What's that smell? SBE appointees WAY past their expiration dates

Jean W. Wooland was appointed to the State Board of Education in September of 2010 by Governor Perdue to fill the vacancy left by the untimely death of Kathy Taft.  According to her "member profile" on the State Board's website (http://www.ncpublicschools.org/stateboard/about/profiles), Ms. Wooland represents the state's First Educational District (northeastern North Carolina), lives in Plymouth, and is a long-time teacher union (NCAE) activist. 

Her profile also states that her term expired on March 31st, 2011, over four months ago.  Yet Ms. Wooland continues to serve on the board. 

Boone attorney Robert Speed, appointed by former governor and convicted felon Mike Easley in 2003, also continues to serve on the board despite his term having expired at the end of March as well. 

How can this be?  It 'be' because Governor Perdue has figured out how to use a little-known statute to avoid having her appointees confirmed by the (Republican-controlled) General Assembly.  According to G.S. 128-7 "All officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified." 

Taken at face value, the statute would seem to indicate that if a governor had a crony on a board or commission whose term was up but she didn't want to risk losing in a confirmation battle in the legislature, she could keep him around forever by simply never naming a replacement.  The appointee's 'term' would then be indefinite, at least as long as said governor was in office.  That appears to be what she's trying to do here with Ms. Woolard and Mr. Speed.

There's a huge problem in this case, however.  The term for state board of education members is set, not by some statute, but by the North Carolina Constitution.  That term is explicitly defined as eight years, no more, no less (Article IX, Section 4, "Appointments shall be for overlapping terms of eight years").   

As every public school student, or at least every public charter school student knows, statutes cannot overrule constitutions.  If the Constitution of the great state of North Carolina says the term is for eight years, then the term is for eight years--end of arguement. And end of Ms. Woolard's and Mr. Speed's terms.  Or at least it would be if anyone were to take the board to court and make a case out of this. 

Perhaps the governor will renominate the pair, or two others like them in her 'apointments bill, which the GA will consider during its September mini-session.   But what if she doesn't?  The Constitution says that state board appointees must be confirmed by the General Assembly.  Will Republicans in the legislature let her get away with extending current members indefinitely, and thus doing an end run around our Constitution?