news-record.com

You can call it June Atkinson v. Beverly Perdue, but the lawsuit brought by North Carolina's superintendent of public instruction against the governor isn't personal.

It's not a test of wills. It's not a power struggle. It's not a popularity contest. It's not a grudge match. It's not political.

If it were, the feisty, take-charge governor might be expected to mop the floor with the mild-mannered educator.

But this is all about the state constitution. And, for that reason, Atkinson must prevail.

Twice elected by the people of North Carolina, with more votes in 2008 than Perdue received, Atkinson has seen her position marginalized by the appointment of William Harrison as CEO of the Department of Public Instruction. When asked to describe Atkinson's job, Perdue called her an "ambassador" for education.

Atkinson doesn't mind that title but insists her constitutional office carries more authority than that. The constitution means for the superintendent to be the administrative leader of public education in North Carolina, not an appointed CEO.

That's the heart of the lawsuit filed Friday in Wake County Superior Court. Atkinson is represented by the N.C. Institute for Constitutional Law, headed by former N.C. Supreme Court Justice Bob Orr.

"In reality, the superintendent is supposed to be the CEO of public education in North Carolina, and we have one elected by the people," Orr said at a Raleigh press conference.

Orr has lost a couple of high-profile legal actions recently, which is not to say he's had the wrong ideas.

One was challenging the huge state incentives promised to Dell for its computer assembly plant in Winston-Salem, where it's now shedding undisclosed numbers of jobs. The other contended that legislation creating the state lottery was improperly rushed through the General Assembly.

In both cases, Orr was on the side of sound public policy despite losing the legal arguments.

This time, the outcome might be the other way around. It's probably better for the governor to take direct control over public education policy by appointing and holding accountable the people in charge of the Department of Public Instruction. But there's the inconvenient fact that the constitution lets the voters choose the top administrative officer and clearly intends to vest that person with appropriate authority.

If the governor doesn't like that arrangement, she should encourage the General Assembly to present a constitutional amendment to the voters for their approval.

If that were to happen, Atkinson said graciously at last week's press conference, "I will live by the will of the people." She quickly added that the will of the people should be respected now, meaning those who elected her to office. Sounds fair.

This dispute is bigger than one office. The people of North Carolina also elect an attorney general, secretary of state, treasurer, auditor and commissioners of insurance, labor and agriculture. What's to stop the governor, if she can get away with one power grab, from appointing people to take over the duties of all those elected officials, leaving them as figureheads as well?

The courts can, and should.

Atkinson also can appeal to public opinion. North Carolinians are protective of their right to vote, even when they're not well informed. Some cast ballots in ignorance when electing judges and other candidates for obscure positions. On another day, I'd argue for letting the governor appoint more leaders of executive branch agencies to promote greater efficiency and consistency of governance. But that's not the point today.

The constitution is due proper respect. The governor took an oath to uphold it, and she can only seek to change it through proper legal procedures, with the consent of the legislature and the people.

Atkinson can't be faulted for pushing back. She ran for office twice and won Democratic primaries and general elections both times. She has appropriate academic credentials. She's always conducted herself with dignity, even in these humiliating circumstances. She's not asking for a confrontation with the governor now, only her day in court to settle an important legal question:

Does the constitution grant to the elected state superintendent the authority to act as chief administrative officer of North Carolina public schools?

What did 4 million voters think when they cast their ballots in good faith last November? It ought to be clear.

Maybe the governor should be glad this isn't personal after all.