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North carolina legislators are decided to submit a resolution. it's going to establish a state religion in north carolina. christianity will now be the state religion of north carolina, if it passes. is this constitutional? rikki? >> no, it is not. >> why isn't it constitutional? >> well, first of all, if they're thinking this way, they may as well secede from the union. but we've tried that one before, too. it is not constitutional because the first amendment to the united states constitution has a provision that says that you cannot establish a religion. >> okay. so but we all know, historic...

Criminalize that which is already a crime under federal law, failure to complete or carry the documents. if the state law it mimicking it, isn't it constitutional? >> that's right. the president was talking about responsibility here. he's dropped the ball. he's not acting responsibly, he's not protecting the interests of people in arizona. he's not securing the interest of the united states. what as said is if washington isn't going to do it we're going to because it affecting the lives of people in arizona, costing taxpayers billions of dollars every year and threatening the physical security...