Because why should Texas get all the crazy?
Ever since the 2010 election ushered in Republican super-majorities to both North Carolina's state Senate and its House of Representatives (collectively, the General Assembly), citizens of the Tarheel State have been stunned witnesses to the devolution of polity into something more like the Law of the Jungle. In the run-up to the 2016 election, in which all 170 General Assembly seats will be up for grabs, it seems good to chronicle the continuing stream of bills our North Carolina New Crazy GOP legislators are deliberating (if one may use that term). Because if only young and middle-aged Dems can be persuaded to actually bother to show up at the polls in strength on November 8th, 2016 (Ds outnumber both Rs and independents in NC), these clowns might just have to answer for their continuing malfeasance.
This week's featured bills:
Religious Freedom Restoration Act
Firearms Freedom Act
Constitutional Amendment Convention
(Apologies to the many, many other strong contenders for recognition this week who are not mentioned herein. Space simply doesn't permit me to acknowledge all of the many impressive efforts GOP legislators in North Carolina are making)
What's New and Notable in the Cuckoo's Nest (through March 29):
House Bill 348/Senate Bill 550: NC Religious Freedom Restoration Act
The crux (if you will) of these identical and simultaneously introduced acts:
State action shall not burden a person's right to exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person's exercise of religion in this particular instance: (1) Is essential to further a compelling governmental interest; and (2) Is the least restrictive means of furthering that compelling governmental interest.
The language of HB348/SB550 for the most part mirrors that of 'Religious Freedom Restoration Acts' (RFRAs) that have already been adopted into law in 18 other states (
AL,
CT,
FL,
ID,
IL,
IN,
KS,
KY,
LA,
MS,
MO,
NM,
OK,
RI,
SC,
TN,
TX,
VA), but with a few important exceptions that render the North Carolina bill among the most draconian ever introduced:
- The bill defines a 'person,' for the purposes of this act, as: "Any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity" - i.e., a 'person' of the Hobby Lobby persuasion. Among the 18 current state RFRA laws only four explicitly define 'person' as other than an individual, and only two - South Carolina and Indiana - include corporations and other non-religious organizations.
- Some RFRA states' laws provide specific penalties for fraudulent or frivolous applications. North Carolina's bill does not.
HB348/SB550, like its kin in other states, is modeled on the federal Religious Freedom Restoration Act of 1993 (RFRA), introduced by Chuck Schumer and signed into law by Bill Clinton, motivated by efforts to protect Native Americans' rights to their sacred grounds and to employ peyote in their religious rites. It was ruled unconstitutional as applied to the states, but continues to apply to the federal government.
The simultaneous introduction of this bill in both the Senate and the House looks a lot like a signal that NC Republicans have decided to go the broad RFRA route, rather than the much more narrowly crafted Senate Bill 2, previously introduced by president pro tem Phil Berger, which would merely empower county magistrates to refuse to perform marriages based on their religious objections. The RFRA accomplishes all of that, and so much more, without being quite so blatantly homophobic. Personally, I now look for swift passage of HB348/SB550 in the General Assembly while SB2 dies in committee.
Primary Sponsors:
Rep. Jacqueline Schaffer [R] (Mecklenburg). Email: Jacqueline.Schaffer@ncleg.net. Phone: 919-733-5886. Schaffer is one of the most rabid ideologues in the NC GOP (which is saying something).
Rep. Dan Bishop [R] (Mecklenburg). Email: Dan.Bishop@ncleg.net. Phone: 919-715-3009.
Sen. Warren Daniel [R] (Burke, Cleveland). Email: Warren.Daniel@ncleg.net. Phone: (919) 715-7823.
Sen. Buck Newton [R] (Johnston, Nash, Wilson). Email: Buck.Newton@ncleg.net. Phone: (919) 715-3030.
Sen. Dan Soucek [R] (Alleghany, Ashe, Avery, Caldwell, Watauga). Email: Dan.Soucek@ncleg.net. Phone: (919) 733-5742.
Current Status: introduced in the House and Senate. HB348 referred to the Committee on the Judiciary IV.
Senate Bill 648: NC Firearms Freedom Act
SB648 attempts to redefine our nation's already weak-kneed gun control laws by declaring that firearms or ammunition manufactured in North Carolina and staying in North Carolina are not subject to federal regulation:
A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in North Carolina and that remains within the borders of North Carolina is not subject to federal law or federal regulation [....] Public employees employed at the federal, State, or local levels, including, but not limited to, agents of the Federal Bureau of Investigation, Department of Homeland Security, Federal Bureau of Alcohol, Tobacco, and Firearms, State Bureau of Investigation, Highway Patrol, sheriff's departments, and municipal and county police departments may not within North Carolina enforce the provisions of the federal statutes or federal regulations upon a firearm, firearms accessory, or ammunition. Violation of this section is a Class 1A misdemeanor.
Some interesting consequences of SB648, should it pass into law, might include:
- Sale, ownership, and possession of certain exotic firearms and accessories which are, today, highly regulated, would become completely legal (so long as they were manufactured and retained in-state). This would seem to include machine guns and other fully automatic weapons, silencers, grenade launchers, and ammunition with explosive or incendiary bullets, to name but a few.
- TSA agents at North Carolina airports would be powerless to prevent passengers from boarding flights while carrying NC-manufactured guns, thus doubtless requiring the FAA to ban interstate flights originating in North Carolina.
- Federal correctional facilities in North Carolina would be powerless to prevent inmates from keeping and bearing NC-manufactured guns.
- Federal background checks prior to purchasing an NC-manufactured firearm from a dealer would be forbidden, enabling felons, those under restraining orders, and others to purchase weapons legally.
- During visits to North Carolina by holders of - or candidates for - federal office, those visitors' federal security details (such as Secret Service agents) would be powerless to shield the visitors from individuals bearing NC-manufactured firearms
- Federal law enforcement officers (such as FBI agents) investigating federal crimes in North Carolina would be powerless to disarm apprehended suspects bearing NC-manufactured firearms.
- U.S. military installations in North Carolina - such as the Marine Corps' Camp Lejeune - would be powerless to regulate NC-manufactured firearms brought on base by visitors or carried by its on-duty military personnel.
- North Carolina would likely become the preeminent go-to source for gun-traffickers nationwide, no doubt requiring neighboring states and the federal government to seal its borders.
Primary Sponsor:
Sen. Norman Sanderson [R] (Carteret, Craven, Pamlico). Email: Norman.Sanderson@ncleg.net. Phone: (919) 733-5706.
Current Status: Introduced in the Senate; not yet referred to committee.
Nota bene: Sen. Sanderson's district borders Camp Lejeune and is home to many of its personnel. Sanderson, a self-described Christian, is the owner of Kids Heaven day care center. Jesus wept.
Senate Join Resolution 507: Constitutional Amendment Convention
S507 petitions the United States Congress to convene an Article 5 convention to amend the U.S. Constitution, to establish that
State Legislatures in the several States shall have the authority to Countermand and rescind any Congressional Statute, Judicial decision, Executive Order, Treaty, government agency's regulatory ruling, or any other government or non‑government mandate (including excessive spending and credit) imposed on them
Next stop: Fort Sumter. Does this bill really require any additional commentary?
Primary Sponsor:
Sen. Ralph Hise [R] (Madison, McDowell, Mitchell, Polk, Rutherford, Yancey). Email: Ralph.Hise@ncleg.net. Phone: (919) 733-3460 .
Current Status: Introduced in the Senate; referred to the Committee on Rules.
Nota bene: Sen. Hise is an employee of Mayland Community College, in the Appalachian Mountains. In the 2012 election cycle, 1-term incumbent Hise's re-election campaign was among the state's most expensive Senate campaigns. His major funders were the Republican Party and a number of healthcare companies and associations representing the healthcare industry.