penalties, and the mation and belief, the settlement with mental Partnership began airing a tele- sity to evaluate stormwater best prac- Smithfield Foods Inc. and its subsidiar- vision ad critical of McCrory’s support payments are not made to our office tices. or the state,” Cooper’s spokeswoman, ies was preceded by actual violations for hydraulic fracturing, or “fracking.” • $32,000 for Carolina Land and Noelle Talley, told CJ. of law by Smithfield Foods Inc. and According to a July story in the The Smithfield Agreement does subsidiaries of which the state had Raleigh News & Observer, the N.C. Lakes Resource Conservation & De- not address exactly who receives the knowledge.” Environmental Partnership had spent velopment to improve wetlands in annual $2 million payments from De Luca told CJ that the Environ- $1.6 million on ads critical of McCrory. the Rocky Face Mountain Recreational Smithfield. Documents supplied by mental Enhancement Grant program, CJ sought clarification from Area in Alexander County. Talley to CJ indicate that PNC Bank developed by Easley and administered Sound Rivers about a possible conflict • $150,000 for The Nature Con- is the trustee; the bank presumably by Cooper, is similar to the Supplemen- as a Cooper grant recipient that also servancy to purchase 300 acres along collects and deposits the money from tal Environmental Project program and was paying for ads critical of Cooper’s the Black River in Bladen County. opponent in the race for governor. A Smithfield and writes checks to the therefore unconstitutional. • $245,000 to the N.C. Coastal grantees when Cooper says so. spokesman for Sound Rivers told CJ Land Trust to support the purchase of Recipient criticized McCrory the organization had no comment at Supreme Court decision this time. 3,000 acres along the Waccamaw River. One of Cooper’s grants went to • $338,00 to the Tar River Land Article IX, Section 7 of the North an organization that earlier this year Latest grants Conservancy to purchase 260 acres on Carolina Constitution provides that helped underwrite issue ads critical of the “clear proceeds of all penalties and McCrory. Each year, Cooper’s office issues Fishing and Possumquarter creeks. forfeitures and of all fines collected in In August 2014, Cooper an- a press release listing the most recent • $250,000 to Ducks Unlimited the several counties for any breach of nounced the 12th cycle of Environmen- grant recipients and the amount of the to restore wetlands in Pasquotank and penal laws of the state, shall belong to tal Enhancement Grants. Eight organi- award, along with a description of the Tar-Pamlico River basins. CJ NOVEMBER 2016 | CAROLINA JOURNAL PAGE 13 From Page 1 Some bands use ribbons, not kneeling, to protest Continued from Page 1 bons or armbands, though the demon- strations largely have escaped notice. Band protests in North Carolina The only home games N.C. State and started not long after the late Septem- UNC-Chapel Hill had played since ber riots in Charlotte that occurred af- the ECU controversy occurred was on ter a black police officer shot and killed Oct. 8 when torrential rains associated a black resident. At East Carolina Uni- with Hurricane Matthew forced band versity, 19 band members dropped to members to wear ponchos, conceal- one knee during the anthem before the ing modifications to the uniforms from Pirates’ Oct. 1 game against the Uni- spectators’ view. versity of Central Florida. Fans began Robert Shibley, executive direc- booing when the band performed at tor of the Foundation for Individual halftime of the game, and radio station Rights in Education, said that univer- WFAY in Fayetteville, which broad- sities allowing such displays by band casts ECU football games, refused to members could be seen as a university- carry the team’s next game against the wide endorsement of the political mes- University of South Florida as a conse- sage the band members are expressing. quence. The FIRE is a nonprofit educa- ECU officials issued a statement tional and legal foundation that pro- Oct. 3 announcing a ban of similar tects individual rights at U.S. colleges protests by band members at future and universities, including “freedom games. of speech, legal equality, due process, Two UNC-Chapel Hill band religious liberty, and sanctity of con- members kneeled and put down their science.” instruments during the playing of Part of Shibley’s concern is that the anthem before the Sept. 24 game N.C. State’s band director reportedly North Carolina colleges try to balance individual freedom with uniformity of uniforms against the University of Pittsburgh. allowed band members who wanted and mission as they cope with national anthem protests. (Photo courtesy of the N.C. State Flickr page) Since then, however, protesting band to protest police misconduct to wear members have started donning rib- black ribbons or armbands but would not allow students who wanted to the band. show support for law enforcement au- Monek responded by saying thorities to wear blue ribbons or arm- that members of a group as large as a bands. marching band will have a variety of “If [university officials are] will- perspectives, but their “[c]ommitment ing to let people take one political to one another as a team is significant.” E.A. MORRIS viewpoint and modify the way they He said the university was trying to perform or modify their uniform and foster a constructive dialogue among band members. not another viewpoint, then effectively FELLOWSHIP FOR EMERGING LEADERS Monek did not respond to a re- [the officials have] taken a position on quest for comment. that issue,” Shibley said. Hunter Markson, a UNC-Chapel Shibley, a Duke University grad- The E.A. Morris Fellowship is seeking principled, Hill senior who is a member of the uate, played in the Blue Devil march- marching band, said he was upset energetic applicants for the 2017 Fellowship class. ing band. by the Aug. 24 protest, which he said “We were ex- made it look as pected to wear the if the entire band uniform and not were protesting. to make our own Critics say “There were Eligibility modifications to protests by a few only two clarinet • Must be between the ages of 25 and 40, must be a it,” Shibley said. players kneeling “It’s the same with can be seen as down,” said Mark- resident of North Carolina and a U.S. citizen • Must be athletes. They can son, a former re- willing to complete a special project requiring leadership be told this is what a statement by the search intern at the John Locke Foun- and innovative thinking on a local level • Must be willing to the uniform needs entire institution to look like. That’s dation. “Now peo- attend all program events associated with the fellowship • what the word ple think the band ‘uniform’ means.” is liberal activists. Must not be the spouse of a current or past Fellow. Not all of us agree with what they’re Michael Pardue of Nashville, an doing.” N.C. State alumnus and band member, Markson said that band directors in said he’s glad the university is not al- The application period opens Sept. 19, 2016, middle school and high school told him lowing band members to kneel during and the deadline for applications is Dec. 10, 2016. the band should be considered a unit. the playing of the anthem. “But I think “These people were not perform- that by limiting [uniform modifica- ing as a group,” Markson said. “They tions] to one ribbon only, that’s not free were doing something that was impor- speech,” Pardue said. tant to them, but they were doing it as In an email exchange between individuals.” Pardue and Daniel Monek, head of the The university’s next two home www.EAMorrisFellows.org N.C. State Music Department, Pardue football games were scheduled to [email protected] expressed concerns that band mem- take place after this edition went to bers who wore ribbons or arm bands press. N.C. State was scheduled to showed a lack of respect for the anthem play Boston College Oct. 29. UNC- 200 W. Morgan St., Ste 200 Raleigh, NC 27601 1-866-553-4636 and that allowing individual protests Chapel Hill’s next home game was would compromise the uniformity of Nov. 5 against Georgia Tech. CJ PAGE 14 NOVEMBER 2016 | CAROLINA JOURNAL Education NAACP call for charter school moratorium raises concerns

By Kari Travis said Lee Teague, executive director to have the same standard for tradi- tening to African-American families Associate Editor of the North Carolina Association for tional public schools that are failing, who were saying, ‘We need another RALEIGH Public Charter Schools. that have a greater population of our choice to educate our kids,’” Teague controversial Oct. 15 resolution “We have to perform to the same students but that aren’t doing the job said. “The state-run system is not passed by the national board of performance grade system as tradi- of teaching our kids.” enough. And we’ll have to see what the NAACP calling for a nation- tional public schools,” Teague told Recent national polling shows happens with that.” Awide moratorium on public charter Carolina Journal. “Every that 76 percent of Af- Since school choice issues are schools has led some North Carolina charter school has to rican-Americans sup- always a contentious topic in the leg- lawmakers and school-choice advo- have an annual audit, port expanding school islature, it’s difficult to tell whether cates to question whether the NAACP [and] any parent can see choice options. And the NAACP’s actions will affect char- is more beholden to powerful lobbies how the charter school while Brockman agrees ter school legislation, said Rep. Paul supporting traditional public schools is performing.” with the NAACP’s call “Skip” Stam, R-Wake, the House than to the African-American families Charter schools for school accountabil- speaker pro tem who will retire from the organization claims to represent. can be shut down if ity — but largely dis- the General Assembly at the end of the The resolution called on lawmak- they don’t meet those agrees with its resolu- year. ers to block the expansion of public requirements, while tion against charters “Do we have anything to fear [for charter schools until those institutions low-performing tradi- — he pointed to a recent the future of charter schools]? Sure,” are governed under the transparency tional public schools North Carolina poll Stam told CJ. “But it’s manageable. Be- rules that are followed by traditional are exempt from such showing that 85 percent cause what [the NAACP] is asking for public schools, according to a state- tough measures, Teague of African-American here is contrary to the opinions of the ment by national board of directors added. families support school people they claim to represent.” chairwoman Roslyn Block. NAACP That double standard should be choice, and that 56 percent favor char- Marcus Brandon, executive direc- members also demanded that public rejected by lawmakers from all politi- ter schools. The survey was conducted tor of CarolinaCAN, an education ad- funds not go to charter schools, that cal parties, said Rep. Cecil Brockman, by Parents for Educational Freedom in vocacy organization, said that, while charters revise their policies for expel- D-Guilford, an African-American leg- North Carolina, which canvassed 800 he disagrees with the NAACP’s stance ling students, and that steps be taken islator and outspoken charter school black voters across the state. on charter schools, he wants to avoid to address “de facto segregation” with- advocate. “We have parents who, year af- picking fights and instead try to build in charter schools. “We seem to have a standard for a ter year, don’t have a choice because relationships with opposition leaders. “We are moving forward to re- charter school that if it fails and doesn’t they live in a [certain] ZIP code and “It’s unfortunate that the NAACP quire that charter schools receive the do a good job of teaching our kids, we they have to send their kid to a cer- has chosen to blatantly ignore the very same level of oversight, civil-rights want to make sure that school is shut tain school,” Brockman added. “And constituency it is meant to represent,” protections and provide the same level down,” Brockman said. “I say the same so I think the African-American com- said Brandon, a former state legislator of transparency, and we require the thing should be true for our [low-per- munity sees that as unfair. I think that from Guilford County who focused on same of traditional public schools,” forming] traditional public schools. charter schools present a different op- poverty and education reform while Brock said. “Our decision … is driven And we’ve got plenty of those.” tion for their kid.” in the General Assembly. “Instead of by a long-held principle and policy Out of 600 North Carolina public The influence of teachers’ unions releasing statements on the benefits of the NAACP that high-quality, free, schools that received a failing grade in and traditional public school lob- of school choice and charter schools, public education should be afforded to the most recent measure, only 70 are bies are largely responsible for the however, I’d much rather work di- all children.” charter schools, Brockman added. NAACP’s national crusade against rectly with the NAACP to help fix the Despite the resolution’s strong “By and large the majority of our charter schools, Teague said, which many problems and disparities that language, the NAACP’s demands low-performing schools are traditional helps explain the disconnection be- plague African-American students in should have no effect on North Caro- public schools,” Brockman said. “And tween the civil-rights organization and our state’s traditional public schools.” lina, since policies already are in place folks on my side of the aisle would say, the African-American families it pur- NAACP representatives did not making charter schools more account- ‘We have to shut down all of our fail- ports to represent. respond to numerous requests for com- able than traditional public schools, ing charter schools.’ They don’t seem “To me, the NAACP wasn’t lis- ment for this story at press time. CJ Free Choice for Workers: A History of the Right to Work Movement

By George C. Leef ViceDirector President of Research for Research at the at John the W. JohnPope WilliamCenter Popefor HigherCenter forEducation Higher EducationPolicy Policy

“He writes like a buccaneer... recording episodes of bravery, treachery, commitment and vacillation.” Robert Huberty (Call Jameson Books, 1-800-426-1357, to order) Capital Research Center NOVEMBER 2016 | CAROLINA JOURNAL PAGE 15 Education

‘Free speech ball’ used to fete COMMENTARY First Amendment at WCU Injustice tied By Kari Travis some of the archaic speech codes their to ‘social justice’ Associate Editor university imposes.” RALEIGH WCU’s speech rules are not as he term “justice” stands pret- when social justice is focused on Young Americans for Liberty restrictive as those enforced by many ty well on its own. Attempts achieving equal outcomes for all group at Western Carolina Uni- other public universities, according to to add a qualifying adjective groups, then it is no longer a subset versity is protesting on-campus Kevin Koett, the school’s dean of stu- canT prove problematic. A recent of justice. Part of it is justice. Part of A“free speech zones” that its members dents, who told the Smoky Mountain Duke University speech helped it is outside of justice.” say suppress First Amendment rights News there wasn’t much to protest re- highlight injustice associated with Haidt cited a 2014 edict from — but university officials deem the in- garding free-speech violations. a popular qualifier. the U.S. Education Department’s stitution’s policies reasonable for the “I think there are some colleges Jonathan Haidt, professor of Office of Civil Rights. The office protection of its students, faculty, and and universities that have concerns business ethics at New York Uni- had “noticed that punishment staff. and need to be challenged on some of versity, argued on Oct. 6 that Duke rates are very disparate by race,” Current WCU rules require that the policies they have, but I would ab- and other universities ought to Haidt said. Since federal law bans students maintain a 50-foot distance solutely say Western is not one of those choose between two courses. They discrimination based on race, the from all campus buildings during — and I do not say that lightly,” Koett can adopt the traditional university office sent a letter nationwide outdoor as- said, stating goal of pursuing truth. Or they can “warning schools, ‘You better even semblies and that safety and adopt a competing goal: the rates out, or we’re demand that emergency “social” justice. coming after you.’” groups notify preparedness “No university In response, Min- school admin- are good rea- can pursue both,” Haidt neapolis, Minn., schools istrators 48 sons to back argued. “Individuals can came up with a plan hours prior to the univer- in their own lives, but a “that’s going to make it any event so sity’s rules for university needs to have much more difficult to that “safety public assem- a central mission, and it suspend children of color, measures may bly. has to be either truth or and, of course, they’re be provided if necessary.” Koett, who has worked at seven social justice. It can’t be going to try to crack The rules make it tough to find other higher-education institutions, both.” MITCH down on white and Asian enough space for gatherings and pre- said, “Western does more than any Part of the reason kids because they’ve got vent students from gathering sponta- other institution that I’ve worked at to involves the definition KOKAI to get those rates equal,” neously to respond to current events, promote freedom of speech.” of “social justice” itself, Haidt said. said Garrett Smith, the university’s YAL leaders disagree, however, Haidt said. “We know that the YAL chapter president. saying that such university policies are A brief aside: Terms such as black and Latino violation rate As part of a Sept. 17 Constitution excessive and must be repealed. “social justice” and “racial justice” is higher, not just from the cor- Day protest, YAL members rolled a gi- “If a limitation on our First raise red flags for this observer. An responding crime rates outside ant beach ball — which they called a Amendment rights violates the Consti- action can be just. It can be unjust. of school, but just from the fact “free speech ball” — around WCU’s tution, I do not believe it makes sense,” Or it can have nothing to do with that boys raised without marriage campus, encouraging every student Staudt said. “At WCU the school plac- justice. — boys raised with men cycling they met to write on it with Sharpie es limitations on where students may By definition, a “just” act through the home — have many pens. peaceably assemble, a right guaran- must be good for society, hence more behavior problems,” Haidt Many undergraduates did so, teed to us by our founding fathers.” it’s socially just. The same should said. “So we know that the rates with messages ranging from “Smile, While WCU students have seen be true for all races. Advocates are different. And so if the goal you’re not dead yet,” to “Natives need less severe opposition from students of a particular “brand” of justice is to equalize the rates of punish- more of a voice in America,” to “Build and university administrators, other suggest that their preferred quali- ment, is that fair?” that wall Trump 2016,” to “F*** Trump YAL members at schools across the fiers — “social,” “racial” — can The answer is clear to Haidt. 2016.” country have been far less fortunate, transform an act from just to unjust “This is an abomination from the YAL held 418 similar events Staudt told CJ. A recent free-speech or vice versa. point of view of fairness or justice across the country, with the goal of event at Arkansas Tech University saw Haidt’s lecture explores that to do that.” informing students about university a student leader face opposition from theme. “It’s very hard to under- Hence the general concern speech codes and the violation of First administrators who told him the insti- stand exactly what the definition of about “social justice.” “When social Amendment rights on college cam- tution’s policies and free-speech zones ‘social justice’ is, but I think there justice demands equal treatment, it puses. “trump the Constitution.” are two parts to it,” he said. “Social is justice,” Haidt said. “It is right. It “The goal of YAL’s national In another incident earlier this justice activists are very focused on is good.” ‘Fight For Free Speech’ campaign is year, YAL members at Fairmont State disparate treatment of individuals. “And when it demands equal not only to raise awareness about un- University in West Virginia were That is a subtype of justice. That is outcomes without concern for constitutional speech codes on college kicked off campus because they were good.” inputs or differences, it is unjust,” campuses, but [also] to give our lead- “too outgoing for their efforts,” Staudt Treat people differently he added. “And the only way to ers the tools necessary to reform their added, pointing to the incident as just “because they are black or gay or achieve those equal outcomes is policies,” Alexander Staudt, director of another reason the fight for free speech female,” and you have acted un- through injustice.” free speech advocacy for YAL’s nation- will continue to be a high priority for justly, Haidt said. “That is wrong. Haidt confined his comments al office, told Carolina Journal. his organization. That is an outrage. That should to education, but the implica- “Students across the country “YAL’s national campaign is stop.” tions are clear. Those of us outside have been super receptive” to the aimed at reforming unconstitutional The definition of social justice academia would be wise to choose campaign, Staudt added. “The beauty speech codes and abolishing free- could end there. “But there is an- between these two incompatible of First Amendment activism is that speech zones on America’s college other part of social justice,” Haidt goals. CJ this is a nonpartisan issue. The First campuses, [and our] free-speech activ- explained. “It is not mostly about Amendment is something that all col- ism events not only educate students disparate treatment. It is mostly Mitch Kokai is an associate edi- lege students support, [and] young on the issue, but also push for reform,” about disparate outcomes. And tor of Carolina Journal. people are appalled to learn about he said. CJ PAGE 16 NOVEMBER 2016 | CAROLINA JOURNAL Education Opinion Universities churning out next wave of higher-ed bureaucrats oday, there’s an administra- in entry-level posi- administrators in istration Ph.D.s often lack scientific tive position for everything on tions in higher 2014-2015 totaled rigor and have an ideological slant. campus: marketing, diversity, education admin- Issues $137,484 for top- As just one example, in a dissertation disabilityT services, sustainability, istration, such as level administrators, published in 2010 titled “Difficult environmental health, recruiting, dorm manager and in $56,716 for midlevel Dialogues: How White Male Graduate technology, fundraising, and so on. diversity coordi- Higher Education professionals, and Students in Student Affairs Prepa- Every year universities seem to find nator, typically $40,391 for entry- ration Programs Make Meaning of a “need” for new administrators, and pursue a master’s level professionals. Their Whiteness, White Privilege, and each one brings a host of new lower- degree. Such job Multiculturalism,” a N.C. State Ph.D. level staff positions. Universities have The National prospects contrast candidate concluded that “white male responded to this Association of starkly with those graduate students in student affairs increased “de- Student Personnel of graduates of preparation programs could benefit mand” by creating Administrators, which maintains a other, more academic, advanced de- from required coursework in the areas advanced degree database of available degree options, gree programs in the humanities and of diversity and multiculturalism.” programs aimed lists 225 different master’s programs even science, technology, engineer- The upward ratchet of degree at churning out in the United States. Those looking to ing, and mathematics. Many of those requirements may not be surprising, university admin- advance to the top of the administra- graduates are underemployed or given the dramatic expansion of the istrators. tive food chain might seek a doctorate struggling to find work. The message higher education bureaucracy itself. During a in education or doctorate of philoso- seems clear: If you want a job at a uni- What is surprising, however, is that period in which phy in higher education administra- versity, pursue nonacademic positions university leaders and campus stake- many universities STEPHANIE tion. NASPA lists 76 options for these requiring advanced degrees. holders have allowed administrators’ are experiencing programs. But should those jobs require ad- self-interest to go unchecked. budget shortfalls KEAVENEY Nationally, it appears higher vanced degrees? It would be fairly dif- At a time when many universi- and enrollment education administration will remain ficult to measure some of the “skills” ties are looking for ways to increase stagnation, and ad- a growing and lucrative career field these programs claim to impart. For efficiency and tighten budgets, and vanced degree holders in more schol- for the foreseeable future. According example, Western Carolina Univer- many scholars and scientists are arly fields are underemployed and to Florida State University’s higher sity’s master’s program in higher unable to find academic work, ad- working as adjunct professors, the rise education degree website: education student affairs claims that, ministrators are operating in a world of higher education administration de- The U.S. Bureau of Labor Statistics by the end of their studies, students of excess, as evidenced by the rise of gree programs should come as a shock projects a 19 percent increase in education will have developed an “appreciation administrative degree programs. This to university leaders and to taxpayers. administrator employment through 2020. of the worth and dignity of all people trend is yet another consequence of Universities exist to transmit knowl- The growth in this field is primarily due and to value differences.” And gradu- administrative bloat on college cam- edge to new generations and to create to increased enrollment in postsecondary ates of North Carolina State Univer- puses. As long as that problem goes new knowledge through research, not schools. A large number of postsecondary sity’s master’s program in higher unaddressed, we should expect to see to create an army of bureaucrats who education administrators are expected to education administration will demon- more and more universities churning have little or no connection to student retire between [now] and 2020, which will strate a “commitment to social justice out more and more overpaid, overpo- learning. present many opportunities for graduates advocacy in education and society.” liticized, and overcredentialed admin- Several hundred universi- entering the field and mid-level profes- There are reasons beyond degree istrators. CJ ties now offer programs specifically sionals aiming to advance their career. descriptions to doubt the educational tailored to train the next generation According to the Chronicle of Higher quality of these programs, however. Stephanie Keaveney is a policy of orientation directors and student Education Salary Survey, the median For instance, the dissertations pro- associate at the John W. Pope Center for affairs specialists. Students interested annual wage of postsecondary education duced by higher education admin- Higher Education Policy. NOVEMBER 2016 | CAROLINA JOURNAL PAGE 17 Education

COMMENTARY COMMENTARY Grad students left in dark Unconventional growth about job prospects in education n 2003, Thomas Benton — “the as lab technicians or managers or omeschooling is the maver- eran homeschooler, says “different pseudonym of an assistant pro- adjunct professors. ick among North Carolina’s factors for different kids” influ- fessor of English at a Midwest- In the University of North K-12 options. Since its ence homeschooling decisions. The ernI liberal arts college” — wrote Carolina system, for example, it’s Hlaunch three decades ago, home- freedom homeschooling affords a brutally honest article in the difficult to tell how master’s and schooling has bucked convention her family is a huge draw: “There’s Chronicle of Higher Education about Ph.D. graduates in any field stack and stumped prognosticators. Age so much more flexibility to custom- graduate programs in the humani- up to the national scene because and experience haven’t tamed its ize the academic program to the ties. Citing dismal job prospects for most departments do not have a life outside the lines; this unortho- particular child.” Ph.D. holders, the author’s advice formal system to track their alum- dox movement still defies expecta- Flexibility got a boost from to would-be students was simple: ni. NCTower.com, a website that tions. Yet amid unpredictability, a new definition of homeschools Don’t go. reports employment outcomes for one constant has emerged: Home- passed in 2013. No longer required Since that article was pub- UNC system graduates, offers data schooling is enormously popular. to provide primary instruction lished, the academic job market for only for bachelor’s degree recipi- Thirty years ago 809 students in core subjects, parents deter- were homeschooled in North Caro- mine the “scope and sequence” of many master’s and Ph.D. candi- ents. Because of this information lina ― too few to populate the halls instruction but may utilize tutors, dates has worsened. Unfortunately, shortage, future graduate students of a large public high co-ops, or online and while many within aca- must base their deci- school. Now, home is the other classes to augment demia are aware of these sions regarding which hub like never before. their teaching. Mason, grim realities, prospective programs to attend on Numbers released this who worked to get the students often are left in faculty reputations and summer by the N.C. Divi- law passed, says it has the dark about the po- department rankings. sion of Non-Public Edu- “freed up a lot of parents tential perils of attending Furthermore, the cation show an estimated to get outside help when graduate school and the websites of UNC system 118,268 students were they need it.” fact that tenure-track jobs graduate programs do homeschooled in 2015-16 What else may be are by no means guaran- not report statistics on ― an almost 11 percent fueling trends? Home- teed. postgraduate outcomes increase from 2014-15 and schooling offers stability It’s past time for JENNA of their alumni. There an 84 percent uptick over KRISTEN and portability, a boon to university officials and ASHLEY is no way to tell how the past decade. BLAIR military families facing department leaders to en- ROBINSON many have job offers at Growth has brought frequent deployments. courage students to con- graduation, how many greater diversity. Though In Onslow County, sider fully the pros and years graduates spend faith-based identification home to Camp Lejeune, cons of graduate school, in additional training remains strong, homeschooling homeschooling growth has been and provide detailed information programs, or how many graduates now skews more secular than pri- dramatic, rising 16 percent last about the academic job market, eventually find tenure-track posi- vate schooling: 60 percent of home- year and 23 percent the year before. warts and all. tions. Considering that roughly schools and 66 percent of private In the counties surrounding Fort Today, for example, those 50 percent of surveyed graduate schools statewide are religious. Bragg, homeschool populations are with doctoral degrees in the students indicate they intend to go Homeschooling is shooting up in substantial and rising. humanities often are underem- into academia, more information is rural areas with limited private Like many families, the Passa- ployed or unable to find work in necessary to help guide their deci- options and in populous counties ros make homeschooling decisions their fields. In 2014, 45.7 percent sion making. with myriad charter and private “year by year.” Their oldest son, an of all humanities Ph.D. recipients The best data, by far, are schools. Last year homeschool 11th-grader, attends private school; had no definite commitment for offered by North Carolina State enrollments increased 13 percent their two younger children are in Mecklenburg County and 12 homeschooled. Their 10th-grade employment or postdoctoral study University’s Institute for Advanced percent in Durham County. Overall daughter’s rich but unconventional upon graduation. And despite the Analytics. The program reports homeschool numbers rose in 98 of homeschool experience features conventional wisdom pushed by extensive employment outcome 100 N.C. counties; in 67 counties, home-based and tutor-led classes, politicians and administrators, data for its master of science in enrollments increased by 9 percent basketball, and piano practice ― prospects for STEM (science, tech- analytics graduates, including the or more. and a job 10 hours a week as an as- nology, engineering, and math- number of candidates placed at the This is remarkable given the sistant paralegal at a local law firm. ematics) graduates aren’t much time of graduation, average annual parental sacrifice homeschooling Their youngest son, a sixth-grader, better. salaries, and a list of employers requires. Work, financial, and time enjoys an outside science class While the number of STEM making offers. The institute’s data constraints prevent many families but completes most schoolwork at Ph.D. recipients increased 57 could be used as a model for other from considering it. Why do it? home, including an online class in percent from 1995-2014, there was graduate programs in the system. Disappointment with traditional personal finance. little change in faculty appoint- The UNC system’s Board of schooling is a primary catalyst, I hear all this and think about ment rates. As a result, in 2014, 42.1 Governors, and university leaders says Spencer Mason, law and poli- what drives mainstream educa- percent of life science Ph.D.s, 36.2 elsewhere, should work to ensure cy director at North Carolinians for tion today: a well-intentioned but percent of physical science Ph.D.s, that more graduate programs are Home Education: “The big reason narrow conceptualization of col- and 43 percent of engineering providing useful information to that I’ve seen is that parents think lege and career readiness that can Ph.D.s had no definite employment prospective students. Ultimately, they can do a better job.” He sees lead to boredom and burnout. If offers at graduation. And STEM doing so will help students make substantial homeschooling growth independent thinking, intellectual Ph.D.s have as little as a 15 percent better decisions and help universi- in the minority population and curiosity, and relevant life skills chance of obtaining a tenure-track ties use their scare resources on among parents of children with are critical 21st-century competen- faculty position. degrees and programs that match learning disabilities. Longstanding cies, where will we be? Get ready. So after spending five or six the evolving job market. CJ but important factors, adds Mason, Homeschooled mavericks just years in grad school, and often the include inculcating religious values might rule the world. CJ same amount of time in postdoc- Jenna A. Robinson is president and protecting kids from bullying. toral positions, many graduates of the John W. Pope Center for Higher Kristi Passaro, a Durham Kristen Blair is a Chapel Hill- find themselves underemployed Education Policy. County mother of three and vet- based education writer. PAGE 18 NOVEMBER 2016 | CAROLINA JOURNAL Books & the Arts William Henry Hill a rare early 19th-Century N.C. Federalist he first decade of the 1800s President George Washington ap- Even so, Hill toed the Federalist Party vote. included many electoral and pointed Hill as a district attorney in line. The debate over the Judiciary political changes in the na- North Carolina. While in this capacity, Hill’s political Waterloo was his Act’s repeal damaged Hill’s electoral Tscent United States of America. With he was elected to the state Senate and opposition to the desire of President performance in his re-election bid. He its Jeffersonian then later to the U.S. House of Rep- Jefferson and his allies to repeal the lost his seat to a Jeffersonian. Prior to impulses, North resentatives. He served four years in Judiciary Act of 1801 (also known the repeal debate, President Adams Carolina emerged Congress (1798-1802). as the Midnight Judges Act). had appointed Hill to a federal judge- as a leading player Also during the 1790s, Many Democratic-Republicans ship in North Carolina; he was one of in the politics of Hill was interested in start- disliked the newly created the many “midnight judge” appoint- the early repub- ing a public university circuit courts, and the idea ments. To no one’s surprise, writes lic. A forgotten in North Carolina. So he that district judges had historian London, Jefferson later “re- figure, however, is served on the first Board of lifetime appointments. fused to honor the appointment.” Federalist William Trustees and on the board Some wanted to move more Without a congressional seat or Henry Hill. that chose the campus’s cautiously than others, but a judgeship, there are few records of A Brunswick location. His philanthropy in the end, the Democratic- public life after politics for Hill. He County native, TROY included monetary gifts to Republican-controlled Con- practiced law and paid more atten- William Henry KICKLER the University of North Caro- gress repealed the Judiciary Act tion to his plantations: “Hilton” near Hill was a district lina and book donations for the — a law instituted to ensure that Wilmington and “Belmont” in Cha- attorney in North school’s library. Federalists assumed judicial positions tham County. He died in 1808 and Carolina, a state senator, a University Hill was known for being a before John Adams left office and was buried at Hilton. of North Carolina trustee, and a U.S. champion of the Federalist Party and Thomas Jefferson undertook the presi- For more on this atypical Tar congressman. Unlike many of his supporter of the administrations of dential duties. The Federalists, like Heel politician on the national po- North Carolina contemporaries in George Washington and John Adams. Hill, argued the Jeffersonian repeal es- litical scene during the early 1800s, Congress, Hill was a staunch Federal- Especially after the 1800 presidential sentially destroyed the independence please see Lawrence London, “Wil- ist who, according to historian Law- election, many Tar Heel politicians es- of the courts and politicized them. liam Henry Hill,” in Dictionary of rence London, “believed in a strong poused Democratic-Republican (also During the repeal debate, the North Carolina Biography, Vol. 3 (Wil- central government.” known as Jeffersonian) views and sup- North Carolina legislature had urged liam Powell, ed.), and Gordon Wood, Although he was born in Bruns- ported policies that placed constraints all North Carolina congressmen to Empire of Liberty: A History of the Early wick County, William Henry Hill was on the national government. During repeal the Judiciary Act of 1801. Hill Republic, 1789-1815. CJ educated primarily in Boston. He also Hill’s last term, for instance, fellow did not want to do so, and he argued studied law in the port town. North Carolinian Nathaniel Macon, a in a lengthy congressional speech that Dr. Troy Kickler is co-editor of the After North Carolina’s 1789 member of the Democratic-Republican the state legislature had no authority forthcoming North Carolina Founders: ratification of the U.S. Constitution, Party, was speaker of the U.S. House. to tell a member of Congress how to A Reexamination. BOOKS BY JOHN LOCKE FOUNDATION AUTHORS

If you don’t know about Edenton, North Carolina, your knowledge of U.S. history is incomplete and your knowl- edge of North Carolina insufficient. Organized women’s political activity in America was born in Edenton. The concept of judicial review—that courts can declare leg- islative acts unconstitutional—was championed here. Ideas for a national navy and defense were imple- mented here. Many passages of the N.C. Constitu- tion (1776) and the U.S. Constitution originated here. Leading proponents of the U.S. Constitution (a.k.a. Federalists) lived in this small place, and so did nationally known jurists and politicians. Dr. Troy Kickler, founding director of the North Carolina History Project, brings Edenton, its people, and its actions into proper and full focus in his book, The King’s Trouble Makers. Go to northcarolinahistory.org for more information. NOVEMBER 2016 | CAROLINA JOURNAL PAGE 19 Interview Bandow: Election result will be transformational for high court

CJ Staff RALEIGH “[Y]ou have an opportunity then to lections have consequences, and the 2016 election is bound to shift the court pretty dramatically. have a substantial impact on the Right now, it’s kind of a 5-4 sort futureE composition of federal courts. Doug Bandow, senior fellow at the Cato of thing. Kennedy shifts back and Institute, shared his thoughts about the judicial impact of the 2016 election forth. Well, if you shift that by a cou- during an interview with Mitch Kokai for Carolina Journal Radio. (Head to ple of votes, suddenly, you have a http://www.carolinajournal.com/ra- solid majority one way or the other. dio/ to find recent CJ Radio episodes.) It’s a big change in the court.” Kokai: Obviously, for many rea- sons, the 2016 election is going to be Doug Bandow very important. You’ve been focusing Senior Fellow on sort of the legal and judicial impacts The Cato Institute that could come about because of 2016. What have you been focusing on par- ticularly?

Bandow: Well, this is a major election for the Supreme Court. There’s not only the [Antonin] Scalia vacancy, dential race, the ones who will make ward? area, and tell us how they would rule because the Republicans refuse to this appointment, Hillary Clinton and differently? confirm President Obama’s nominee, Donald Trump, do we have much of Bandow: There are a couple of Merrick Garland. So that one remains a sense of what types of justices they things. It’s not just the Supreme Court. Bandow: For example, the issue vacant. But also we have three justices would appoint? There’s also the appellate courts. The of, say, religious liberty — I mean, to who are 78 or older, and 78 has been Supreme Court hears about 80 cases what extent do you believe that people the average retirement age. Bandow: We don’t know for cer- a year. There are 13 districts, or 13 cir- have a right to practice their religion. So we’re looking at the potential tain, obviously. I mean, Hillary Clinton cuits, that is of appellate [courts]. They … For example, the gay marriage of Justice [Ruth Bader] Ginsburg, or has supported Merrick Garland, the have about 7,000 cases total a year. issue has come up. You know, I think Justice [Stephen] Breyer, and Justice nominee of President Obama. In fact, And in most instances, those the famous case, it’s the baker who [Anthony] Kennedy, all are at the age he worked in the Clinton Justice De- opinions are final in reality. Now, you says, “I don’t want to bake a cake for a where one could imagine them retir- partment. She might resubmit him, I know, each circuit is technically final same-sex marriage because I don’t be- ing. You could see the next president suppose, if she was elected president. only for that particular circuit, but lieve in the ceremony.” And what’s im- have four Supreme Court nomina- There’s no reason to think that these are large chunks of America. portant here, this is not an issue of dis- tions. Well, that’s almost half the court. she’s uncomfortable with the kind So if what you find is, at the top, crimination against somebody because That would be extraordinary. of justices that both her husband and these 80 cases, a lot of those are fairly they’re gay. It’s simply saying, “I don’t Barack Obama nominated. My guess is administrative or legal kinds of techni- want to participate in something.” Kokai: And some people listen- that she would be fairly liberal in the cal stuff — sometimes unanimous. But To me, that’s a fairly easy de- cision, in terms of religious liberty. ing, who don’t follow the court very people that she chose. you’re almost certainly going to get Whatever you think about same- closely, might say, “Well, so what. Big Now, the people chosen by Presi- four, five, six big ones. I mean, it will be sex marriage, the point is somebody deal.” What happens when you have dent Obama — Elena Kagan, Sonia So- abortion. It will be health care. It will shouldn’t be dragooned into having to so many new faces on the court? tomayor — both are on the left of the be religious liberty. It will be that sort support that. court. They’ve moved the court in a of a thing. But that’s one where you’re very Bandow: It will be transforma- more left-wing direction. I would as- Those could be transformational likely to find, on the right and the left, tional in terms of the philosophy of the sume that Hillary Clinton would do in those areas of the law. And once different opinions. What you find is court. You know, the reality is, while the same. the Supreme Court has set that ruling, people on the left tend to be more fo- the court talks about the Constitution, You know, Donald Trump, it’s then it trickles down to the circuits. cused on what they perceive as dis- and, in theory, these justices are not a little harder to know. Now Trump Right now, nine out of the 13 circuits crimination. They don’t like it, and guided by political views, the other re- has actually given a list of 11 potential are dominated by Democratic nomi- they may not even grant that to some- ality is we have folks there who range nominees. Now these are people who nees. At the end of another four years body because of religious reasons. from left to right, in terms of how they are very well-respected on the right. If, of a Democratic president, almost cer- People on the right are much view the Constitution, the kind of rul- in fact, he followed through on that list, tainly, all of those would be dominated more likely to be focused on the im- ings they would engage in. we’d be talking about the kind of ap- by Democratic nominees. portance of religious liberty, the impor- And if you include Scalia, we’re pointments you would have expected Now, if you have a Republican, tance of kind of strengthening the First talking about there’s a major conser- out of a Bush or a Reagan, that could you’d see a reversal of that. And some Amendment. That’s the kind of deci- vative, Scalia, someone who’s kind of move … the court to the right. number of those would shift back, and sion one could see decided differently. center-right, Kennedy, and two folks We just don’t know if he’d follow it would be much more balanced cir- Health care under Obama, it’s on the left, Ginsburg and Breyer. through. I think there are reasons to cuits. I think that gives the sense, it’s been decided, but there could be other I mean, you have an opportu- believe he would, but, look, we don’t not just the Supreme Court — where cases that come up. You know, is there nity then to shift the court pretty dra- know what Donald Trump would do. those big cases get decided — it’s the a constitutional justification for this matically. Right now, it’s kind of a 5-4 This is a unique candidate, a unique next level down, where there are so legislation? Conservatives generally sort of thing. Kennedy shifts back and candidacy, a unique moment. Boy, many that almost all decisions that said no. Liberals said yes. The Supreme forth. Well, if you shift that by a couple making predictions there is pretty go there are final. It matters who’s on Court, by a 5-4 margin — with the chief of votes, suddenly, you have a solid hard. those courts, as well. justice and the Republican nominee majority one way or the other. It’s a big kind of shifting — said, “Yes.” change in the court. Kokai: Once we see new faces on Kokai: And if you have different Again, these are decisions, if the court, what types of impact could philosophies approaching these cases, these decisions came up with a very Kokai: The two candidates who they have on the way our government how does that lead to different types of different membership, it could go the are battling it out to win the presi- and our judicial process move for- rulings? Maybe pick a favorite subject different way. CJ PAGE 20 NOVEMBER 2016 | CAROLINA JOURNAL Opinion

COMMENTARY Missing the real N.C. unemployment story

he title of a recent Raleigh the beginning of 2013, just as Gov. News & Observer article — Pat McCrory took office and before “Economy in North Carolina major tax and regulatory reforms Tis a Mixed Bag” — gives away the were enacted later that year, to the story’s conclusion. Of course, this middle of 2016 (the most recent an- conclusion is a rather trivial one nualized data that can be used for that probably could be reached a direct federal/state comparison), for every state in the union at any we find the North Carolina rate has period in history. shown much greater improvement The N&O points out that the than has the national rate. state’s economy has been growing At the beginning of this time faster than the nation as a whole. period, specifically the 12-month North Carolina also has period from the third an unemployment rate be- quarter of 2012 to the EDITORIAL low the national average. third quarter of 2013, the But the article also notes, national rate was 14.3 correctly, that growth in percent, while North Amendment needed the state has been un- Carolina’s rate was 15.6 even, emphasizing the percent. Between this well-known rural/urban 2012-13 timeframe and the to put brake on spending divide, with many rural same period in 2015-16, counties not doing as well the U6 rate declined both orth Carolina’s Office of State patterns of the past. as more urban counties ROY nationally and in North Controller reported a General A constitutional amendment (although the N&O did CORDATO Carolina. But the decline Fund surplus of nearly $1 limiting spending growth would help point out that the unem- for North Carolina sig- billionN in its final report on the 2015- to protect North Carolina taxpayers. ployment rate has fallen nificantly outpaced the de- 16 fiscal year. As we’ve noted earlier, The John Locke Foundation’s recently published Agenda outlines how one in all 100 counties). cline at the national level. this surplus is a direct consequence of should be crafted. (Read the entire One data point used to em- As of the end of the second growth-oriented tax reform and sim- plification, prudent fiscal management document at http://bit.ly/2f4K1Br.) phasize the fact that everything quarter of 2016, the national rate by state officials, and a voluntary The highlights: isn’t completely rosy is the com- had fallen to 9.9 percent, or 4.4 per- commitment by leaders in the General • The amendment should limit bined rate of unemployment and centage points. But North Carolina’s Assembly and the Executive Mansion annual state spending growth to no underemployment, or what the rate had fallen to 10.2 percent, or 5.4 to keep spending growth below the more than the projected rates of infla- federal Bureau of Labor Statistics percentage points. Put in percentage combined rates of inflation and popu- tion and population growth. It should calls the U6 rate. Officially, there terms, North Carolina experienced lation growth. allow spending growth to exceed the are six different ways of measuring a 34.6 percent decline in its U6 rate But there’s no guarantee this pat- cap only if approved by public refer- unemployment. After pointing out while the nation as a whole saw a tern will continue. North Carolina has endum. Such a spending cap would better align the long-term interests of that North Carolina’s unemploy- 30.76 percent decline. a balanced budget amendment, after taxpayers to the short-term interests of all, but that budget can be balanced by ment rate (officially called the U3 Before the growth-enhancing politicians. restraining government growth or by rate) is better than the national av- tax and regulatory reforms of the • The amendment should man- creating a tax-and-spend state. erage, the N&O states that “A more past three years, the gap between date that any revenues collected above For several decades, North expansive measure of unemploy- the national and North Carolina U6 the annual spending cap be deposited Carolina moved away from fiscal ment, which counts all adults who rate was 1.3 percentage points. By into a rainy-day fund or returned to responsibility and created a politi- aren’t working or who are under- July 1 of this year — and after most taxpayers. cal culture in which increasing taxes, • The amendment should be employed, shows North Carolina of these reforms had been fully with the intention to spend more, at 11 percent. The national average implemented — this gap fell to a written to avoid the ratchet-down was an acceptable policy. Polls reveal effect. In periods of revenue shortfall, is 10 percent.” mere 0.3 percentage points. that a majority of North Carolinians spending should be held constant While the N&O article is un- Clearly, the N&O was using support a cap on state spending. To until revenues recover and again clear about the time frame the au- the U6 unemployment rate to show date, however, lawmakers have been exceed that limit. The rainy-day fund thors are referring to, a cursory look what it believed was part of the unwilling to ask North Carolinians to or budget stabilization fund would at the data leads me to believe that downside of what some have called approve an amendment to the North be used to offset at least part of the it is referring to the U6 rate for 2015, North Carolina’s economic come- Carolina Constitution that would revenue shortfall. when North Carolina’s average back, i.e., that it has really been a limit the growth of state government • The amendment should estab- rate for the year was 11.3 percent. I “mixed bag.” indefinitely. lish other constitutional constraints That needs to change. Over the am going to update this data and, But, in fact, when looked at on fiscal policy, such as a requirement past four years, spending growth has that any state tax hikes receive su- instead of making a comparison over time and in the proper context, been close to the level of inflation and permajority approval from the state between North Carolina and the this particular statistic is another population growth, but through much legislature. nation at a point in time, take a look clear example of the state’s recent of the 2000s, spending growth far With these safeguards in place, at what has happened with this policy success story. CJ outpaced those rates. legislators will have enough money to comparison over time. A variety of pressures, including fund the core functions of state gov- If we look at a North Carolina- Dr. Roy Cordato is vice president changes in the ideological disposition ernment adequately and the flexibility versus-the-nation comparison of for research and resident scholar at the of the General Assembly or the gover- to adapt to economic downturns. The the U6 unemployment rate from John Locke Foundation. nor’s office, could lead future legisla- 2017 session of the General Assembly tures to return to the tax-and-spend needs to get on board. CJ NOVEMBER 2016 | CAROLINA JOURNAL PAGE 21 Opinion

EDITORIALS COMMENTARY No rioter’s veto Innovation Lesson from Charlotte: security first is a net plus orth Carolinians learned a The critical factor was that on lot during the recent riots Sept. 23, city officials accepted Gov. n 1553, an Anglican clergyman tive Republicans complain about in Charlotte — about law Pat McCrory’s offer of a state of named William Lee had an idea. expanding trade and increasing enforcement,N race relations, cynical emergency and the deployment of Watching his family members automation, both of which allow politics, and the need for wise leader- state troopers and the National Guard. workI constantly with their knitting more production and exchange of ship during crisis. But the cost of our Overwhelming force deterred addi- needles, Lee wondered if it might goods and services at a lower cost. education was too high. tional crimes against police, property, be possible to automate the process Their complaint? That North Caro- The riots that broke out after a and innocent civilians. of knitting wool into cloth. “My du- linians no longer will have anything Charlotte station WBTV re- police officer shot and killed Keith ties to church and family I began to productive to do. ported that Mayor Jennifer Roberts Lamont Scott on Sept. 20 caused ex- neglect,” Lee later related. “The idea Elizabeth was wrong then. initially refused McCrory’s offer be- tensive damage in Charlotte, physical of my machine and the creating of it cause she worried it would look bad. and her modern successors are and otherwise. ate into my heart and brain.” wrong now. Advanced technolo- North Carolinians still don’t Publicly, she stated that even after the Six years later, his idea gies such as robotics that displace know for certain exactly what trans- initial rioting, she still believed the finally had taken shape. Lee took the need for human labor in some pired at the scene of Scott’s death. protests would be peaceful. This was a his “stocking frame” knitting ma- jobs both will create new industries Kerr Putney, chief of the Charlotte- disastrous error in judgment. It wasn’t the only one. A group chine to London to show to Queen (to produce and service Mecklenburg Police Department, Elizabeth. He sought says the evidence indicates Scott was of clergy led by NAACP state presi- the machines) and, by dent William Barber irresponsibly to secure a patent and armed, resisting arrest, and perceived reducing prices, put more blamed police for “provoking” the begin production of the to be an imminent threat by the of- money in people’s hands riots. device, which he hoped ficers on the scene. to buy other goods and When it comes to freedom of not only would reduce the A few days after the shooting, services — some of which speech, there is a key distinction drudgery of home-based are unimaginable today. Scott’s wife released her own cell- between expressing an opinion and wool production but also It’s unlikely 30 years phone video. The next day, Putney shouting down someone else’s opin- would make himself a ago that you thought released the police department’s ion. The latter is called the “heck- videos. Because none of the footage tidy sum. it would be possible to ler’s veto.” In Charlotte, some angry It was not to be, at showed the entire incident clearly, people seemed to believe they enjoyed purchase, at a reason- these conclusions were speculative least not at first. Queen able price, a pocket-size a “rioter’s veto.” They thought they Elizabeth refused to grant JOHN and subjective. device that could place could interrupt the normal investiga- him a patent. “Consider HOOD What’s more certain is that the tive process and insist that unless the a telephone call, manage thou what the invention riots of Sept. 20-21 were not caused by city released its videos immediately, your retirement portfolio, could do to my poor sub- the city’s refusal to release its videos the unrest would continue. “No tapes, display up-to-the-minute jects,” she said. “It would assuredly immediately. Why? Because the two no peace!” they shouted. news, play movies, and summon re- bring to them ruin by depriving nights before the footage was released Absolutely unacceptable. Peace liable information on topics ranging them of employment, thus making on Sept. 24, Charlotte experienced and security come first. That is what from particle physics to Ethiopian them beggars.” largely peaceful protests, not riots. civilization requires. CJ history. Of course, we now know the The smart phone represents queen was dead wrong about how automation would affect average a great deal of change — including people. While mechanizing the knit- a great many “lost jobs” (think of N.C.’s dramatic gains how all those services were previ- ting of woolens, and later the spin- ning of threads and the weaving of ously delivered). But it has created Tax climate jumps from 41st to 11th cloth, eliminated some opportuni- a tremendous amount of real value ties for piece work, it vastly expand- and real jobs for real people. You orth Carolina almost made an- in modern American history. Instead can’t get one without the other. other Top 10 list this year. The ed the opportunities to work in new of a steeply graduated income tax, Obstructing the free flow of Tax Foundation, a nonpartisan industries at much higher pay. It North Carolina adopted a flat tax, ideas, capital, labor, and products instituteN based in Washington, D.C., now set at just under 5.5 percent also vastly expanded the availabil- across our country and around publishes a report called the State starting in 2017. ity and reduced the price of clothing Business Tax Climate Index. It ranks all — with disproportionate benefits our world — that is, obstructing Economists have championed free enterprise itself — is foolish, 50 states and the District of Columbia the flat tax for decades not just be- for the very low-income subjects on the level and design of their taxes Elizabeth professed to protect. counterproductive, and doomed cause of the single marginal rate but to fail. Politicians who promise to on property, income, payrolls, and also because of the corresponding re- This is an old, old story. Established interests often oppose make your life better by suppress- sales. ductions in inefficient tax breaks and For much of the index’s history, innovations that would confer net ing competition and innovation are distortions. McCrory and lawmakers North Carolina ranked poorly. Not benefits on society. Some elites misleading you. did something similar for the state’s anymore. In 2011, the newly elected do it because they know the new North Carolina’s manifest eco- corporate tax, cutting the rate from Republican majority in the General technologies, products, firms, and nomic and social challenges can be 6.9 percent in 2012 to a scheduled 3 Assembly refused then-Gov. Beverly industries will weaken their own met only by making North Carolin- percent next year. Perdue’s call to extend a “temporary” power. Others do it because they are ians more productive, through inno- According to the Tax Founda- sales-tax hike she and Democratic capable of conceiving the obvious vation and investment. Continuing tion’s just-updated State Business Tax lawmakers enacted in 2009. After costs — piecework weavers no lon- to reform our tax code, regulatory Climate Index, North Carolina ranked Perdue vetoed the state budget over ger able to compete with automated process, education system, and 41st in the nation just before the im- the dispute, GOP lawmakers overrode factories — and not the potential infrastructure programs will help. plementation of the 2013 tax reform. her. North Carolina’s sales tax burden benefits. Emulating economic illiteracy will We now rank 11th. That’s the largest dropped by about $1 billion a year. The story has become very not. CJ Then, in 2013, newly elected improvement in tax policy since the relevant in today’s politics. Here index was created. Republican Gov. Pat McCrory and in North Carolina, I’ve heard both John Hood is chairman of the Let’s protect those gains — and the General Assembly enacted one of liberal Democrats and conserva- John Locke Foundation. the most significant state tax reforms improve on them next year. CJ PAGE 22 NOVEMBER 2016 | CAROLINA JOURNAL Opinion MEDIA MANGLE Connecting the wrong dots ome reporters make mistakes that aren’t very innocent. Others distort the informa- tion they’ve gathered to push agendas. But rarelyS do those who engage in such malpractice suffer any public embarrassment — and it’s rarer still that their employers face any monetary set- back for publishing those errors. But that actually happened in October, when a jury awarded former State Bureau of Investigation forensic analyst Beth Desmond $1.5 million in compensatory damages and $7.5 million in punitive dam- ages in a libel lawsuit against the Raleigh News & Observer and reporter Mandy Locke. Desmond said the newspa- per defamed her in a 2010 investigative series about the State Crime Lab’s handling of evidence in a Pitt County RICK murder case. HENDERSON As Carolina Journal re- ported, the judge’s handling Not enough men at work of the lawsuit is unusual, as o we have a “man problem” in today’s expanding job fields usually require college train- he did not let jurors review much of the evidence economy? Some analysts think we do, and ing, and some men simply are not candidates for the paper wanted to present that jurors typically would see in a libel case. It’s quite possible that they cite one statistic to prove it. After World higher education. the case will be heard again after an appeal. WarD II in the late 1940s, 6 percent of prime working- Interestingly, while the change in jobs from But no matter what you think about the le- age men (those between the ages of 25 and 54) were “brawn power” fields to “brain power” occupations gal merits of Desmond’s lawsuit, the N&O could not employed and were not looking for work. Today has hurt the work prospects of some men, analysts have avoided the conflict entirely if Locke or her that rate is 14 percent. In numbers, 1 million prime- think it has expanded the job opportunities for superiors had used better professional judgment working-age men in the late 1940s were out of the women. This is not to imply women cannot do jobs in their reporting of the murder investigation — labor force; today the number is 7 million. requiring strength and stamina — many women can or if the newspaper had admitted that the 2010 The trend has been exactly the opposite for and do willingly perform these jobs with outstand- series included errors after it was published. women. Prime working-age females with jobs in the ing results. But the expansion of jobs requiring more In the series, Locke reported that several paid labor market steadily rose from the end cognitive talents has certainly opened independent forensics experts doubted whether of World War II to 2000, before modestly up employment opportunities to more Desmond understood how to analyze evidence declining since then. Still, the proportion of women. taken at the scene of a shooting. And, as the N&O reported in an Oct. 19 story about the jury awards, 25-to-54-year-old females working today is Some economists also argue the Locke said “some [of the experts] suspected [Des- twice as high as it was 70 years ago. recent expansion of Social Security dis- mond] fabricated evidence to help Pitt County A big reason for these changes has ability rules allowing more individuals prosecutors win a murder conviction.” been a shift in the economics of work. with nonphysical impairments to qualify There’s one problem: None of the experts Prior to World War II, much of paid work for benefits has provided an alterna- Locke interviewed made those connections to was hard physical labor — on the farm, at tive for working-age men who can’t find Desmond. Locke posed the questions to the ex- the construction site, or in the factory — jobs. Others point to the large increase in perts as hypothetical situations, and then for her and this is where the majority of men put MICHAEL incarceration rates over recent decades as stories attached their responses to Desmond’s in their hours. You didn’t need a college WALDEN reducing the supply of men active in the work on this case. or maybe even a high school degree to do labor force. Additionally, some men may After the series ran, several of Locke’s these jobs. My late father never finished choose not to work for pay and instead sources contacted the newspaper, saying they high school, and my uncle — who’s still active at al- take care of household chores if their spouse or part- were misquoted or taken out of context. Four most age 90 — didn’t even attend high school. Both ner has a good-paying job. of them testified they were disturbed that their generic comments had been used to disparage worked with their hands and backs, first in farming However, researchers who have accounted for the professionalism of an SBI agent. and then in construction. these other explanations carefully say they cannot The newspaper never published a correc- Modern technology and machinery have fully account for the rise in nonworking men. So tion or an apology. And a jury held it and Locke reduced the need for physical labor. Employment in there does seem to be an issue. And the worry is, accountable. agriculture has been dropping for almost a century, it may get worse. Technology rapidly is becoming We don’t know how Locke’s flawed re- and less than 2 percent of all jobs today are on the capable of performing more and more work tasks. porting got past her editors. Perhaps she never farm. Manufacturing jobs peaked in the 1970s and The fear is we will see the ranks of jobless men swell admitted to them that she connected general are down one-third since then. Construction jobs in coming decades. statements to specific situations in a false or never recovered from their peak during the housing Besides providing an income, psychologists misleading way. boom of the early 2000s. say work is important for giving purpose and pride But once newspaper editors were aware of So where have the new jobs been created? to individuals. If so, then the growing numbers of the errors in her reporting and their stories, they Many have been in fields that require “brain power” working-age men with no job is a much broader did nothing to acknowledge the mistakes. If you wonder why the public’s trust in the rather than “brawn power,” in areas like science, problem than we may think. Could the “man prob- media is reaching all-time lows, self-inflicted finance, management, information, and health care. lem” in employment be the big issue in the econo- wounds like this can explain a lot. CJ This job shift has hurt some men in two ways. my of future decades? CJ First, those men whose competencies and interests Rick Henderson is editor-in-chief of Carolina are in growing, building, or assembling things — Michael Walden is a Reynolds Distinguished Journal. like my late father and my uncle — have found their Professor at N.C. State University. He does not speak for job opportunities significantly reduced. Second, the the university. NOVEMBER 2016 | CAROLINA JOURNAL PAGE 23 Opinion Obama and our racial divide

here is no doubt Barack Obama is a singular racial type. He black woman, and it is not surpris- being “rooted in the past.” An Afri- Obama’s election to the presi- either is the brainy black kid who ing that as a family unit, he, Michelle, can-American machine pol, Rush was dency in 2008 was a watershed succeeded in the face of the country’s and their daughters should think of endorsed by party leaders, including Tin America’s racial history. A Gallup systemic racism or the dark-skinned, themselves as African-American. But sitting President Bill Clinton. Obama poll at the time found one-third of all strangely named son of a foreigner, Obama’s personal racial transforma- was trounced and came to the realiza- Americans believed it constituted the brought up to be reflexively contemp- tion seems also to have had political tion he needed to be a “conventional” most important advance for blacks in tuous of American values. Although motives. black man to win in Democratic a century. Today, that optimism makes Obama hardly knew him, we can Although his story is right politics, not “the professor,” as he the developments quickly identify the president’s father out of central casting — a feel-good was derisively called by Rush, or, as of the past eight as African — this is where the stereo- movie about togetherness and racial Joe Biden rather mockingly described years all the more types come from. Obama’s mother harmony in our globalized world — him in 2008, “articulate and bright disappointing. and her parents, however, were his today’s politics don’t work the same and clean and a nice-looking guy.” A Gal- resident family, Kansan Methodists way. Much of the Left imposes racial The Clintons tried to condemn Obama lup survey this bringing him up from toddlerhood conformity — especially on those as not black enough during the 2008 April revealed 35 through college in Indonesia and it considers its own. You need solid South Carolina presidential primary, percent of respon- Hawaii. Yet many of his countrymen attachment to a demographic group, but as a senator he’d learned how to dents worry “a don’t readily know Obama is half- and not consider yourself different, play the game by then. Obama’s victory in 2008 thrilled great deal” about white. an individual or, perhaps even worse, millions of African-Americans. I race relations, a Like any American, Obama is part of America’s old-fashioned melt- ANDY understand and respect that. He figure that has TAYLOR free to present himself as he pleases. ing pot. To lead that group there are positioned himself as the crowning doubled since But I cannot help wondering that expectations about what you should achievement of the civil-rights move- 2008. A Rasmussen he would have helped the country’s think, the language you should use, ment’s lengthy struggle. It’s also true poll this summer reported 60 percent race relations if he had embraced his and how you should characterize that many prejudicial whites would believe racial matters have worsened biracial heritage, something he says others. It’s hardly the stuff of national have considered him 100 percent black on Obama’s watch. he did growing up in Hawaii. Instead, unity. regardless. Of course, a president can do as Harvard Law school colleagues Obama’s decision to de-empha- But the president could have only so much. The events of Fergu- jokingly put it in the early 1990s, he size his biracial background largely tempered expectations about race son, Charleston, Dallas, Baton Rouge, went to Chicago and as a community was thrust upon him — rather than relations in this country to more Charlotte, etc., had complex and var- organizer “discovered he was black.” being purely voluntary — by his realistic levels. I think he would be ied causes. But Obama isn’t just any He clearly relates to, as his best-selling desire for a rapid ascent through the better positioned to tackle our current president. As the nation’s first African- autobiography reveals, the dreams of Democratic Party. problems had he introduced himself American in the office, we thought his absent parent. Whereas in the past In this regard, the effort to to the country as biracial, the product he’d be a constant reminder to whites society cruelly forced many biracial unseat Bobby Rush and win the 2000 of a truly diverse nation. CJ that their preconceptions were inac- Americans to try to pass themselves Democratic primary in Illinois’ 1st curate, to blacks that their grievances off as white, Obama went black. Congressional District was particu- Andy Taylor is professor of political were exaggerated. Why did he do this? Love is larly important. With the support of science at the School of International and Perhaps that was the problem. surely a major, very human, and whites in his Hyde Park neighbor- Public Affairs at N.C. State University. To some on the Left and the Right, admirable reason. Obama married a hood, Obama accused his opponent of He does not speak for the university. Defense of freedom continues in 2017

egardless of the election results, individuals have more resources to fund its pension system and endanger ing requirements, burdensome rules, on Nov. 9 all of us at the John grow the private sector. its fiscal health. Action is needed now. and application costs. These licensing Locke Foundation will come Demanding that government be JLF recommends moving from the mandates discourage entrepreneur- toR work with the same goal we’ve limited to its core functions has led current defined-benefit pension plan ship. JLF has led the efforts to repeal had since the doors opened in 1990: to the elimination and consolidation to a defined-contribution plan. Over and reform occupational licensing restraining government to its core, of programs and services. Every day time, state employees could gain more requirements. We must ensure that the constitutional we review, analyze, and recommend control over their retirement invest- health and safety of the public protect- functions and en- changes to make state government ments, reducing risk for the taxpayers. ed while assuring anyone interested acting policies that fulfill its core functions and then get • Freedom to work; no permis- in pursuing job opportunities has the expand freedom out of the way. sion slip needed. Every rule has a freedom to do so. We will propose and opportunity Transformational tax relief began cost to comply. Sometimes it’s mon- changes that free jobs and professions for North Carolin- in 2011 by reducing the sales tax rate, etary, sometimes it’s a restriction from onerous licensing requirements, ians. lowering and flattening the personal limiting your actions, but often it’s a ensuring everyone can pursue op- Here are two income tax rate, and cutting the cor- loss of freedom. North Carolina has portunities without needing a govern- priorities for the porate tax rate by more than half. This 21,000 administrative rules, enacted ment permission slip. coming year: has allowed N.C. taxpayers to keep by unelected bureaucrats. Thanks to Entrepreneurs also have been • Keep gov- more of their money to spend as they a rules review process advocated by ernment growth BECKI choose. We’re working to reduce or re- JLF, 8,000 of them have been reviewed constrained by a massive, compli- under wraps. For GRAY peal the capital gains tax to spur more with 870 of them eliminated complete- cated, and outdated criminal code. years, JLF has investment, make additional cuts in ly. That’s a start. We’ll put together We will push for a task force to review advocated keeping the corporate tax, and — to help all a comprehensive analysis of rules thoroughly the state’s criminal code the increase in the state budget at or families — increase the per-child tax and their impact on businesses so we to eliminate penalties that punish en- below the combined growth rate of in- credit. can target with precision those rules trepreneurs who violate obscure laws flation and population. During the last North Carolina’s state employee that need to be amended, updated, without knowing they’ve engaged in three budget cycles, legislative leaders and teacher retirement fund is valued or repealed to remove obstacles to illegal activity. and the governor have accomplished at $90 billion, and 900,000 employees freedom. Our review will be updated These are only two of our this. A constitutional amendment count on it. By some measures, the annually to ensure new rules enhance freedom-enhancing priorities for 2017. mandating such restraint would keep fund faces a $34.5 billion long-term freedom. Stay tuned for more. CJ the growth of government under con- shortfall. Projections of future growth North Carolina has 57 licensing trol no matter who’s in charge. When rates in the fund have been overly boards that restrict participation in Becki Gray is vice president for out- it takes less to fund the government, optimistic, leading the state to under- occupations, imposing onerous train- reach at the John Locke Foundation. PAGE 24 NOVEMBER 2016 | CAROLINA JOURNAL Parting Shot Lawmakers consider licensing of creepy clowns in N.C. (a CJ parody)

By Emmett Kelly makers should not wait until the Gen- Entertainment Correspondent eral Assembly convenes Jan. 11 to pass RALEIGH a bill, and they are urging Gov. Pat Mc- esponding to the nationwide Crory to call a special session in No- rise of creepy clown sightings, vember. state lawmakers soon will con- North Carolina Clown Associa- siderR licensing clowns. tion spokesman Paul Yatchee said his The proposed law would require organization opposes government oc- county sheriffs to accept applications, cupational licensing of professional or perform background checks, and issue amateur clowns, including any man- clown licenses. Under the program, date for clown schools to be accredited which would go into effect March 31, by a state agency. licensees would be issued a certified “Everybody knows where the lo- clown badge that must be visible any- cal clown college is,” he told CJ, while time they’re in clown garb. consuming a strand of several dozen Clowns in costume or makeup knotted handkerchiefs. “You don’t not displaying badges and engaging in Carolina Journal found two creepy clowns on the edge of some woods near a Raleigh need the government to point that creepy or threatening behavior could elementary school, and they agreed to demonstrate the proposed clown-licensing out.” be arrested at the discretion of local law. The clown on the left would be breaking the law, under the proposed legislation, He also criticized the clown law enforcement officers. but the clown on the right, with a clearly visible clown license, would be completely badge proposal. “Badges? We ain’t got The first reported sightings of legal. (CJ spoof photo). no badges. We don’t need no badges. clowns attempting to scare motorists drafted during the Oct. 4 meeting of cretion of my committee,” he said. We don’t have to show you any stink- or pedestrians took place in late Au- the Joint Legislative Administrative Hartsell, 69, the longest-serving gust in Greenville and Spartanburg, ing badges.” Procedure Oversight committee, the current member of the North Carolina Hartsell said the legislation calls S.C. In early September, clown sight- legislative panel that has jurisdiction Senate, announced late last year he ings spread, with incidents occurring for the appointment of a nine-member over the state’s 57 occupational licens- would not seek re-election in 2016. Af- Clown Licensing Board, with five ap- in Winston-Salem. ing boards. It has been studying and ter that announcement, he was charged pointees made by the governor and Creepy clowns sometimes may considering the potential centraliza- in state and federal court with crimes be hard to distinguish from regular tion and stronger legislative monitor- related to spending political campaign four by legislative leaders. The board clowns, clown safety expert Ron M. ing of those boards. funds for personal use. will oversee a staff with an initial bud- Donald told Carolina Journal. Behavior The committee’s co-chairman, “As you know, I no longer will be get of $1 million per year and develop identifying creepy clowns may include: Sen. Fletcher Hartsell, R-Cabarrus, in public service in the General Assem- uniform guidelines for each county lurking in wooded areas; lurking in ur- told CJ the creepy clown epidemic was bly after November. I see this legisla- sheriff to follow, including rules on ban areas; wearing scary makeup; or totally unexpected. “Proposing a new tion as one last important project I can special license plates for clown cars expressing generic creepiness, he said. occupational licensing board to deal accomplish,” he said. and maximum occupancy limits for The new law was developed and with a crisis situation is within the dis- Clown safety advocates say law- those vehicles. CJ