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To: Non-Sequitur

"which places the U.S. Constitution in a position above state constitutions and local laws."

This is true as far as it goes. If a local or state law violated the US Constitution, that law is null and void. But the Federal Courts' jurisdiction does not extend to all things. The States, localities and people retain the power to act in areas not granted to the Federal government.

The Ten Commandments case was a perfect example. Supposedly, placing it there was a violation of the first amendment. However, the text states that "Congress shall make no law respecting an establishment of religion". Congress did not place the monument there, placing it there did make anything law, nor did it establish any religion. So where is the Federal authority to say anything on this.

I realize this is going against Supreme Court precedent, but we have a written Constitution, not the commone law tradition of judges making law down through the ages.


13 posted on 06/01/2006 6:29:18 AM PDT by cotton1706
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To: cotton1706
nor did it establish any religion

Puh-leeze. The assertion that such a monument (and the specfic refusal to allow other points of view to be similarly presented) in court does not establish the preferred status of certain religions over others so far as this moonbat judge is concerned is laughable.

15 posted on 06/01/2006 6:33:34 AM PDT by steve-b (hardcore 'social' conservatives are to the Rs what the hardcore moonbat eco-nuts are to to the Ds)
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To: cotton1706

You know, eventually, someone will make the glib argument, "well, this States vs Federal thing was solved in 1865".


32 posted on 06/01/2006 7:19:23 AM PDT by Tench_Coxe
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To: cotton1706
The States, localities and people retain the power to act in areas not granted to the Federal government.

True.

Supposedly, placing it there was a violation of the first amendment. However, the text states that "Congress shall make no law respecting an establishment of religion". Congress did not place the monument there, placing it there did make anything law, nor did it establish any religion. So where is the Federal authority to say anything on this.

The Courts have taken the position that states cannot take steps respecting the establishment of religion, either. And the state's constitution also forbids it. By placing a monument bearing a version of the 10 Commandments followed by specific sects of Christianity then Moore was using his position to place them above Roman Catholics or Jews, not to mention non-Christian religions. That's a no-no.

36 posted on 06/01/2006 8:03:56 AM PDT by Non-Sequitur
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