To: smith288
I'm still trying to figure out what happened to the original intent of the "
Congress shall make no law" clause: Roughly TEN of the 13 original states had an established STATE RELIGION, including Jefferson's Virginia, BTW. The last such was disbanded (officially) by Massachusetts (1820's? maybe as late as 1841 if memory serves).
Moore was arguing that this was a state right, and that he disobeyed a Federal Order due to jurisdictional questions. Nobody has really been talking about that point. This is no so much about the First Amendment as it is about the Ninth and Tenth Amendments.
85 posted on
11/13/2003 9:45:56 AM PST by
alancarp
(With all of that sweeping under the rug, it's a wonder how DEMs can walk on their lumpy carpets.)
To: alancarp
This is a red herring. He did not have authority from the elected officials of the state. He put the rock in on his own. Instead of grandstanding, he could have worked through the political system to have them installed. I can't believe all the people here who want a judge to have dictitorial powers.
94 posted on
11/13/2003 9:48:58 AM PST by
sharkhawk
(I want to go to St. Somewhere)
To: alancarp
Moore was arguing that this was a state right, and that he disobeyed a Federal Order due to jurisdictional questions. Nobody has really been talking about that point. That's because it's a load of cr@p.
Federal courts have jurisdiction over violations of the U.S. constitution by agents of state governments.
Moore violated the First Amendment by attempting to establish his religion as a preferred state religion of Alabama.
His intent to do so was definitively proven by his own words.
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