Talk:Constitution of North Carolina

United States: North Carolina Mid‑importance

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Infeasible Provisions

I removed reference to a nonexistent case, Vosswinkel v. Hunt. From a search of LexisNexis and Westlaw, I can find no case in the entire history of the United States by that name, nor by any similar name. It seems that all references to the case on the Internet come from this page. The only time I see N.C. Const. art. VI, § 8 squarely referenced with regards to the religious test in North Carolina state or federal case law is in Brooks v. Edwards, 396 F. Supp. 662, 664 (W.D.N.C. 1974), where the entire treatment of the clause is made in two sentences:

He complains of denial of due process and equal protection in that the grand jury and the petit jury were illegal because of the requirement of the North Carolina Constitution, Article VI, Section 8, that all qualified jurors must believe in God. This claim, if valid, cannot not be considered here because state remedies have not been exhausted.

This far from overturns the provision; in fact, it appears to endorse it if anything. I have, however, added a reference to an Opinion of the North Carolina Attorney General, Opinion of Attorney General to Mr. Clyde Smith, Deputy Secretary of State, 41 N.C.A.G. 727 (1972), in which the Attorney General states that the provision violates the U.S. Const, amend. I. See Libertarian Party of N.C. v. State, 200 N.C. App. 323, 338 n.2, 688 S.E.2d 700, 711 n.2 (2009). I haven't gotten a hold of the actual text of the Attorney General's Opinion, but I can grab it from the library if anyone actually wants to see it. (I may do so anyway.) SQFreak (talk) 00:48, 11 July 2011 (UTC)[reply]