Posted on 08/20/2003 3:36:00 PM PDT by chance33_98
Supreme Court Denies Judge Moore Plea For Stay; Midnight Removal Deadline Remains, Says People For the American Way
8/20/03 5:37:00 PM
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To: National Desk, State Desk
Contact: Peter Montgomery of People For the American Way, 202-467-4999
WASHINGTON, Aug. 20 /U.S. Newswire/ -- The U.S. Supreme Court today denied a last-minute plea by Alabama Chief Justice Roy Moore to stay a federal court order requiring the removal of a massive Ten Commandments monument Moore installed in the rotunda of the state's judiciary building. The high court's decision not to intercede today does not necessarily indicate whether or not the justices will agree to review the case in the future.
"It is time for Roy Moore to end his constitutional game of chicken and agree to uphold the rule of law," said People For the American Way Foundation President Ralph G. Neas. "If he continues to deny the authority of the federal courts, other Alabama officials must take action. It is outrageous for the state's chief justice to declare himself above the law."
But ok for Clinton to do it...
What gives a federal court authority over any state official?
And don't forget the beautiful paintings in the US Capitol Building: Washington Praying at Valley Forge, Pocahontas Being Baptized. And the rotunda of the Capitol has George Washington ascending into Heaven.
What a collosal joke, in very poor taste!
The 11th Circuit's decision in this case (written by a Reagan-appointed judge) explains in some detail why Moore's monument is different from the Supreme Court's and from another 10 Commandments display which the 11th Circuit upheld two weeks earlier.
Article VI (the Supremacy Clause), and the Fourteenth Amendment, for starters.
The Apotheosis of Washington
Constantino Brumidi
Fresco
1865
Rotunda
Baptism of Pocahontas
John Gadsby Chapman
Oil on canvas, 12' x 18'
Commissioned 1837; placed 1840
Rotunda
In a 1798 letter to American military officers, President John Adams declared that "The Constitution was made only for a moral and religious people. It is wholly inadequate to the governance of any other." Chief Justice Roy Moore's installation of the Ten Commandments monument in the Alabama Judicial Building recognizes this truth. Chief Justice Moore does not violate the U. S. Constitution. The two federal courts who have ruled against him do.
By U.S. Rep. John Hostettler, July 2003
U.S. Rep. John Hostettler delivered the following statement regarding his amendment to prohibit federal funds for the enforcement of a federal court ruling that ordered the Alabama Supreme Court to remove a monument depicting the Ten Commandments:
"Mr. Chairman, in Glassroth v. Moore, the 11th Circuit Court of Appeals ruled that the Alabama Supreme Court Chief Justice Roy Moore violated the establishment clause of the first amendment to the Constitution by placing a granite monument of the Ten Commandments in the rotunda of the Alabama State judicial building in Montgomery, Alabama.
"In the court's words, 'The rule of law does require that every person obey judicial orders when all available means of appealing them have been exhausted.' In this statement, Mr. Chairman, the court plainly shows that it believes itself to be the chief lawmaker whose orders become law.
"But, in fact, Mr. Chairman, this is inconsistent with both the Constitution in Article I, Section 7, and, in fact, Federal statute, which says that the United States Marshal Service shall execute 'all lawful writs, process, and orders' of the U.S. district courts, U.S. Courts of Appeal and the Court of International Trade.
"In reality, Mr. Chairman, the founders of this great nation foresaw this problem and wrote about it. And when they developed our form of government, they said this, according to Alexander Hamilton in Federalist No. 78:
"'Whoever attentively considers the different departments of power must perceive that in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in capacity to annoy or injure them. The executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment, and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.'
"Mr. Chairman, given the fact that the judiciary has neither force nor will, it is left to the executive and the legislative branches to exert that force and will. We have heard tonight that the executive branch wants to argue the Newdow case that was spoken of earlier and may hear that the executive branch wants to argue in favor of the display of the 10 Commandments in that case.
"We will allow, therefore, the executive branch to leave these decisions in the hands of the judiciary who, a few years ago, concluded that sodomy can be regulated by the States, but most recently said that sodomy was just short of a fundamental right that is enshrined in our United States Constitution.
"But the framers of the Constitution never intended for the fickle sentiments of as few as five people in black robes, unelected and unaccountable to the people, to have the power to make such fundamental decisions for society.
"That power was crafted and reserved for the legislature, and one of the mechanisms that was entrusted to us was the power of the purse. Mr. Chairman, time and again I am sure that our colleagues are asked about ridiculous decisions made by the Federal courts, and many of us say that there is nothing we can do.
"Mr. Chairman, today, we can do something. We do not have to put our faith in the faint possibility that some day five people in black robes will wake up and see that they have usurped the authority to legislate and will constrain themselves from straying from their constitutional boundaries.
"Mr. Chairman, it might be suggested that we do not want this legislation to disrupt the judicial process in the interim between the Circuit Court of Appeals process and the Supreme Court.
"It is not my intention to do that tonight. In fact, I welcome the highest Court's review of this decision; and I say tonight that if they get it wrong, I will exercise the power of the purse again and defund the enforcement of that inane decision. Mr. Chairman, today is a great opportunity for us to learn the powers of the legislature vis-a-vis the judiciary.
"After this vote, Mr. Chairman, and the vote to de-fund the Ninth Circuit's decision to effectively remove the phrase 'under God' from the Pledge of Allegiance, our constituents will ask us, 'Congressman, do we, your constituents, have a voice in these most fundamental decisions, and we do not need to wait on a new Supreme Court Justice who may or may not, today or tomorrow, inject common sense into the decisions of the Supreme Court?'
"Mr. Chairman, we will be able to tell them, 'Yes, you do have a fundamental say.' And it is for that reason, Mr. Chairman, that I have offered this amendment to the Commerce, Justice, State, and the Judiciary Appropriations Act.
"This legislation is where we find any funding in any executive agency that would enforce the 11th Circuit's judgment in this case. My amendment would prevent any funds within that act from being used to enforce that erroneous decision in Glassroth v. Moore. I ask my colleagues to support the amendment
The U.S. House of Representatives has voted to withhold funds from any enforcement action related to a federal appeals court's decision that the Ten Commandments monument in the Alabama judicial building is unconstitutional."
By a vote of 260-161, lawmakers last week OK'd an amendment by Rep. John N. Hostettler, R-Ind., to prohibit any money in the bill funding the Justice Department from going to enforcement of the controversial decision. House rebuffs court on 10 Commandments
The First Amendment to the Constitution of the United States secures rights against laws respecting an establishment of religion or prohibiting the free exercise thereof made by the United States Government. Ten Commandments Defense Act of 2003
The Framers of the Constitution deliberately withheld, in the main body of that document, any authority for the Federal Government to meddle with the religious affairs or with the free speech of the people. Then, as further and more specific protection for the people, they added the first amendment, which includes the `establishment clause' and the `freedom of speech clause' which are as follows: `Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech . . .'. It is of utmost importance to note that the first amendment is not a grant of authority to the Federal Government. To the contrary, it is a specific restriction upon the exercise of power by the Federal Government. Religious Freedom Restoration Act
Conservatives and libertarians who once viewed the judiciary as the final bulwark against government tyranny must now accept that no branch of government even remotely performs its constitutional role. ...It's time for the executive and legislative branches to show some backbone, appoint judges who follow the Constitution, and remove those who do not." --Ron Paul 13 August 2003, Federalist No. 03-33, Wednesday Chronicle
The following explains why judge Myron Thompson is wrong:
According to The Birmingham News,
The electorate must demand that Congress act in accordance with the testimony presented in Congress, the Court, and the Constitution
Police would not estimate the size of the crowd, which appeared to be several thousand people, possibly as many as 10,000.
After the rally hundreds of people walked several blocks to the judicial building, where they lined up to view the monument inside. Some debated with about 35 atheists holding a counterprotest across the street. Thousands Rally In Support Of Ten Commandments Monument
UPDATE: The open letter to Justice Roy Moore received 33,000 signatures(as of 19Aug03) since it was launched on Friday! We encourage every American Patriot, who believes as our Founders did that our Constitution should not be subject to the vagaries of an activist Leftjudiciary, to sign an open letter in support of Chief Justice Roy Moore's defense of religious liberty and states' rights in this landmark case. http://patriotpetitions.us/openletter
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