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To: andy_card
First of all that which is created cannot be greater than the Creator.

The Federal Govt was Created BY the states, not vice versa. A lower Federal court is NOT superior to a State Court. Especially concerning a STATE issue. This IS a State issue.

Secondly, nowhere in the Constitution will you find anything that says the State and Religion must be kept separate. What it DOES say is that Congress shall make NO law that ESTABLISHES a religion.

" Congress shall make no law respecting an establishment of religion, OR prohibiting the free exercise thereof"

Third, which references the First point. This is a Classic 10th Amendment issue. The Federal Government or it's judiciary, has NO constitutional Right to tell the states what they can and cannot do.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Nowhere in the Constitution does it give the Federal Govt the Right to tell the states what to do. If it does not specify that, then it does not have the power.

Period
331 posted on 11/19/2002 11:35:56 AM PST by Leatherneck_MT
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To: Leatherneck_MT
First of all that which is created cannot be greater than the Creator.

Tell that to the Pharoah Khufu.

A lower Federal court is NOT superior to a State Court. Especially concerning a STATE issue. This IS a State issue.

Actually, the Feds do have jurisdiction here, because this concerns the First Amendment to the United States Constitution.

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

Nowhere in the Constitution does it give the Federal Govt the Right to tell the states what to do. If it does not specify that, then it does not have the power.

C.F. The Fourteenth Amendment.

394 posted on 11/19/2002 12:22:24 PM PST by andy_card
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