How N.C. laws can survive unconstitutionality

“Legislators in North Carolina have proposed a bill declaring that the First Amendment to the U.S. Constitution, which prohibits the government from establishing a state religion, does not apply to the state. [The bill has now been declared DOA in the N.C. House.]

“North Carolina is no stranger to breaching the wall between church and state: Article VI, Section 8 of the state constitution already bars nonbelievers from holding office. Although the law has been declared unconstitutional, it remains on the books.

“Do unconstitutional laws just hang around forever?”

— From “How a Bill Becomes Not a Law” on Slate (April 4, 2013)

Among those contributing their expertise: Michael Gerhardt of the University of North Carolina School of Law.

 

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