As reported on N.C. Policy Watch recently, some advocates on the far right — including North Carolina’s own Lt. Governor — have been pushing the radical idea of late that it’s time for a second American constitutional convention.

For those who haven’t given the idea much thought, the dangers that would accompany such a move may not be readily apparent. Thankfully, veteran national policy analyst Robert Greenstein of the Center on Budget and Policy Priorities explained them in a recent column for the Washington Post.

As Greenstein noted, such an event could be a disastrous free-for-all:

The Constitution sets no rules for how a constitutional convention would work. What standards determine whether 34 states have called for a convention? Do all resolutions that state legislatures have ever passed count — even if they called for conventions on very different topics, or were passed 50 or 100 years ago, or were later rescinded, as some have been? Oklahoma, for instance, passed a resolution in 1976 calling for a convention but rescinded it in 2009, citing concerns about throwing the Constitution wide open to unknown changes; some proponents argue that Oklahoma should still count anyway. Can that be right? The Constitution is silent on all of these issues.

That’s just the start.  If a convention were called, how many delegates would each state get, and how would they be selected? How long could the convention last? The Constitution provides no guidance on those questions either.

He continued: Read More


Though his background is in architecture, North Carolina Lt. Gov. Dan Forest certainly does seem to fancy himself quite the constitutional law expert. Lately, he’s been tooling around the state with a far right activist who wants to rewrite the U.S. Constitution to return the country to the 18th Century by, essentially, giving the state’s the right to nullify federal laws with which they disagree.

Now, this morning, Prof. Forest has treated the visitors to his website with a cocksure lecture about how the North Carolina  Supreme Court should purport to defy the federal courts and, in effect, nullify their recent rulings on marriage equality. According to Counselor Forest, this will somehow force a “showdown” in the U.S. Supreme Court on the issue.

Maybe Forest has been talking with his buddy and fellow ideologue, Supreme Court Justice Paul Newby, but whatever the source of his latest daft and inappropriate missive, let’s hope he keeps churning them out. After all, as long as we’re talking about “showdowns” in North Carolina public policy, it will be helpful for as many as possible to know that the state’s second-highest elected official is echoing the pro-discrimination/states’ rights values of George Wallace, Lester Maddox and the other mid-20th Century bigots.

Senator Richard Burr

Senator Richard Burr

In case you missed it, it’s worth noting that Senator Richard Burr uttered some eminently reasonable words yesterday when pressed for a comment on the judge who struck down North Carolina’s  unconstitutional ban on same-sex marriage, U.S. District Court Judge Max Cogburn of the state Western District. Burr, of course, voted for Cogburn’s confirmation which was unanimously approved.

You can watch the video by clicking here, but here is a transcript:

“We try to put the most qualified individuals on the bench. I have no questions that Max Cogburn met that qualification threshold for me. And…uh…I think it’s once again proof that you can’t…uh..envision every decision that a judge is gonna’ make and that’s why putting folks that have the right experience on the bench is absolutely crucial.”

Dan Forest

Lt. Gov. Dan Forest

In other words, those spewing absurd and incendiary comments like North Carolina’s Lieutentant Governor (who called Cogburn’s simple and rational decision applying the precedents dictated by the courts above him “the judicial fiat of one unelected man”) would do well to clam up and take a civics lesson.

Now, if Burr would just apply his own words by: a) halting his ridiculous and completely unexplained, one-man blockade of President Obama’s appointment of federal prosecutor Jennifer May-Parker to serve as the first African-American judge in the history of North Carolina’s Eastern District and b) condemning Forest for his ridiculous and inflammatory pandering, we might just get somewhere.


Dan ForestNorth Carolina’s Lieutenant Governor Dan Forest appears to be emerging as the most visible and outspoken opponent of LGBT equality in North Carolina. Forest, who has long been closely associated with the religious hard right, issued a formal statement over the weekend in which he castigated the decision of U.S. District Court Judge Max Cogburn striking down North Carolina’s marriage discrimination law as a case of “an unelected federal judge violat[ing] the foundational principles of this great nation.”

Forest’s statement goes on to give voice to some of the extreme, anti-federal government language that should be familiar to those who have studied the efforts of the mid-20th Century “state’s rights” movement and that has, in more recent times, come to be associated with fringe Tea Party groups that question the basic legitimacy of the present-day federal government:

“The courts have essentially stated that a man ‘marrying’ another man, or a woman another woman, is rooted in our nation’s traditions and history, inferring that states have no interest in the preservation of marriage as an exclusive union between a man and a woman. This strains credulity.

Our people will either submit themselves fully to a federal oligarchy of unelected judges or stand up and proclaim that federalism is alive and well. I hope that you will join me in standing against judicial tyranny, and fight to restore the balance of power intended in the Constitution of the United States.”

Meanwhile, Gov. Pat McCrory issued a statement that said the following:

“The administration is moving forward with the execution of the court’s ruling and will continue to do so unless otherwise notified by the courts. Each agency will work through the implications of the court’s ruling regarding its operations.”

IMG_2341Lt. Governor Dan Forest kicked off a statewide media tour today in Raleigh to promote his “I Support Teachers” license plates — one part of his newly minted North Carolina Education Endowment fund that is aimed at increasing the salaries of the state’s highest performing public school teachers.

“We need to have the best teachers in the world here in North Carolina,” said Forest. “And one of the things that often happens is that we play this game with teachers about how do we fund … teacher compensation for the long term.”

“So every couple years you get the Governor and the legislature to try to find money to help support teacher compensation, generally whatever is leftover in the budget,” continued Forest. “The purpose of the North Carolina Education Endowment fund is to provide a long term solution…to support teacher compensation so we can break the ebbs and flows of the economy.”

Lawmakers passed what they characterize as an average 7 percent raise for teachers during the 2014 legislative session, after several years of no pay raises for teachers. Those raises, however, have in large part gone to newer teachers, with veteran teachers left with little to show for their years-long wait for a pay raise.

Calling it a “lock box fund,” Forest said contributions will sit in the endowment for a period of time in order to grow, then be used to pay the state’s highest performing teachers at a greater rate. The metrics for determining who would qualify as one of the state’s highest performing teachers was not made clear.

There are several ways the NC Education Endowment can be funded, according to Forest:

  • Through the purchase of an “I Support Teachers” specialty license plate;
  • By individual or corporate donations through state income tax forms;
  • Corporations and individuals making stand-alone donations;
  • By appropriations form the general fund by the General Assembly; and
  • Through other methods to be determined in later legislation.

In the law passed this summer that enacted the endowment fund, Forest modified language from the existing law that established a specialty license plate option with the words “I Support Public Schools.” That license plate never ended up being created thanks to a lack of public interest. Forest decided to take that language and cross out “Public Schools” on the license plate and replace it with “I Support Teachers.”

While WRAL reported in May that the state’s most popular specialized license plates, which are the ones that contribute to the Blue Ridge Parkway Foundation, only generate annual revenue amounts of $500,000, Forest told reporters at the time that he hoped the endowment will generate billions of dollars in revenue over the long term.

During the bill’s debate, Sen. Josh Stein (D-Wake) worried that the endowment funds could ultimately just get thrown in with the big General Appropriations pot, much like what happened to the lottery funding that was originally intended to fund certain areas of education.

Forest will continue to promote his endowment by highlighting the “I Support Teachers” license plates at DMVs in Greensboro and Charlotte today.