Thursday, December 24, 2009

Violation of the Constitution

Well it appears that in North Carolina, certain political opponents of  Councilman Cecil Bothwell are trying to sue the city for accepting him for the office.

Why? Because he's an atheist.

"The question of whether or not God exists is not particularly interesting to me and it's certainly not relevant to public office" - quoth Bothwell. Bothwell won the local elections with a platform that supported limiting the height of buildings downtown and saving trees in the city center, something that obviously was of great appeal to the people down there.

When it came time for him to be sworn in, he did not place his hand on the bible but kept it at his side, and his oath did not include anything to do with "the Almighty God" as it usually does for others.

Certain conservative activists are very angry with this, citing an obscure clause of the North Carolina constitution which prohibits atheists from holding public office (which has been in place since 1868.) Now they're threatening legal action.

Bothwell is a bit amused and unsure of how he got so much attention when he hasn't even "done anything yet." He thinks it's more about them being angry that they lost the election than it is about anything else.

The best and most qualified people for the job are still the best and most qualified regardless of their religious convictions (or lack thereof.) The people elected this man, so clearly the majority did not have an issue with him being an atheist. Religion should not play a part in politics, and here in this country, we uphold the separation of church and State.

Even if Bothwell's opponents do go through with legal action, they can't win. 

For one thing, the 1st and 9th Amendments to the Constitution, yes the Constitution, prohibit this.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - First Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. - Ninth Amendment
..and Article VI, section 3 has something to say on this as well...
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. - Article VI, section 3 of the US Constitution 
North Carolina must bow to the Constitution, because it's own is in violation of Mr. Bothwell's rights, and so is every other state that has and enforces laws such as this.  (Those states being Arkansas, Maryland, Pennsylvania, South Carolina, Tennessee and Texas.)
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. - Supremacy Clause of the US Constitution, article VI, paragraph 2
There you have it. North Carolina must comply. Any legal action that Bothwell's opponents take will be overruled by the 'supreme Law of the Land.' There's no way around it. 

Plus, the people voted him in, so clearly the were ready for him and did not believe that Bothwell's personal convictions about religious matters made a damned bit of difference on his ability to lead them.

Hey, if those conservatives groups out there who are angry about it want to fight against the Supreme Court, let them do it. If they think it's wrong, let them argue against it all they want. If they won't acknowledge their defeat, let them fight. They will lose, and they will bow to the master.

God wouldn't care about atheists in office, he wouldn't give a damn. If he hasn't cared about murders and tyrants in office, then destroying atheist councilmen must, frankly, be very low on his list of priorities. 

Your god is not almighty, for he is legislated by my laws, and I have decided that he has no place in them. Your god bows to the people; the people do not bow to your god.

So it is written, so shall it be done.

Amen.

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