On Thu, 10 Dec 2009 18:54:04 -0500, lil abner wrote:

jps wrote:


Rights enshrined in the U.S. Constitution trump the restriction in the
state constitution, said Bob Orr, executive director of the N.C.
Institute for Constitutional Law.

?I think there's any number of federal cases that would view this as
an imposition of a religious qualification and violate separation of
church and state,? said Orr, a former state Supreme Court justice.

In 1961, the U.S. Supreme Court ruled Maryland's requirement for
officials to declare belief in God violated the freedom of religion
guaranteed by the First Amendment.

Additionally, Article VI of the U.S. Constitution says: ?no religious
Test shall ever be required as a Qualification to any Office or public
Trust under the United States.?
It's amazing how many cherry pick which Constitutional demands apply
these days.
Tje same bunch that says the Constitution trumps State law still won't
say the Second Amendment trumps local Laws.

it doesn't. and there's a very good reason for that. it's called 'the
law'.

it deals with an issue called 'incorporation'...that is, which laws do
and don't apply to states and the federal govt. the legal basis is the
14th amendment to the constitution.