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thanks to my son i just learned something interesting. (Original Post) barbtries Dec 2013 OP
Why hasn't that been challenged in court? nt Ilsa Dec 2013 #1
i'm going to guess barbtries Dec 2013 #6
Running for office or hold office, barbtries? enlightenment Dec 2013 #2
i don't know. barbtries Dec 2013 #5
i suppose they can run for office all day long, barbtries Dec 2013 #7
They are absurd laws, to be sure. enlightenment Dec 2013 #11
interesting concept. barbtries Dec 2013 #12
True. enlightenment Dec 2013 #15
. . . Triana Dec 2013 #3
Not precisely true aristocles Dec 2013 #4
okay. barbtries Dec 2013 #8
Article 6, section 8 was in effect nullified.... rdharma Dec 2013 #9
then i wonder why it's still on the books. barbtries Dec 2013 #10
Because it would have to be removed by a vote of the people of NC. rdharma Dec 2013 #14
right barbtries Dec 2013 #16
Interesting aristocles Dec 2013 #13

barbtries

(28,793 posts)
6. i'm going to guess
Sun Dec 15, 2013, 07:05 PM
Dec 2013

that no atheist has been brave enough (or foolhardy enough) to declare their atheism while running for office; or if they did, they lost.

enlightenment

(8,830 posts)
2. Running for office or hold office, barbtries?
Sun Dec 15, 2013, 06:39 PM
Dec 2013

How on earth could they enforce that ridiculous unconstitutional requirement for a candidate?

barbtries

(28,793 posts)
5. i don't know.
Sun Dec 15, 2013, 07:04 PM
Dec 2013

my son and i are sitting across from each other; i'm doing homework, he's watching football and reading his reddit feeds.
i googled this:
Article 6, section 8 of the North Carolina constitution states: "The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God."

http://newsweek.washingtonpost.com/onfaith/undergod/2009/12/atheist_swears_affirms_oath_in_nc.html

barbtries

(28,793 posts)
7. i suppose they can run for office all day long,
Sun Dec 15, 2013, 07:07 PM
Dec 2013

but they can't HOLD office according to the law.

what amazes me the most is that as far as i know the law - clearly unconstitutional - has not been challenged. not so much that people in charge in this state are so full of their religiosity that they would make it a law.

enlightenment

(8,830 posts)
11. They are absurd laws, to be sure.
Sun Dec 15, 2013, 07:20 PM
Dec 2013

I don't think any of the states that still have them on the books would dare to trigger them. I'm sure the ACLU has all the briefs pre-written and ready to roll, should they try.

Of course that didn't stop Texas (?I think it was them) from trotting out their ancient sodomy law not long ago. Frankly, I think the states should be required to hold a constitutional convention every 20 years, just to make sure that their legal foundations are up to snuff.

barbtries

(28,793 posts)
12. interesting concept.
Sun Dec 15, 2013, 07:21 PM
Dec 2013

but considering the way the power in this state is sitting with virtual neanderthals, i'd hate to see the outcome of such a convention these days in NC.

enlightenment

(8,830 posts)
15. True.
Sun Dec 15, 2013, 07:38 PM
Dec 2013

Some states might need independent commissions to oversee the process . . . or UN Peacekeeping forces . . .

 

aristocles

(594 posts)
4. Not precisely true
Sun Dec 15, 2013, 07:03 PM
Dec 2013

You don't have to profess the belief in Almighty God. But you can't "deny the being of Almighty God".

 

rdharma

(6,057 posts)
9. Article 6, section 8 was in effect nullified....
Sun Dec 15, 2013, 07:10 PM
Dec 2013

By the US Supreme Court in 1961 (Torcaso v. Watkins 376 US 488).

NC can't require a "religious test" for office even if they have retained that provision in the NC constitution.

Federal law trumps state law (especially when the state law is unconstitutional).

 

rdharma

(6,057 posts)
14. Because it would have to be removed by a vote of the people of NC.
Sun Dec 15, 2013, 07:31 PM
Dec 2013

And living in NC, you know that's not going to happen.

I moved here a year ago and I was simply amazed how crazy the RW religious fanatics were and the political power they wield.

I was planning on moving ASAP...... but I decided I'm going to stay and fight these SOBs!

Welcome to the resistance!

barbtries

(28,793 posts)
16. right
Sun Dec 15, 2013, 08:01 PM
Dec 2013

i got here 6 years ago and it's enough already for me - though i will be here for some time to come.

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