What is it about GOP state legislators that drives them to create laws that have no hope of surviving constitutional scrutiny yet always succeed in running up millions in legal fees to be paid by taxpayers on the way to failure?
And why is it that these same lawmakers are always among the ones crying foul when taxpayer money is spent on things such as healthcare for children or food stamps for the hungry but gladly blow big money on useless challenges to the United States Constitution?
Apparently, helping kids and seniors get needed healthcare is a shameful waste of taxpayer money while paying lawyers big money to pursue hopeless cases that only serve to further political careers is both noble and enlightening.
Over the past few years, red state after red state has taken to passing anti-abortion laws designed to subvert the Supreme Court’s judgment in Roe v. Wade—despite the reality that these state laws, on their face, clearly violate the law.
Recently, many have watched in amazement as Mississippi legislators filed a piece of legislation that would establish a state committee empowered to decide which federal laws the state will agree to follow and which ones they will chose to ignore. According to these Mississippi state lawmakers, they possess the power to ignore any federal law they wish as a result of their state sovereignty—despite a United States Constitution that clearly says otherwise.
But now, in what can only be seen as the coup de grâce in a Republican rebellion against the U.S. Constitution which is sweeping the nation, legislators in North Carolina are preparing to take on one of the most fundamental notions upon which our nation was founded—the freedom of religion and the importance of that pesky wall that separates church and state.
Meet North Carolina Representatives Carl Ford (R-China Grove) and Harry Warren (R-Salisbury), the primary sponsors of a bill introduced into the state’s General Assembly that would clear the way for the state to adopt an official, state religion.
The proposed law, introduced earlier this week, states that the Establishment Clause in the First Amendment—which prohibits Congress from passing laws respecting the establishment of religion or prohibiting the free exercise of religion in America—simply does not apply to the states. The bill goes on to proclaim the sovereignty of the states in this matter while proclaiming that each state is free to make its own laws respecting an establishment of an official religion and that such an establishment cannot be blocked by either Congress or the judiciary.
If you are of the mind that these North Carolina lawmakers have it right, allow me to introduce you to Lemon v. Kurtzman, 403 U.S. 602 (1971), the U.S. Supreme Court case that established the three-pronged test—called “The Lemon Test”— for determining when a state has run afoul of the First Amendment’s Establishment Clause:
The law or state policy must have been adopted with a neutral or non-religious purpose.
The principle or primary effect must be one that neither advances nor inhibits religion.
The statute or policy must not result in an “excessive entanglement” of government with religion.
Clearly, there is no way that a state can create an ‘official’ religion without going very wrong when it comes to meeting The Lemon Test as established by the highest court in the land.
We should not be overly surprised that such an effort to ‘break’ the Constitution—not to mention the will of the Founders—should come from the state of North Carolina. This is the same state that continues to have a provision in its State Constitution requiring that nobody may run for a public office in the state unless that candidate affirmatively states his or her belief in God. Never mind that such a requirement is, again, in direct contradiction to the U. S. Constitution’s prohibition against religion as a prerequisite for serving in public office or the many writings of the Founders expressing their strong feelings against religion as a disqualifying factor for holding office.
And never mind that North Carolina has never removed this requirement from their Constitution despite the Supreme Court’s ruling in Torcaso v. Watkins, 367 U.S. 488 (1961) which held that such a law violate the First and Fourteenth Amendments to the United States Constitution. It was in the Torcaso case that the Court wrote—
“We repeat and again reaffirm that neither a State nor the Federal Government can constitutionally force a person “to profess a belief or disbelief in any religion.” Neither can constitutionally pass laws or impose requirements which aid all religions as against non-believers, and neither can aid those religions based on a belief in the existence of God as against those religions founded on different beliefs.”
So, is this latest effort to subvert a fundamental premise upon which this nation was founded simply the work of a few misguided public officials in North Carolina looking to score some points with the electorate?
Sadly, it is not.
Joining in the fun, as a co-sponsor of the bill allowing North Carolina to establish an official state religion, is one of the most powerful members of the North Carolina General Assembly, GOP Majority Leader Edgar Starnes. Apparently, expecting a leader in so important a role to show some fealty to the law and the legal underpinnings of the nation is asking a bit too much when compared to the opportunity provided that elected official to score a few political points.
I would call these ‘cheap’ political points but there is nothing cheap about the bills the state will rack up as they work to move their faulty legislation up to the United States Supreme Court in order to make their point.
For me, the overriding question presented by this latest effort to subvert the Constitution is just how long it will take for those who self-identify as strict constitutionalist—typically people who also identify as Republicans—to understand that their taxpayer dollars are being squandered by the millions by their elected officials.
When public servants have come to the point where they are desirous of turning their backs on citizens of their state whom may not subscribe to the same religious beliefs of those elected officials, we are on the road to an America that the Founders would neither recognize nor approve.