Court: Religious N.C. College Can't Have Police

Fox News ^ | August 19, 2010 | AP

[nmh]

RALEIGH, N.C. – A prestigious North Carolina private college cannot have police officers with the power to arrest suspects and enforce state law because the school is a religious institution, the state Court of Appeals ruled Tuesday.

...

Allowing the school's security officers to carry out laws on behalf of the state violates the U.S. Constitution's prohibition against laws establishing religion by creating "an excessive government entanglement with religion," Judge Jim Wynn wrote in the unanimous opinion.

[The Pack Knight]

This is a serious and perhaps ignorant question for me to pose, but what prevents ordinary citizens from detaining a suspect, placing charges against the suspect, convening a Grand Jury, arraigning the suspect, gathering evidence, calling witnesses, holding a trial, and imposing a sentence? (Assume all participants slept at a Holiday Inn the pervious night)

The law prevents it. Those citizens would be guilty of a number of crimes, starting with kidnapping. Any trial they held and any sentence they imposed would have no legal force.

[bvw]

Good outcome, bad reason. Colleges need security, but need not to be cops upholding the onerous, niggardly and overabundant laws of our modern times. Watchmen, protectors and first responders are all that is needed. Those roles do not mesh well with much of the modern ‘cops’ ethos.

[mrsixpack36]

Correct me if i am wrong—but public universities have elected representation who can hold employees accountable. Private schools do not. Why would we want public enforcement without public accountability?

[bitterohiogunclinger]

“To do anything else is to discriminate on the basis of religion.”

I’ll play devils advocate. I contend that no institution should have police powers if they are not controlled by elected representatives.

[The Pack Knight]

A NC state lawmaker should start impeachment proceedings for these three judges. They obviously either a) are completely ignorant of what the First Amendment means or b) have no desire to uphold their oath of office. Either way, they have to go.

Maybe you should read the decision before throwing around accusations like that. Those three judges were bound by two prior North Carolina Supreme Court cases.

[longtermmemmory]

IOW these judges flunked constitutional law and could not practice law in the real world.

[CFIIIMEIATP737]

LeTourneau University in Longview, TX has campus police that are sworn police officers, carry firearms, and have the power to arrest. LeTourneau University is an unapologetic evangelical Christian college. This year again it is ranked highly in U.S. News and World Report as one of America’s best universities.

Of course, here in Texas, we probably have a little different attitude toward guns and justice.

[The Pack Knight]

IOW these judges flunked constitutional law and could not practice law in the real world.

Why? Because they followed binding case law established by the State Supreme Court? That's kind of what intermediate appellate judges are supposed to do.

[Rodamala]

oh... i see. so you just need a badge or a title and you are good to go? hmm?

[LoneRangerMassachusetts]

but what prevents ordinary citizens

The amount of arms at their disposal. They will need more than the state and the will to use them.

[csmusaret]

Davidson College is also the alma mater of our late friend Tony Snow.

[j_tull]

Congrats on your ablilty to interpret that. I had to read it several times before I understood your agreement with the poster (which obviously forget its helmet). No wonder they call them liberal arts colleges.

[nmh]

“Davidson College is also the alma mater of our late friend Tony Snow.”

I didn’t know that.

I miss him.

He was a treasure.

[nmh]

I'd bet you that students aren't allowed to carry any gun. They most likely have a “gun free zone” that criminals don't respect. These NUTS have guns. Universities typically don't.

[nmh]

They'll arrest the CITIZEN for taking down a criminal and charge them with premeditated murder - that wouldn't shock me.

[Old North State]

I’ll play devils advocate. I contend that no institution should have police powers if they are not controlled by elected representatives.
I suppose that’s fair enough if they are also not subject to the laws those representatives pass, nor taxation. All these bizarre considerations are a product of overreach on the establishment clause. Policing colleges is hardly a step toward establishing a state religion and a good example of what happens when judges stray from original intent and start splitting hairs to promote their own vision of society.

[MrEdd]

No judge is ever bound by ANY supreme court case.

Don't spout indefensible stupidity neither you nor anyone who looks at it can defend

Roe V Wade was not testing a new happenstance that had never come up in American jurisprudence before. And it overturned a century of precedence.

Thank you for playing.

Next contestant.

[The Pack Knight]

No judge is ever bound by ANY supreme court case.

Don't spout indefensible stupidity neither you nor anyone who looks at it can defend

You must have gotten your understanding of the law from the same place Orly Taitz did. Seriously, the fact that you're allowed to vote while being this ignorant is depressing.

[EDINVA]

“....he left the state bench to join the 4th U.S. Circuit Court of Appeals last week.”

Doesn’t that say it all right there? The 4th Circuit, FReepers should know, is the one that reversed the jury decision in Maryland against Westboro Baptist Church and the Phelps family.

[nmh]

You are SHARP!

Thanks for reminding us.