July 2009 at NCICL


Jul 31st, 2009
by Cynthia Crowdus & Kristin Mar

July 2009

The North Carolina Institute for Constitutional Law is a nonpartisan organization that educates, informs and advises the public and elected officials on the rights of citizens under the constitutions of the United States and the State of North Carolina. NCICL also supports litigation by its lawyers on constitutional issues when appropriate. In keeping with its mission, NCICL is sending this newsletter to keep you abreast of our current endeavors, litigation, and research.

 

Litigation Updates


Atkinson v. State of North Carolina, et al.
 
Dr. Atkinson has prevailed in her efforts to continue her work as the duly elected State Superintendent of Public Instruction. Superior Court Judge Robert Hobgood found that “[t]he General Assembly and the State Board of Education do not have the power, without a constitutional amendment, to deprive the duly elected Superintendent of Public Instruction of her inherent power as chief administrative officer of the State Board of Education.”
 
 “The great difficulty in our way is how to establish a check on the representatives of the people to prevent their assuming more power than would be consistent with the liberties of the people.” –James Iredell
 
 
Hope - A Women's Cancer Center & Raleigh Orthopaedic Clinic v. State of North Carolina, et al.
 
The Certificate of Need suit challenges the practically unlimited discretion of the State Health Coordinating Council (SHCC) in deciding who gets to offer new institutional health care services.  The SHCC, which is not required by statute to disclose -- or avoid making -- any decisions that are or may be based even in part on the profits of their employers, produces the State Medical Facilities Plan, which determines whether and where many new medical services will be offered.   The law also states that the decisions of the Council do not receive the fresh judicial revew given to nearly all other administrative rules.
 
The case was decided in favor of the SHCC at the trial level and is now on appeal to the NC Court of Appeals.
 
 
NCICL Updates
 
Center for Economic Development Reform: NCICL has recently established the Center for Economic Development Reform (CEDR), a division dedicated solely to delving into the morass of North Carolina’s economic development laws, policies, and expenditures. Shelley Gonzales heads CEDR and keeps the public abreast through Corporate Welfare Weekly newsletters that provide snapshots of the state’s actions and spending for incentives, tax breaks, and giveaways. Shelley is currently a graduate student studying economics at NC State University. She intends to work with economic policy after she graduates.  If you would like to receive Corporate Welfare weekly, email Shelley atgonzales@ncicl.org.


Shelley L. Gonzales
 
Summer Interns: NCICL welcomed two summer interns this year, Jocelyn Bolton and Dan Cowan.


Jocelyn Bolton

Jocelyn Bolton is a JD/MBA student at North Carolina Central University. While at NCICL, Jocelyn has conducted research on a variety of issues, most notably the Atkinson v. State case. Jocelyn has an interest in practicing Civil Rights and/or Constitutional Law after graduation. 
 

Daniel Cowan
Dan Cowan is a rising 2L at the University of North Carolina School of Law.  At NCICL this summer, Dan has conducted research on economic incentives, education, taxation, healthcare, and standing.  Dan hopes to clerk for a state or federal judge after graduating from UNC.
 
Volunteers: NCICL has been fortunate to have volunteers this year helping to fulfill our mission of conducting research and educating the general public, policy makers, and the Bar on the constitutional rights of North Carolina citizens. 
 
This summer NCICL has had the assistance of Jeong Bang, Andrew Brown, and Louise Orr. Each has contributed to internal research and operations. Jeong anticipates entering law school in the fall of 2010. Andrew will continue his studies at Davidson College in the fall. Louise will be a senior this fall at St. Mary’s School.

Donate to NCICL
The North Carolina Institute for Constitutional Law operates solely on the generosity of people who support our fight for freedom and fairness. NCICL depends on contributions from individuals, businesses and foundations.  When you give to NCICL, you are supporting our goal to achieve good government in our State. As a 501 (c) (3) organization, all contributions are tax-deductible. 

Please Donate Online

Or mail your donation to:
Executive Director
North Carolina Institute for Constitutional Law
Suite 180 Six Forks Place I
333 E. Six Forks Road
Raleigh, NC 27609
 
“I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.” –Thomas Jefferson

“Let [the Constitution] be taught in schools, in seminaries, and in colleges, let it be written in primers, in spelling books and in almanacs, let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation.” –Abraham Lincoln