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(Huffington Post)   North Carolina decides to stop beating around the burning bush and introduces legislation declaring an official state religion   (huffingtonpost.com) divider line 250
    More: Obvious, North Carolina, state religion, Tenth Amendment, House Majority Leader, federal laws, political subdivisions, state legislators, North Carolina General Assembly  
•       •       •

4422 clicks; posted to Politics » on 03 Apr 2013 at 10:50 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-04-03 10:17:56 AM  
Not surprising, since these are the same people that read the Bible everyday and think Jesus was a man who walked around damning the weak, stoning the unclean, and building giant temples for him and his Apostles to make money from.
 
2013-04-03 10:31:08 AM  
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.

Ok then.  Everyone gets their own personal Constitution.
 
2013-04-03 10:33:57 AM  
Oh, it's all fun and games until you piss off the Presbyterians.
 
2013-04-03 10:37:46 AM  
Not exactly, Subby.  They're too chickensh*t to declare which denomination, sect, synod, translation, and/or orthodoxy of evangelical, protestant Christian they really want.

They're just saying the federal courts and SCOTUS have no authority to judge constitutionality and that the first amendment does not apply to anything besides the feds.  And that all case law above the state level is inapplicable.  And that they can ignore whatever parts of the constitution they want, because they heard about the 10th Amendment in an email forward.

You know: small stuff.
 
2013-04-03 10:45:12 AM  
1.bp.blogspot.com
 
2013-04-03 10:49:53 AM  
Surprised it took this long for Earnhardtianity to catch on.
 
2013-04-03 10:54:01 AM  
Prepare to be boarded.
 
2013-04-03 10:54:29 AM  
I am sorry, the first amendment does not apply to the states? The 14th amendment would like to have a word with you. Dipshiats.
 
2013-04-03 10:54:45 AM  
By "North Carolina decides..." you mean "Four State Senators from North Carolina decide..."
 
2013-04-03 10:55:02 AM  

Mentat: 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.

Ok then.  Everyone gets their own personal Constitution.


Pretty sure the 14th Amendment covers this.
 
2013-04-03 10:58:18 AM  
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States"
 
2013-04-03 10:58:22 AM  

Mentat: 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.

Ok then.  Everyone gets their own personal Constitution.


I'm sure these folks were outraged by the McDonald decision, which held the Second Amendment binding on the states by incorporation through the Fourteenth Amendment - right?
 
2013-04-03 10:58:26 AM  
Theocratic scumbags. If they weren't given the wiggle room the Constitution allows to let them have free exercise to begin with, they'd be crusading terrorists like Al Qaeda. The worst shiat stain control freaks justified by faith.
 
2013-04-03 10:58:57 AM  
Because this will totally work.
 
2013-04-03 10:59:25 AM  

Pants_Optional: Mentat: 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.

Ok then.  Everyone gets their own personal Constitution.

Pretty sure the 14th Amendment covers this.


Not in my Constitution. It only has ten amendments... as Jesus intended.
 
2013-04-03 10:59:52 AM  
www.sfmuseum.net
 
2013-04-03 11:00:30 AM  

Pants_Optional: Mentat: 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.

Ok then.  Everyone gets their own personal Constitution.

Pretty sure the 14th Amendment covers this.


Probably, but is there case law on point? I don't know if the Free Exercise Clause has been held to have been incorporated or not.
 
2013-04-03 11:00:47 AM  

serial_crusher: By "North Carolina decides..." you mean "Four State Senators from North Carolina decide..."


11 have signed it.

I pray it doesn't pass.
 
2013-04-03 11:00:53 AM  
Basically it's a bill for secession from the union.

Good luck with that
 
2013-04-03 11:01:48 AM  
Let me guess. If I say this is retarded it will be "typical Farklibs attacking Christianity again" right?
 
2013-04-03 11:01:49 AM  
So, I'm assuming that the flood of hyper-derpy threads and new alts within the past half hour was due to certain modmins trying to deflect from this?
 
2013-04-03 11:01:50 AM  

TheSopwithTurtle: [www.sfmuseum.net image 324x408]


My favorite thing about that picture is the "Is Sherman gonna have to choke a biatch?" look on his face.
 
2013-04-03 11:01:50 AM  
They could have done this 200 years ago - a number of states did have official religions after ratification of the Constitution, but post-14th Amendment this kind of thing simply isn't going to fly.

Under their interpretation, the states could also infringe on freedom of speech, assembly, and the press as well. They don't think that through, of course, because someone isn't allowed to do EXACTLY WHAT JESUS SAID NOT TO DO and pray loudly and proudly in public.

The 14th's incorporation clause makes this pretty clear - sorry, states can't do those things either.
 
2013-04-03 11:02:21 AM  
Didn't we sort all this out in 1865?
 
2013-04-03 11:02:40 AM  
Anyone who proposes blatantly unconstitutional legislation like this ought to go directly to jail for knowingly wasting taxpayer money.
 
2013-04-03 11:02:43 AM  
How soon until they bomb Beijing then fly off into the sky to protect their REAL America from the Sodom below?
 
2013-04-03 11:02:45 AM  
These votes serve as affirmations that the south refuses to recognize the black man in the White House.  That's all this is.  They lost, so now they want to take their ball and go home.
 
2013-04-03 11:03:21 AM  

BMulligan: Pants_Optional: Mentat: 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.

Ok then.  Everyone gets their own personal Constitution.

Pretty sure the 14th Amendment covers this.

Probably, but is there case law on point? I don't know if the Free Exercise Clause has been held to have been incorporated or not.


Both the Establishment and the Free Exercise Clauses have been incorporated. The Free Exercise Clause came first, in the 1940 case Connecticut v. Cantwell, and the Establishment Clause came in the 1947 case Everson v. Board of Ed.
 
2013-04-03 11:04:21 AM  

Fjornir: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States"


Yeah, that's all well and good but us citizens of NC allowed out state to go blue in 2008 and they ain't lettin' that shiat go unpunished.
 
2013-04-03 11:05:37 AM  

aaronx: Didn't we sort all this out in 1865?


Rather emphatically, to my recollection.
 
2013-04-03 11:05:56 AM  
sorry kids, you're just about 150 years too late on this one:
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

there has actually been scholarly legal agreement that the somewhat strange wording of the First Amendment's establishment clause (make no law respecting)  actually was written to prevent the federal government from abolosihing the already established offical religions of several states including Virginia.

However, any power the state may have had to establish such a church, is cleanly abolished by the 14th amendment's due process clause, and supreme courrt ruling finding that Amendment 1 is clearly "incorporated" into the fundamental Due process protections of the 14th.

/funny how these asshats just LOVE them some tenth amendment, but never seem to pay attention to any of the ones that come after that...perhaps they can;t count any higher
 
2013-04-03 11:05:59 AM  

Serious Black: BMulligan: Pants_Optional: Mentat: 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.

Ok then.  Everyone gets their own personal Constitution.

Pretty sure the 14th Amendment covers this.

Probably, but is there case law on point? I don't know if the Free Exercise Clause has been held to have been incorporated or not.

Both the Establishment and the Free Exercise Clauses have been incorporated. The Free Exercise Clause came first, in the 1940 case Connecticut v. Cantwell, and the Establishment Clause came in the 1947 case Everson v. Board of Ed.


Thanks. I figured that it had, but I didn't have a cite handy.
 
2013-04-03 11:06:09 AM  
Can we just let these asshats seccede this time, with the caveat that they renounce their US citizenship forever?
 
2013-04-03 11:06:48 AM  
I am cool with this as long as everyone is required to face Mecca when they pray.
 
2013-04-03 11:07:52 AM  
WTF did i just read? Can someone at least promise me this won't make as far as the SCOTUS (who I really hope would just tell them to sit down and shut up).
 
2013-04-03 11:08:02 AM  

BMulligan: Probably, but is there case law on point? I don't know if the Free Exercise Clause has been held to have been incorporated or not.


Follow up question for the lawyers:

has there been any clause in the Bill of Rights which has been considered not to apply to state governments and below when the case is taken up?

JusticeandIndependence: serial_crusher: By "North Carolina decides..." you mean "Four State Senators from North Carolina decide..."

11 have signed it.

I pray it doesn't pass.


I pray it does. Let the foolish and the bigoted put their money where their mouths are and get subsequently crushed. Let this bill pass and let there be a fresh reminder in the eyes of the morons that the federal government is going to enforce the rights afforded by the constitution.

I wonder how long before someone tells us that if the federal government can prevent states from having an official religion then dogs will marry cats and the federal government simultaneously now has the right to ban religions.
 
2013-04-03 11:08:39 AM  
I really need to move back north.
 
2013-04-03 11:08:46 AM  

BMulligan: Pants_Optional: Mentat: 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.

Ok then.  Everyone gets their own personal Constitution.

Pretty sure the 14th Amendment covers this.

Probably, but is there case law on point? I don't know if the Free Exercise Clause has been held to have been incorporated or not.


the entire first is regarded as incoroporated, Otherwise msot fo the seminal establishment clause cases including Lemon  would be moot as they involved state aid to parochial schools not federal
 
2013-04-03 11:08:46 AM  

BMulligan: Mentat: 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.

Ok then.  Everyone gets their own personal Constitution.

I'm sure these folks were outraged by the McDonald decision, which held the Second Amendment binding on the states by incorporation through the Fourteenth Amendment - right?


I'm sure if you ask them about the McDonald decision they would say that lady shouldn't have had the coffee between her legs and she got way too much money.
 
2013-04-03 11:09:00 AM  

Smackledorfer: I wonder how long before someone tells us that if the federal government can prevent states from having an official religion then dogs will marry cats and the federal government simultaneously now has the right to ban religions.


What they'll probably tell us is that if we don't allow an official religion then states will governed by Sharia law.
 
2013-04-03 11:09:17 AM  

The Why Not Guy: Let me guess. If I say this is retarded it will be "typical Farklibs attacking Christianity again" right?


You know what, I'm actually very pleasantly surprised by the general disgust that most of the local commentors on the WRAL board are showing to this story. Which are generally rabid-ultra-conservative commentors.
 
2013-04-03 11:09:26 AM  

LouDobbsAwaaaay: These votes serve as affirmations that the south refuses to recognize the black man in the White House.  That's all this is.  They lost, so now they want to take their ball and go home.


Tell me about it. I want Obama's second term to be over already if only so I don't have to hear the nonstop petulant whinging anymore.
 
2013-04-03 11:09:41 AM  

Smackledorfer: BMulligan: Probably, but is there case law on point? I don't know if the Free Exercise Clause has been held to have been incorporated or not.

Follow up question for the lawyers:

has there been any clause in the Bill of Rights which has been considered not to apply to state governments and below when the case is taken up?

JusticeandIndependence: serial_crusher: By "North Carolina decides..." you mean "Four State Senators from North Carolina decide..."

11 have signed it.

I pray it doesn't pass.

I pray it does. Let the foolish and the bigoted put their money where their mouths are and get subsequently crushed. Let this bill pass and let there be a fresh reminder in the eyes of the morons that the federal government is going to enforce the rights afforded by the constitution.

I wonder how long before someone tells us that if the federal government can prevent states from having an official religion then dogs will marry cats and the federal government simultaneously now has the right to ban religions.


The Grand Jury Clause of the Sixth Amendment has been explicitly held inapplicable to the states.
 
2013-04-03 11:11:18 AM  
Republicans are staunch patriots who love the Constitution.  Except for all those parts of it they hate.

/Okay, fine.  They really just like the 2nd Amendment.  Thats' about it.
//Okay, okay.  They only really like the 2nd part of the 2nd Amendment.  They could do without the beginning clause.
 
2013-04-03 11:11:19 AM  

serial_crusher: By "North Carolina decides..." you mean "Four State Senators from North Carolina decide..."


Unfortunately the bill is supported by about half a dozen other Republicans as well, according to the local media here in Raleigh.

/this state is rapidly approaching TN-levels of idiocy
 
2013-04-03 11:11:59 AM  
Republican North Carolina state legislators have proposed allowing an official state religion in a measure that would declare the state exempt from the Constitution and court rulings.

Funniest thing I've read in a long time.
 
2013-04-03 11:12:05 AM  

Smackledorfer: Follow up question for the lawyers:

has there been any clause in the Bill of Rights which has been considered not to apply to state governments and below when the case is taken up?


A couple. It is clause by clause, as decided by the supreme court. So I am pretty sure the third amendment has not been applied to the states, since quartering of soldiers has not turned out to be the most pressing concern requiring judicial intervention.

I think there are a couple of other clauses.
 
2013-04-03 11:12:07 AM  

Smackledorfer: BMulligan: Probably, but is there case law on point? I don't know if the Free Exercise Clause has been held to have been incorporated or not.

Follow up question for the lawyers:

has there been any clause in the Bill of Rights which has been considered not to apply to state governments and below when the case is taken up?


I believe a few have not been declared incorporated through the 14th Amendment, but some of those are simply because SCOTUS hasn't heard a case requiring them to say such in a decision (and may never hear such a case).
 
2013-04-03 11:13:44 AM  
Forget Sherman. I want to resurrect Jefferson so he can lay into these assholes.
 
2013-04-03 11:14:13 AM  
thanks for the info, Serious Black, Bmulligan, and Gilgigamesh.
 
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