Craig posted the news this morning, followed by Christian, and then Jim’s gleeful refrain. While the law may even get passed in North Carolina, allowing for a return when States had State religions, it will be struck down in the Supreme Court.
The bill says the First Amendment only applies to the federal government and does not stop state governments, local governments and school districts from adopting measures that defy the Constitution.
The legislation also says that the Tenth Amendment, which says powers not reserved for the federal government belong to the states, prohibits court rulings that would seek to apply the First Amendment to state and local officials.
SECTION 1. The North Carolina General Assembly asserts that the Constitution of the United States of America does not prohibit states or their subsidiaries from making laws respecting an establishment of religion.SECTION 2. The North Carolina General Assembly does not recognize federal court rulings which prohibit and otherwise regulate the State of North Carolina, its public schools, or any political subdivisions of the State from making laws respecting an establishment of religion.
The North Carolinian legislators are absolutely correct… if they were in 1861. The 14th Amendment passed, albeit under force and with failed promises, secures citizenship under the U.S. Constitution. Before this, you were note a citizen of the U.S. of A., but of your individual State. Therefore, what the Constitution did was to limit Federal powers. This is the reason States had state churches and could do as they desired.
It reads, in part:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Let me add this real quick — had North Carolina done their part in the little dust up between 1861 and 1865, the could have their own Episcopal Church of North Carolina. Just saying.
Anyway, while the Tenth Amendment is used in this refrain, it only reserves the rights to the States no otherwise allotted to the Federal Government. In the 14th amendment, the entirety of the Constitution is now applied to the States. In other words, States aren’t allowed to do what Congress is not allowed to do. This is why we have the Civil Rights acts following the Supreme Court decisions centered on State’s actions.
I swear, these people are blooming idiots…
- NC Republicans seek exemption from U.S. Constitution (reality to follow) (indyweek.com)
- North Carolina May Declare Official State Religion Under New Bill (jhaines6.wordpress.com)
- North Carolina Legislation Would Allow Establishment Of State Religion (jonathanturley.org)