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Sun Dec 15, 2013, 06:30 PM

thanks to my son i just learned something interesting.

you can't run for office here unless you profess the belief in "Almighty God"

NC is one of 7 states with such a ridiculous and unprovable requirement. it just amazed me.

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Reply thanks to my son i just learned something interesting. (Original post)
barbtries Dec 2013 OP
Ilsa Dec 2013 #1
barbtries Dec 2013 #6
enlightenment Dec 2013 #2
barbtries Dec 2013 #5
barbtries Dec 2013 #7
enlightenment Dec 2013 #11
barbtries Dec 2013 #12
enlightenment Dec 2013 #15
Triana Dec 2013 #3
aristocles Dec 2013 #4
barbtries Dec 2013 #8
rdharma Dec 2013 #9
barbtries Dec 2013 #10
rdharma Dec 2013 #14
barbtries Dec 2013 #16
aristocles Dec 2013 #13

Response to barbtries (Original post)

Sun Dec 15, 2013, 06:38 PM

1. Why hasn't that been challenged in court? nt

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Response to Ilsa (Reply #1)

Sun Dec 15, 2013, 07:05 PM

6. i'm going to guess

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

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Response to barbtries (Original post)

Sun Dec 15, 2013, 06:39 PM

2. Running for office or hold office, barbtries?

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

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Response to enlightenment (Reply #2)

Sun Dec 15, 2013, 07:04 PM

5. i don't know.

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

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Response to enlightenment (Reply #2)

Sun Dec 15, 2013, 07:07 PM

7. i suppose they can run for office all day long,

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.

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Response to barbtries (Reply #7)

Sun Dec 15, 2013, 07:20 PM

11. They are absurd laws, to be sure.

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.

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Response to enlightenment (Reply #11)

Sun Dec 15, 2013, 07:21 PM

12. interesting concept.

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.

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Response to barbtries (Reply #12)

Sun Dec 15, 2013, 07:38 PM

15. True.

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

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Response to barbtries (Original post)

Sun Dec 15, 2013, 06:42 PM

3. . . .

 

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Response to barbtries (Original post)

Sun Dec 15, 2013, 07:03 PM

4. Not precisely true

 

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

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Response to aristocles (Reply #4)

Sun Dec 15, 2013, 07:08 PM

8. okay.

so you dare not say, "I do not believe in almighty god" - a fine distinction.

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Response to barbtries (Original post)

Sun Dec 15, 2013, 07:10 PM

9. Article 6, section 8 was in effect nullified....

 

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).

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Response to rdharma (Reply #9)

Sun Dec 15, 2013, 07:19 PM

10. then i wonder why it's still on the books.

but, thank you for clearing that up.

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Response to barbtries (Reply #10)

Sun Dec 15, 2013, 07:31 PM

14. Because it would have to be removed by a vote of the people of NC.

 

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!

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Response to rdharma (Reply #14)

Sun Dec 15, 2013, 08:01 PM

16. right

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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Response to rdharma (Reply #9)

Sun Dec 15, 2013, 07:24 PM

13. Interesting

 

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