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An Open Letter to Chief Justice John Glover Roberts, Jr. / North Carolina Constitution

Dear Chief Justice Roberts,

I am a citizen of the United States of America. I am a citizen of the Great State of North Carolina. I am a citizen of the City of Asheville, North Carolina. And I am a Vietnam era war veteran, who as a student at the University of Minnesota under the GI Bill received both B’s in Constitutional Interpretation and English.

I write this letter to you because I have come to the end of the road in trying to secure an answer as to why the City Council in the City of Asheville can be allowed to operate itself above the Constitutional law of our State. I refer to Article VI, sections 7 & 8 of the North Carolina Constitution. Section 7 (the Oath) clearly states that a person taking office must either affirm or swear to the Almighty God that they will uphold the duties of their office. Section 8 (Disqualification) clearly states that if a person does not believe in the Almighty God, they are disqualified from taking office.

I was told by the Lt. Governor who heads up the Legislative Body that the Legislature has no say in this matter, and that it was a legal matter. I was completely ignored by the State Attorney General and the North Carolina Department of Justice. And after asking the question of several legal entities, I am told that the Federal Constitution would trump the North Carolina Constitution, as Article VI would be defined as a religious test by your court.

Clearly what the Framers had in mind in defining a religious test and adding it to the Constitution was based on test given in England to those seeking political office, and in no way fall into the parameters of the declarative statement made by the Framers of the State Constitution that if one does not believe in God, they could not earn the peoples trust to do their business.

And if you so choose to define this law as unconstitutional, it must be changed by an Amendment of a peoples convention along with the Legislative body. And no entity should be above the law. The City Council should have sought a resolve to this question before seating an atheist to its governing body. No man should be above the law, whether it be a good law or bad.

I was first told that I needed $68,000.00 to secure legal help to get an answer to my question on this matter from your court, and now am being told that it might cost $250,000.00. I find it obscene that all I can get is speculation on to the legality of the actions of this City and State in this matter. As a citizen, can I get an answer from you?


H.K. Edgerton
Southern Heritage 411