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To: general_re
But the fact of the matter is that it is the 11'th Circuit who is empowered to determine it, not Roy Moore.

Wrong. The 11th Circuit court is empowered to make rulings based on the actual meaning of the Constitution, not on the basis of anything else. No one is legally obligated to obey an illegal ruling.

In fact, Roy Moore swore an oath to uphold the Constitution, including the authority of the 11'th Circuit

He swore no oath to uphold the authority of any court. You're correct that he swore an oath to uphold the Constitution, and that oath is now in conflict with the ruling that was handed to him.

Given that we have abandoned the notion of the "divine right of kings" these days, if Roy Moore has the right to choose which court orders he will sanction, then so too must I have that same right, and so must every other citizen.

I didn't say that Moore or anyone else has the right to choose what orders he wants to obey. I said that he - and every other citizen - has the right and duty to disobey illegal orders.

1,185 posted on 08/26/2003 12:10:10 PM PDT by inquest (We are NOT the world)
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To: inquest
No one is legally obligated to obey an illegal ruling.

No one appearing before the court is legally empowered to make a unilateral determination of same, either - why aren't you worried about that part of the law?

He swore no oath to uphold the authority of any court.

The existence and authority of the 11'th Circuit is a direct result of Article III of the Constitution, the Constitution being that which Judge Moore swore to uphold. Does Judge Moore's oath not apply to Article III for some reason? Are there other sections his oath doesn't cover? And does Roy Moore get to choose for himself which sections those are?

I didn't say that Moore or anyone else has the right to choose what orders he wants to obey. I said that he - and every other citizen - has the right and duty to disobey illegal orders.

If you can point out to me how the practical effect of effecting the first proposition is in any way, shape or form different from the practical effect of the second - particularly when we simply let people decide for themselves which court orders are "legal" - then I'm most interested to hear it. What it sounds like to me is that, so long as I wrap myself in the Constitution, I can avoid any ruling I don't like.

1,186 posted on 08/26/2003 12:29:14 PM PDT by general_re (Today is a day for firm decisions! Or is it?)
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