Civitas Review Online

Brian Balfour’s recent article on the Top 10 Worst Federal Stimulus Programs in N.C. has caught the eye of Fox News.

President Obama has nominated Goodwin Liu, an accomplished academic, to the 9th US Circuit Appeals Court.  Some wonder whether President Obama hopes to put Liu on the fast-track to the Supreme Court.

This nomination is especially newsworthy because Liu believes that the Constitution should be adapted to reflect changes in society.  In one of his books, Liu writes that “Applications of constitutional text and principles must be open to adaptation and change … as the conditions and norms of our society become ever more distant from those of the Founding generation.”

Perhaps my understanding of constitutional law is incorrect but it has always been my belief that the US Constitution was a guiding collection of timeless principles that created, and set limits on, government.  Which principles in the Constitution ought to be adapted and changed?  Perhaps our first amendment right to free speech or our fourth amendment rights protecting our privacy?

Failing to recognize that the principles of the Constitution are timeless renders the document little more than a collection of words.  Believing that the document should adapt over time relies on the assumption that the principles of freedom, liberty, limited government in individual rights are subject to change at the whims of a judicial official.  Our Constitution does not need to adapt or change but perhaps Mr. Liu’s views on it should.

The North Carolina General Assembly’s Fiscal Research Division this week released its 2010 Economic Development Inventory.

The report itemizes state government’s “economic development spending,” which includes appropriations, tax credits, deductions and preferential tax treatment targeted to a particular business or industry. The report delineates between “direct incentives” and “support programs.” Direct incentives provide funds or relief directly to a company or to a local government designated for a specific company, while support programs are those that provide support for businesses considering locating or expanding in N.C.

The report finds a total economic development spending of $1.2 billion in FY 2008-09. Of that total, 95%, or $1.16 billion, is for direct incentives. By comparison, state corporate tax revenue for FY 2008-09 totaled $835.5 million.

In short, if the state ended their targeted handout and tax credit corporate welfare schemes, the added revenue would be enough to offset an elimination of the state corporate tax. Or it could offset a significant reduction in North Carolina’s high “small business tax.”

The policy of high tax rates for most with handouts and tax breaks for some makes for bad economics and an unfair treatment of similar businesses. The Economic Development Inventory is a prime example of how politicized our economy has become.

With the Wake County School Board set to vote on Tuesday on a resolution calling for community-based school assignments to replace economic diversity, proponents of the diversity have been in overdrive trying to sell board members and community about the importance of diversity.  Shouldn’t we also look at classroom results?  

Does the following data suggest Wake’s diversity plan has been a success for minority students?

Percent of students by group who passed both reading and math elementary school EOG tests:
Whites:  2005-06: 87%;  2006-07: 88%;  2007-08: 79%;  2008-09: 86% 
Blacks:   2005-06: 46%;  2006-07: 48%; 2007-08: 33%; 2008-09: 45%
Hispanics:  2005-06: 53%;  2006-07: 55%;  2007-08: 35%;  2008-09: 47%
Econ. Disadv.:  2005-06: 46%;  2006-07: 48%; 2007-08: 31%; 2008-09: 44%
Lim. Eng. Prof. : 2005-05: 38% ;2006-07: 41%; 2007-08: 23%; 2008-09: 35%
Stud. Disabilities: 2005-06: 44%; 2006-07: 43%; 2007-08: 27%; 2008-09: 36%

Percentaage of students by group with passing score on  high school EOG Tests:
White: 2005-06: 90%; 2006-07: 88%; 2007-08: 89%; 2008-09: 91%
Blacks:2005-06: 60%: 2006-07: 51%; 2007-08: 53%; 2008-09: 58%
Hispanics: 2005-06: 66%;  2006-07: 59%; 2007-08: 61%;  2008-09: 66%
Econ. Disadv.: 2005-06: 60%; 2006-07: 51%;  2007-08: 52%:  2008-08: 58%
Lim. Eng. Prof. : 2005-06: 46%: 2006-07: 43%:  2007-08: 50%: 2008-09: 57%
Stu. Disabilities: 2005-06: 61%; 2006-07: 52%: 2007-08: 54%; 2008-09: 57%

(Econ. Disadv=Economically Disadvantaged Students; Lim. Eng. Prof. = Limited English Proficiency; Stu. Disabilities = Students with Disabilities)

Four Year Graduation Rates by Group:
All: 2005-06: 83%; 2006-07: 79%; 2007-08: 79%; 2008-09: 78%
White: 2005-06: 90%; 2006-07:88%; 2007-08: 88%; 2008-09: 89%
Black: 2005-06: 70%; 2006-07: 65%; 2007-08: 65%; 2008-09: 63%
Hispanic: 2005-06: 58%; 2006-07: 55%; 2007-08: 52%; 2008-09: 51%
Econ. Disadv: 2005-06: 60%; 2006-07: 63%; 2007-08: 56%;  2008-09: 54%
Lim. Eng. Prof.:  2005-06: 51%; 2006-07: 44%; 2007-08: 39%;  2008-09: 39%
Stu. Disabilities: 2005-06: 63%; 2006-07: 57%; 2007-08: 56%; 2008-09: 57%

In seven of ten minority achievement categories, EOG and EOC scores declined from 2005-2008.  One category experienced no change; two others showed improvements.  Four-year graduation rates for Black, Hispanic, Economically Disadvantaged , Limited English Proficiency and Students with Disablities all experienced significant declines.  Clinging to a policy that has failed to produce results offers minority students no help.  These failures are a compelling reason why the school board should move ahead with other options.

Graciously, Dell has decided to keep its doors open until July of this year.  You remember Dell, the company that the state gave in excess of $250 million worth of tax incentives and promises to in late 2004 to lure into the state.  With only five years gone by since Dell opened its doors here in North Carolina, I doubt that many of the politicians who pushed for such an ambitious package are proud of the results.

Our elected officials in Raleigh apparently realize that tax breaks will lure more business into the state.  What amazes me is that they do not understand that lowering the corporate tax rate will render these incentive deals unnecessary because the general business climate in the state will be more attractive.

I imagine there were  a few people shaking their heads this morning when they read about the punishment – or lack thereof – that was handed out to State Sen. R.C. Soles (See: news article). Yesterday Sen. Soles pled guilty in a Columbus County Courthouse to a misdemeanor assault with a weapon charge and paid a $1,000 fine. The incident in question took place last August when Soles fired on an intruder, Kyle Blackburn who had broken into his Tabor City home. Blackburn also happened to be a former client of Soles and — at the time of the incident — had been recently released from jail. Yeah, I know it sounds like a bad script from one of those TV movie channels. Unfortunately, it’s true.

 So much for the work of those folks who served on the grand jury in January and indicted Sen. Soles on a felony assault charge. Soles’ plea means he will face no other penalties. Had Soles been convicted of a felony, he faced losing his senate seat, prison time and his law license. Sen.Soles is the longest serving member of the North Carolina legislature, having first been elected to the General Assembly in 1968. He is also Chair of the Senate Democratic Caucus. I wonder if a few of the ties Sen. Soles developed over the past four decades came in handy in resolving his troubles. Anybody who thinks an average citizen would have been treated the same way, let me know.

In front of a gathering of NC mayors in Wilmington yesterday, Gov. Perdue warned those in attendance about the budget difficulties facing the state this year:

It will be another bleak budget for the state this year, Gov. Bev Perdue warned a group of mayors meeting in Wilmington on Wednesday.

Laying off more state employees, eliminating half a billion dollars of programs and hiring outside contractors to perform some existing government duties are all possibilities as the state struggles to recover from the economic meltdown.

“It’s my goal with the (legislative) session to focus on restructuring government,” Perdue said to the N.C. Metropolitan Mayors Coalition, a group of mayors representing 26 of the state’s larger cities.

She said that includes everything from eliminating some of the state’s 600 boards and commissions (600!?! – BB) to getting outside experts to provide some of the functions that make the government run, such as technology services.

Layoffs of state workers also looks likely, said Andy Willis, Perdue’s senior adviser for governmental affairs.

“Two thousand to 3,000 employees will probably lose their jobs,” he told the mayors.

That last line no doubt triggered an emergency alarm at SEANC headquarters. This summer’s budget negotiations is shaping up to be another wild ride.

Race to the Top taught us that competition and incentives drive reform . . .So even as we continue funding important formula programs like Title I and IDEA, we are adding money to competitive programs that are changing the landscape of our educational system.

The quote is from Arne Duncan, U.S. Secretary of Education in a February 1, 2010 press release on President Obama’s new budget for education.  It’s hard to miss the new emphasis on reform, innovation and competition. Gosh, states now battle with each other for Race to the Top funds – and may the best application win.

I wonder, if everyone benefits from states competing, you’d think the same logic would apply to schools.  The reality is, such logic is still alien to the federal mindset.  President Obama has not supported a single real initiative to bring competition to our schools since taking office. In fact, earlier this year – despite favorable Congressional evaluations — President Obama and Secretary Duncan worked to dismantle the DC Opportunity Scholarship program, a voucher program that allowed 3,300 of Washington’s poorest families to attend quality private schools.  A new emphasis on competition? Don’t believe it. Actions speak louder than words.

I know how concerned many were about their beach house been eaten by the ocean due to rising sea levels.  Well, nothing to fear anymore.  Turns out, rising sea levels, like much of the global warming catastrophe scenarios, just isn’t grounded in science.

Scientists have been forced to withdraw a study on projected sea level rise due to global warming after finding mistakes that undermined the findings.

In a statement the authors of the paper said: “Since publication of our paper we have become aware of two mistakes which impact the detailed estimation of future sea level rise. This means that we can no longer draw firm conclusions regarding 21st century sea level rise from this study without further work.

Oops.

“It appeared the superintendent and board members were at least trying to work together in the first two months, but it was a lopsided relationship. A majority of the board dictated changes often driven by campaign promises made during an unusually partisan race. Several members also made it clear they didn’t trust the information they were getting in response to their requests.”

That blurb is from Tim Simmons who’s writing in yesterday’s Wake Education Partnership Newsletter about the resignation of Wake County School Superintendent Del Burns.  I found much of the phrasing curious. Simmons says a “lopsided relationship” is in part the reason for Burns’ decision. Really? Last I checked the superintendent was an employee of the school board. Since the school board hires the superintendent to carry out the policies and directives of the Board, I’d guess that an arrangement is accurately described as an employer-employee relationship. As such, there is every expectation that the relationship is NOT one of co-equals but of superior-subordinates.

Simmons also claims “a majority of the board dictated changes often driven by campaign promises made during an usually partisan race.” How dare that duly-elected school board tell Del Burns to carry out policies that – at times — differ from his own views!  Sounds like Simmons thinks Del Burns should have the opportunity to pick and choose which policies he’ll follow and which board members he’ll listen to –since after all,  a member’s election might have been contested or highly partisan.

Silly me.  Here all along, I thought the voters were supposed to be in charge.