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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOMG - North Carolina GOP Doesn't Think Constitution Applies to THEM???
These people have officially lost their minds - the Civil War means that the Constitution applies to EVERYONE. Can these morons PLEASE be removed from office - forget by the voters! This is TREASON!!!
ON EDIT: Do they also get to pick and choose whether or not there is an individual state policy on SLAVERY?
I am embarrassed for my country.
http://www.huffingtonpost.com/2013/04/03/north-carolina-religion-bill_n_3003401.html
North Carolina May Declare Official State Religion Under New Bill
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.
The bill, filed Monday by two GOP lawmakers from Rowan County and backed by nine other Republicans, says each state "is sovereign" and courts cannot block a state "from making laws respecting an establishment of religion." The legislation was filed in response to a lawsuit to stop county commissioners in Rowan County from opening meetings with a Christian prayer, wral.com reported.
<snip>
The bill reads: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.
<snip> http://www.huffingtonpost.com/2013/04/03/north-carolina-religion-bill_n_3003401.html
rdking647
(5,113 posts)this is reason #1 why i hate the social cons.. if they want to live somewhere with a state religion so bad i suggest Iran. just get the fuck out of the US you anti american pukes.. we like our freedoms here
IdaBriggs
(10,559 posts)What was the policy instituted after the Civil War was over when any dipshit tried this nonsense?
What next -- certain states can have their own slavery rules? Because the Constitution doesn't actually apply?
onenote
(42,609 posts)A stupid proposal: yes
An unconstitutional proposal: yes
Treason: No
The Constitution is clear: " Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."
I really wish people would stop labelling every dumb ass idea and every unconstituional proposal as "treason" and demanding that the proponents of dumbass, unconstitutional ideas be imprisoned or otherwise punished. Punishing someone for proposing (or even passing) an unconsitutional law would itself be unconsitutional.
Seeking Serenity
(2,840 posts)IdaBriggs
(10,559 posts)the union / start the Civil War were prosecuted, were they?
How was that handled afterwards? Was it all ignored in the "forgive, forget, move on" philosophy?
It seems like the same thing to me, but I am not a legal scholar.
awoke_in_2003
(34,582 posts)Fantastic Anarchist
(7,309 posts)And perhaps itself be treasonous.
I kid, I kid. I agree with you, onenote. This is undoubtedly a horrible and un-Constitutional bill, but it definitely is not treasonous. Hyperbole doesn't help our cause one whit.
Thanks for your post.
Sirveri
(4,517 posts)Civil war was basically started when the south said your laws no longer apply to us.
So if this passes it could be the start of a second civil war, if they choose to defend themselves, which would mean that the authors have initiated war against the federal government, which would fit the definition of treason.
(I'm playing devil's advocate here, I think it's silly too)
onenote
(42,609 posts)under the 10th Amendment to nullify the application of the first amendment to states purusant to the due process clause of the 14th amendment of the Constitution.
So I doubt it could be considered an "act of war" since they aren't claiming to secede. They're just trying to pass a stupid, unconsitutional law.
Sirveri
(4,517 posts)then when the fed said they couldn't do that they said, screw you make us. So the question becomes, is it the law that they passed the trigger for secession or is it the actual defense of the law?
riverbendviewgal
(4,252 posts)Can we help pay for their tickets?
Baitball Blogger
(46,684 posts)Damn. IF I can only finish my project. I have an experience that will put that experiment to rest, once and for all.
IdaBriggs
(10,559 posts)Share, please.
I need some good news to tone done my burning rage!
Baitball Blogger
(46,684 posts)community in the nineties. I always wondered if we were a test site for this crazy concept. All the Republican measures you see today (i.e. excessively business friendly government) was able to come in under the radar because the local government thought it had legal immunity. They didn't even follow state rule, which is how they got in trouble.
It began to fall apart for them when a developer took them to federal rule. It was like watching one domino fall after the other. The developer's lawyer came to a city meeting and shared his legal argument. It was the first time that anyone heard the counterpoint, and they realized that the city didn't follow State government regulations, either. Of course, since this is a Republican area, nobody pays close attention to what they're losing when they do away with a regulation--until it's too late.
Well, this doesn't have a happy ending, because this happened in a Republican jurisdiction. I won't give anymore away. It is an incentive to finish.
JoePhilly
(27,787 posts)Their time is almost up.
And so they are going all in on crazy.
Chipping away at Religious freedom with 10 Commandment monuments located in the town hall hasn't worked.
If they can't get state religions in place now, they'll never be able to do it. And they think that if they succeed, they'll be able to use Religion to control how you vote.
Its their only chance going forward.
IdaBriggs
(10,559 posts)and the country is no longer America.
JoePhilly
(27,787 posts)entire constitution given the chance.
Phillip McCleod
(1,837 posts)somebody needs to tell them the u.s. constitution ain't the 'bible'.
can't cherry-pick.
IdaBriggs
(10,559 posts)GREAT answer!
dixiegrrrrl
(60,010 posts)so NC Repugs do have a template for it.
Remember when we used to have rights to privacy and rights to due process and rights to freedom of speech?
slippery slippery slope.
But, the states won't be allowed to act independently of the Federal Gov. if only for tax reasons.
Ilsa
(61,690 posts)control over our uteruses in many states.
backscatter712
(26,355 posts)el_bryanto
(11,804 posts)It's essentially nullification applied to a specific part of the law, and nullification has not proven to be a legal theory that actually works. I suspect this might be the same.
Rep. Warren did talk to the Salisbury Post, and noted he didn't think it would go anywhere.
But Warren admitted he didnt expect the bill to go far.
I didnt expect it to go anywhere, he said, noting that the bill was read into the floor Tuesday morning and referred to the committee for Rules, Calendar and Operations of the House. Quite often bills go there and never come out.
So I'm not holding my breath.
Bryant
IdaBriggs
(10,559 posts)el_bryanto
(11,804 posts)Does that seem reasonable to you?
Bryant
IdaBriggs
(10,559 posts)HELL YES!
We had an entire WAR about this and I am not about to be okay with NINE NUMB-SKULLS thinking they can restart this.
Put these assholes in JAIL / remove them from office and STOP THIS CRAP before it starts getting discussed as "reasonable."
The fact they THINK it is reasonable tells me they are WORTHLESS PIECES OF SHIT.
"State" religion - do you think they want to stop there? "Women" and "minorities" voting? "Slavery" - what do you think the point of saying that the Constitution doesn't apply to them is all about?
Arrest the LYING CONTEMPTIBLE TREASONOUS WORMS.
This should not be a discussion.
PUT THEM IN JAIL.
el_bryanto
(11,804 posts)And since it relies somewhat on a slippery slope argument, it's pretty broad too.
I assume you would charge them under Treason Statuets? It's hard to think what other laws would apply.
Bryant
IdaBriggs
(10,559 posts)Further,
http://www.salisburypost.com/article/20130403/SP01/130409910/1023/lawmakers-file-rowan-county-defense-of-religion-act
Catawba College politics Professor Michael Bitzer likened the resolutions ideology to that of many Southern states following the U.S. Supreme Courts Brown v. Board of Education of Topeka, Kan., decision in 1954 that required nationwide public school integration.
They basically want to ensure that a long line of U.S. Supreme Court rulings have no validity either here in Rowan County or here in the entire state, Bitzer said. Theyre basing it on to put it mildly discredited legal theory that the states can deny the power of the federal government within their jurisdiction. We saw this in the aftermath of Brown v. Board of Education. The belief is that the states hold more power than the federal government. If the federal government does something, the states can simply ignore it.
(snip)
In a statement released Tuesday, ACLU of North Carolina Legal Director Chris Brook took aim at the resolution.
The bill sponsors fundamentally misunderstand constitutional law and the principles of the separation of powers that date back to the founding of this country, Brook wrote.
I don't know what statutes to charge them under - I personally want them tarred, feathered, and run out of the country by an angry mob! - but I DO NOT WANT TO HAVE TO REVISIT THE END OF SLAVERY AND MY RIGHT AS A WOMAN TO VOTE, LET ALONE THAT I HAVE RELIGIOUS FREEDOM (among other benefits).
Anyone who tries to remove those things locally deserves Jail at the very least. I can pick up some roofing tar, and feathers are cheap.
el_bryanto
(11,804 posts)deserves tar and feathering as well, as well as jail?
It's a moot point - once you say you don't care what statute to charge them under and advocate tarring and feathering, you place yourself in as lawless a position as they are. You just favor lawless tactics in support of maintaining a secular Government.
I support a Secular government as well, but I don't hold with jailing people who disagree with me on this point.
Bryant
IdaBriggs
(10,559 posts)Yes, these idiots thought they were just playing a game, but WORDS HAVE CONSEQUENCES and since people have DIED to maintain this UNION OF STATES, I am taking it pretty damn seriously.
You think this is just a game? Women voting, no slavery, freedom of speech -- ??? You think DEFENDING THE CONSTITUTION is a JOKE???
Good day, sir.
I said, GOOD DAY!!!
el_bryanto
(11,804 posts)who challenges it. That includes people I agree with as well as people I disagree with.
They introduced a bill; that's what legislators do. That's not illegal nor should it be, even if it is a controversial and wrong headed bill. If it were seriously going anywhere I'd advocate taking action. It's not, so it ends up being merely curious.
You threat to tar and feather or imprison these guys is similarly specious, as you have not the means to accomplish your goals; so I guess I'm not really that worked up about your proposal either. You just happen to be someone I'm talking to, whereas I'm not talking to the legislators who proposed this.
Bryant
IdaBriggs
(10,559 posts)for me to implement, and are about blowing off steam.
I still want them tarred and feathered. Probably won't happen. I also want Junior in jail. Probably won't happen.
Legislators propose LEGAL laws. These guys made an oath to uphold the constitution of the United States.
I do not take that lightly (although you apparently do, because you don't believe it will go anywhere).
But when you are fighting a war, you have to use political strategy.
Beating these two up (politically) until they don't even THINK about using this strategy again is the *right thing to do*.
They need to be seen as the putrid piles of toxic mess that they are - treasonous, contemptible, and disgusting.
Be amused. Call and let them know how you feel.
onenote
(42,609 posts)The OP and the crazies in NC have that much in common. Both want to violate the constitution.
kestrel91316
(51,666 posts)legislators behind this while pretending not to.
But it's clear you've got their back.
el_bryanto
(11,804 posts)IdaBriggs
(10,559 posts)It isn't exactly the same thing.
hobbit709
(41,694 posts)el_bryanto
(11,804 posts)I suppose I can also see why commissioners in Rowan North Carolina would be perturbed that people are telling them they can't start their meetings with prayer.
Bryant
hobbit709
(41,694 posts)Whenever you pray, do not be like the hypocrites, because they love to pray while standing in synagogues and on street corners so that people can see them. Truly I say to you, they have their reward. But whenever you pray, go into your room, close the door, and pray to your Father in secret. And your Father, who sees in secret, will reward you (Matthew 6:5-6).
WinkyDink
(51,311 posts)el_bryanto
(11,804 posts)It seems to be a reasonably small county - 138,428 people - doesn't seem to be a wealthy county.
Bryant
IdaBriggs
(10,559 posts)riverbendviewgal
(4,252 posts)Step outside please and pray quietly on the side.
RKP5637
(67,089 posts)Ilsa
(61,690 posts)By their constituents over this. They swore an oath to the Constitution. This proposed legislation is a violation of that oath and they should resign or tossed out of office.
WinkyDink
(51,311 posts)el_bryanto
(11,804 posts)pangaia
(24,324 posts)Just leave us all the good stuff---the Outer Banks, the Blue Ridge and Smokies, the universities, the dulcimer makers, the BBQ and the Hickory Crawdads....
Add on whatever you feel we should keep. I'm sure there is lots....
magellan
(13,257 posts)Ligyron
(7,622 posts)I guess they figure states are exempt from this?
Never fly.
IdaBriggs
(10,559 posts)Where is the tar? Where are the feathers?
99Forever
(14,524 posts)... but this kind of crap, is the direct result of capitulating to bullies. Each time these cretins push and we give, it emboldens them to push again harder and farther. Until the top end of the Democratic Party stops capitulating to the assholes, this is the kind of craziness that we can expect. Whether it ever gets passed as legislation really doesn't matter, that it even being considered and made it this far, IS.
Are these loonies traitors that deserve to be arrested? No doubt. But we have confessed war criminals walking free and making huge piles of money that no one in the current administration seems in the least interested in bringing to justice.
onenote
(42,609 posts)Responding to looniness with more looniness doesn't really advance the ball.
angrychair
(8,684 posts)Have they ever read the NC constitution? The Supremacy Clause of the US Constitution says their bill is invalid. Their own state constitution says they can't create laws that supersede the US Constitution. The gOP have gone off the rails. Religion will tear this country apart. I respect someone's right to believe what they want but we cannot allow these fools to dictate public policy. They should no longer be allowed to control the public conversation on the social safety net, immigration, abortion or women's rights or LGBT rights. Religion is a belief system, not a tool to bludgeon and dominate the innocent in our society.
I call on every one, at every opportunity to never again let the truth be inconvenient. As a nation, we are better than that. At least we should be.
IdaBriggs
(10,559 posts)Sec. 12. Oath of members.
Each member of the General Assembly, before taking his seat, shall take an oath or affirmation that he will support the Constitution and laws of the United States and the Constitution of the State of North Carolina, and will faithfully discharge his duty as a member of the Senate or House of Representatives.
longship
(40,416 posts)Don't have mine handy at the moment, but it's in there.
Kber
(5,043 posts)Flo Mingo
(492 posts)Now that our entire state legislature is Red, we are fast approaching the kind of crazy that we thought was just happening in Michigan and Wisconsin. Oh no, my friend, in NC we are now..........
Fast tracking Fracking
http://www.newsobserver.com/2013/02/21/2696785/senate-committee-votes-to-end.html
Working hard to suppress Democratic voters
http://www.newsobserver.com/2013/04/02/2797243/gop-lawmakers-efforts-to-curtail.html
Reducing maximum monthly unemployment payments to $350/mo.
[link:http://www.huffingtonpost.com/2013/02/11/north-carolina-unemployment-benefits-cuts_n_2662511.html|
Trying to steal a major city's water infrastructure and GIVING IT to a private enterprise[link:http://www.mountainx.com/article/49242/McGrady-Moffitt-Ramsey-file-bill-to-move-control-of-Ashevilles-water-system-to-MSD|
Closing the office for Latino outreach[link:http://www.huffingtonpost.com/2013/03/29/pat-mccrory-latino-outreach_n_2979245.html|
Pushing Charter schools while stripping funds from public schools (except for resource officers)[link:http://www.charlotteobserver.com/2013/03/31/3948579/nc-charter-school-bill-is-very.html|
Welcome to North Carolinistan
warrior1
(12,325 posts)and eliminate all federal aid. They would not have any say in who's elected as president or any other office in the federal government.
MineralMan
(146,262 posts)If, by some miracle, it were passed, it would not stand up for a minute in Federal Court.
Didn't you just post another OP on the same thing?
As for being embarrassed for your country, this is a silly bill proposal by a couple of North Carolina morons. It has nothing to do with the country as a whole.
IdaBriggs
(10,559 posts)The point isn't "whether" it will pass - the point is that they actually PROPOSED IT.
Of course they are morons, but if it is minimized it will end up a) costing us money to fight it after the fact, and b) set an UGLY precedent.
The correct strategy is to verbally beat the crap out of them and make them look like fools for having even suggested it.
I think 90% of why Democrats are seen as spineless is because we automatically assume that NO ONE is going to take this type of nonsense seriously - and then it looks like it is acceptable.
I'm calming down; not much. I'm still pissed.
MineralMan
(146,262 posts)Almost none every see the light of day again. There are real, serious, and pressing issues to address. Moronic bills in red states that are unconstitutional on their face are not those issues.
Why waste your time on such things? Calling on people to contact a Governor for a moronic bill he'll never see passed is a waste of their time, too. There's just no point to it. At this stage in the moronic proposed bill, the Governor has no role at all. A bunch of phone calls and contacts will just waste everyone's time.
IdaBriggs
(10,559 posts)YOU POUNCE AND DEFINE THEM BY IT.
In this case, GOP = SECCESSIONIST/PRO-SLAVERY/ANTI-WOMEN VOTING.
Get it? And the worst part, IT IS FREAKING TRUE.
MineralMan
(146,262 posts)be sure to put your message in ALL CAPS. I'm sure that will have a greater impact on him...
IdaBriggs
(10,559 posts)to access medical care if it involves reproduction nearly thirty years after the Supreme Court said it shouldn't be an issue, so you know something?
Sometimes I am going to go ALL CAPS when I have to fight about having NORTH CAROLINA IMPOSE A STATE RELIGION and INSISTING that they can ignore the jurisdiction of the Federal Court system.
Somebody voted these morons into office, which means we have people out there who actually think this crap is a good idea.
You keep thinking because it is stupid, we don't have to worry about it.
It doesn't work that way - we have to play "Whack a GOP Mole" and if they give us a freaking BIG hammer, we need to gleefully be beating the *SHIT* out of them with it until they crawl back under their slime covered rocks!
MineralMan
(146,262 posts)IdaBriggs
(10,559 posts)Can you do that? Can you pick up the phone and say "I know it is stupid, but I just need you to know I think this is a stupid bill"?
I would appreciate it. Thank you.
MineralMan
(146,262 posts)ever even gets TO the committee. I'm busy.
IdaBriggs
(10,559 posts)"See? We are looking out for you!"
MineralMan
(146,262 posts)The people of that state are the ones who elect state legislators. Odds are that wherever the morons who proposed this live, they'll get re-elected by the morons in their district.
I live in Minnesota. That's the only state legislature I work to elect candidates to. Your time and resources may be unlimited, but mine are not. North Carolina will have to continue without my participation, unless I move there.
Seems like your own state could use some attention, too, eh? I've been hearing about some real issues in Michigan. Perhaps you've noticed them, too. Those issues are real and happening right now. This nonsense in NC is going nowhere. Focus...
Manifestor_of_Light
(21,046 posts)January 22, 1973.
I remember that date. I was in college.
Supremacy Clause applies. These people are screaming about "state's rights" and the Tenth Amendment again. This is Federal, not State.
IdaBriggs
(10,559 posts)My points are still the same. These fights shouldn't have to keep being refought, and any idiot who thinks they can negotiate their way out of the Constitution needs to be smacked down so hard their eyebrows are the only thing visible.
Manifestor_of_Light
(21,046 posts)onenote
(42,609 posts)treestar
(82,383 posts)from the 14th Amendment. Citizens of the US (federal) have freedom of religion and states cannot block that with state laws.
And what religion do they propose? Smacks of trying to gain attention.
IdaBriggs
(10,559 posts)jmowreader
(50,533 posts)Would NC like to swap crack-head (as in "there's a crack in their head that done let the brains out" Republicans with Idaho? The current fads up here are:
Federal officials must get permission from the local sheriff to operate.
America is under martial law because courtrooms all have "admiralty flags." An admiralty flag has gold fringe, and since the flag code doesn't say anything about gold fringe...(By the by, the teabaggers' favorite garment is a t-shirt with a flag on it, which is prohibited by the flag code.)
Obama is not the legitimate president because less than 50 percent of all eligible voters, including the people who stayed home, voted for him.
Obama commits sedition, which is the really stupid one. Sedition is fomenting rebellion against the government in power. How the head of the government in power could stir up rebellion against it, they don't say.
treestar
(82,383 posts)So No. Car. is not even a state anymore!
jmowreader
(50,533 posts)I print two of the three most northern papers in Idaho, and the rule is, the farther north you go the more extreme shit gets.(The absolute most northern newspaper runs on my day off.)
Check this shit out: someone up there actually paid $750 to run a 2 columns by 7 inches ad telling everyone about the admiralty flag thing, and how the reason you're nervous when you go to court is you're actually being tried by court-martial. In reality, you should be nervous when you go to court here because we seem to have a factory that manufactures hanging judges. Just in the last week our judges threw one person in jail for two weeks without work release (our records stipulate if someone got work release) for writing one bad check, one person got ten days for driving with expired license, and a couple of people got three days for public intoxication. One of the big questions that was asked at the last sheriff's election was over fixing the jail overcrowding problem. Only one person said the right answer - not lock up the really petit lawbreakers - and you'd have thought the poor man was Mike Dukakis furloughing Willie Horton. The other side of this is, the guy who won is the only candidate not to endorse building an Arpaio Tent City...man, can you imagine the heat bill?
treestar
(82,383 posts)But I bet you've heard about the ultimate authority of the local sheriff. They love that one. The Posse Comitatus should run the county - no outsiders! It's like medieval times.
The interesting thing about the jailing of petit lawbreakers; everyone there would be white? Is there any significant Hispanic population and how do they do?
Captain Stern
(2,199 posts)..coming from a state who's constitution still says that atheists are disqualified from holding office.
hootinholler
(26,449 posts)I really want to see what happens!
Sheepshank
(12,504 posts)that is it....plain and simple
MynameisBlarney
(2,979 posts)These fucking Talibanjelicals are insane.
reflection
(6,286 posts)Since the Constitution applies only the pesky federal government and all.
Lex
(34,108 posts)Last edited Wed Apr 3, 2013, 08:07 PM - Edit history (1)
The GOP finally got control of our legislature after many years of unsuccessfully trying and now they are going wild, in an insane way.
Voice for Peace
(13,141 posts)??????
how do they imagine it would look?
nonbelievers shunned?
EC
(12,287 posts)say something about NOT establishing a religion?
gcomeau
(5,764 posts)If the laws governing the use of the militias were still what the Founders made them. One of those uses being for the president to be able to call them up to enforce the laws of the nation.
Can you imagine the 2nd amendment fetishist tea partiers heads exploding when the militias the 2nd refers to got called up to stomp on their "Christian State" wet dream all Whiskey-Rebellion-Style?
If only...
Socal31
(2,484 posts)They are not.
SamReynolds
(170 posts)When they finally become a nuisance to the Plutocracy.
onenote
(42,609 posts)Article III, Section 3: " Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."
Note the word "only."
Volaris
(10,269 posts)the Establishment Clause only applies to the FEDERAL Government, States can do what they like. Section 2? yeah thats illegal.
Idiots.
On Edit: thanks angrychair, read your post on NC's own state constitution (the part where it says it CAN'T supercede US Federal Law), which means under STATE law, Section 1 of that bill is ALSO illegal. Glad I read all of the responses.
RKP5637
(67,089 posts)young_at_heart
(3,766 posts)If this bill passes then we will have to move!
WillyT
(72,631 posts)indepat
(20,899 posts)either make that historical religion the official state religion or fuck off.
NoGOPZone
(2,971 posts)onenote
(42,609 posts)Last edited Thu Apr 4, 2013, 12:31 PM - Edit history (1)
This is political theater (and bad political theater at that), not a crisis.
NoGOPZone
(2,971 posts)Politicalboi
(15,189 posts)A shit load of Muslims moved there and wanted their laws of religion respected? They have NO idea what they could unleash here. Maybe the feds should stop ALL SSI checks in North Carolina. Let's see how long this lasts.
abq e streeter
(7,658 posts)SHH...Please don't give them any more ideas.