State Religion in NC Proposed

[Pressing-On]

Originally Posted by Originalist

Actually, the Constitution does not limit a States power on having an official religion. It only limits the Federal Government's power. So they would not be violating the Constitution. However, I'm still not sure if it would be a good idea for a State to have an official religion.

How would that work in the case of the Supremacy Clause?

Article IV, Clause 2 of the Constitution: This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

[Timmy]

The bill doesn't specify a religion. I nominate Dudeism.

[Pressing-On]

Originally Posted by Timmy

The bill doesn't specify a religion. I nominate Dudeism.

You can't, it goes against NC's already established state law:

The following persons shall be disqualified for office. First, any person who shall deny the being of Almighty God.” (Article VI, Section 8)

[Pressing-On]

Originally Posted by Originalist

Actually, the Constitution does not limit a States power on having an official religion. It only limits the Federal Government's power. So they would not be violating the Constitution. However, I'm still not sure if it would be a good idea for a State to have an official religion.

I believe, if I am not mistaken, that the 1st Amendment put limitations on Congress, but the 14th Amendment has all federal rights the same rights that the states would have to abide by.

14th Amendment:

"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."

Citing settled law in

U.S. Supreme Court
EVERSON v. BOARD OF EDUCATION OF EWING TP., 330 U.S. 1 (1947)

The statute and the resolution forced inhabitants to pay taxes to help support and maintain schools which are dedicated to, and which regularly teach, the Catholic Faith. This is alleged to be a use of State power to support church schools contrary to the prohibition of the First Amendment which the Fourteenth Amendment made applicable to the states.

http://caselaw.lp.findlaw.com/script...ol=330&invol=1

It appears that what NC is trying to do would be unconstitutional.

[Timmy]

Originally Posted by Pressing-On

You can't, it goes against NC's already established state law:

The following persons shall be disqualified for office. First, any person who shall deny the being of Almighty God.” (Article VI, Section 8)

I said Dudeism, not atheism!

Interesting that that is in their constitution, though. I wonder how many other states have something like that.

[Timmy]

(You could google "Dudeism". I'd link it, but I'm quite sure there's profanity, so, you know. People wouldn't like it. )

[Ferd]

Originally Posted by Timmy

The bill doesn't specify a religion. I nominate Dudeism.

if we go that route, I would prefer Pastafarianism.

[Ferd]

Originally Posted by Originalist

Actually, the Constitution does not limit a States power on having an official religion. It only limits the Federal Government's power. So they would not be violating the Constitution. However, I'm still not sure if it would be a good idea for a State to have an official religion.

states are not allowed to violate the constitution.

[RandyWayne]

Originally Posted by Timmy

The bill doesn't specify a religion. I nominate Dudeism.

Oh ya? Well I nominate the Church of the Fonz! Aaaaaaayyy!

[Pressing-On]

Originally Posted by Timmy

I said Dudeism, not atheism!

I knew what you typed.

"Dudeism's official organizational name is The Church of the Latter-Day Dude"

Interesting that that is in their constitution, though. I wonder how many other states have something like that.

Found 8, which includes NC that I already posted.

Arkansas: “No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any Court.” (Article IXX, Section 1)

Maryland: “[N]o religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God….” (Article XXXVII)

Mississippi: “No person who denies the existence of a Supreme Being shall hold any office in this state.” (Article XIV, Section 265) Ironically, Article III, Section 18 of the state’s constitution declares, “No religious test as a qualification for office shall be required.”

Pennsylvania: “No person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth.” (Article I, Section 4)

South Carolina: “No person who denies the existence of a Supreme Being shall hold any office under this Constitution. (Article XVII, Section 4)

Tennessee: “No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this state.” (Article IX, Section 2)

Texas: “No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.” (Article I, Section 4)