Thursday, April 4, 2013

North Carolina Republicans Failed Civics

I thought South Carolina was the crazy Carolina but it seems North Carolina wants to give them a run for their money.

North Carolina is trying to establish a state religion.  You read that right.  They don't care that this is obviously against the first amendment.

The First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


The measure is supported by nine Republicans in the Legislature. They introduced this after a lawsuit took issue with Rowan county committee meetings opening with, way more often than not, an obviously Christian prayer.

They claim that they can pass this legislation because of that first word in the amendment: Congress.  And they are right in that the way the amendment is written, it would not be applied to North Carolina.  They also claim that the Tenth Amendment, which gives the states the rights to do things if the Constitution does not address it, does not stop them from establishing a religion.  The bill itself states that the Bill of Rights only applies to the federal government and does not stop states from passing any law that defies any part of the Constitution.

The Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Ok, ok, let's say I'm on board with all that.  It does not really mention anything about the establishment clause.  If only there were something that would explicitly state that the first amendment... no, it needs to be more specific than that... the establishment clause itself...

Everson v. Board of Education, (1947) was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law.

WOW, look at that!  The issue has already been addressed!  I mean as long as it isn't before 1947...nope, I checked the calendar and we're good.  North Carolina can breathe a sigh of relief and not waste their time on a rehashing of previously decided case law.  But we all know they won't.

This follows a trend of Republican led legislatures in Red states of proposing, and sometimes passing, ridiculously illegal laws.  I have covered some of these laws in relation to gun control here on the blog. I really do not understand how they can continue with stuff like this.  Nullification, of which this is a cousin, cannot and will not stand.  

Maybe for fun the federal government should turn North Carolina loose, just as an example to the other states.  I really don't think they've thought it through.


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