Republican lawmakers in North Carolina have introduced a bill declaring that the state has the power to establish an official religion — a direct challenge to the First Amendment.
One professor of politics called the measure “the verge of being neo-secessionist,” and another said it was reminiscent of how Southern states objected to the Supreme Court’s 1954 integration of public schools.
The bill says that federal courts do not have the power to decide what is constitutional, and says the state does not recognize federal court rulings that prohibit North Carolina and its schools from favoring a religion.
The bill was introduced Monday by two Republican representatives from Rowan County, north of Charlotte, and sponsored by seven other Republicans. The party controls both chambers of the North Carolina Legislature…
The bill does not specify a religion.
The North Carolina ACLU chapter said in a statement Tuesday that the sponsors of the bill “fundamentally misunderstand constitutional law and the principle of the separation of powers that dates back to the founding of this country…”
Professor Michael Bitzer…said the bill is based on discredited legal theory that the states can declare themselves exempt from federal law.
“We saw this in the aftermath of Brown v. Board of Education,” he said, referencing the integration ruling. “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.”
Some folks in Confederate Republican politics still don’t believe they lost the Civil war. Why expect them to understand the Constitution?