On 12/12/2012 9:45 AM, Warp wrote:
> Article 6 of the United States constitution says the following:
>
> "[...] but no religious test shall ever be required as a qualification
> to any office or public trust under the United States."
>
> Article 6 of the North Carolina constitution states the following:
>
> "The following persons shall be disqualified for office:
>
> First, any person who shall deny the being of Almighty God. [...]"
>
> The contradiction could not be clearer.
>
> Could someone explain to me how this is *possible*? Does nobody in the
> United States actually enforce the constitution and make sure that the
> member states follow it?

In the Constitution, the term "United States" refers to the federal 
government of the United States, and not the government of any single 
state underneath it.  When referring to the state governments, the 
Constitution employs the term "State" or "the several States."

As an example, the Fourteenth Amendment makes use of specific language 
to indicate that it applies to the state governments as well as the 
federal government:  "But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States..."

The phrase "any office or public trust under the United States" means 
offices of the *federal* government only, and thus the prohibition on 
religious tests applied only to federal offices at the time these were 
written.  It is not a prohibition on the state governments.

But as I mentioned before, the provision in the NC state constitution is 
a dead letter.  I'm not aware of any court decision upholding it, 
certainly not in our lifetimes.  Wikipedia discusses this at some length 
here: 
http://en.wikipedia.org/wiki/North_Carolina_Constitution#Infeasible_Provisions

Regards,
John

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