Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge Roy Moore and the Myth of the Separation Clause
ChronWatch ^ | April 15, 2005 | Christian Hartsock

Posted on 04/15/2005 4:56:59 PM PDT by Tailgunner Joe

Chief Justice Roy Moore’s new book So Help Me God is a captivating and unflinching first-hand account of a man on the front lines of the battle between religious freedom and judicial tyranny. This Alabama Supreme Court Justice embodies the true definition of patriotism, inasmuch he has risked his career and reputation to stand by his oath of office and refuses to deny his allegiance to the Constitution and the laws of nature and nature’s God for the mere sake of catering to the frenetic, deep-seated anti-religious paranoia of the uber-secular left.

It was on June 9, 1993 that ACLU member Joel Sogol wrote to then-chief justice of Alabama Sonny Hornsby, threatening to sue anyone who continued the time-honored tradition of praying in court. After Roy Moore took office in 1994 and refused to bring a halt to the tradition, the ACLU stepped up their threats of suit over the prayer and, in addition, began hyperventilating over the Ten Commandments plaque Justice Moore had placed in his courtroom. At the beginning of the third month of Justice Moore’s first term of office on March 31, 1995, the ACLU filed suit in U.S. district court against him on the basis that he had illegally imposed his religious beliefs on others in the courtroom, denouncing the prayer as “a religious test.”

The ACLU apparently didn’t feel up to suing all 550 members of Congress and all nine justices of the U.S. Supreme Court who have always begun their daily proceedings with prayers. It may even be a sobering revelation to them that our very first president noted in his inaugural address, “no people can be bound to acknowledge and adore the Invisible Hand which conducts the affairs of men more than those of the United States.” Nevertheless, it is doubtful that such words would bear much significance to a pathetic, subversive gang of rogue lawyers who have nothing better to do with their time than to bully public officials out of acknowledging their creator and to throw childish temper tantrums over harmless little plaques.

In a priceless act of civil disobedience, Justice Moore erected a 2½-ton granite Ten Commandments monument in the rotunda of the State Judicial Building. Moore would later write in his book that “[t]he display of God’s law was not done to make any bold statement, to intimidate or offend anyone, or to push any particular religion. It was simply a reminder that this country was established on a particular God and His divine, revealed laws; it reflected the Christian faith of our founders.”

Flabbergasted, on Halloween 2001, the ACLU ganged up with Americans United for Separation of Church and State and the Southern Poverty Law Center to file suit over the monument. Demonstrating what loving people liberals can be, in a letter to the legal director of Americans United, Morris Dees of the Southern Poverty Law Center referred to Justice Moore as a “religious nut in partnership with a fanatical church.” (And showing how smart liberals can be, the letter was accidentally sent to Justice Moore’s attorney, Steve Melchior. Whoops!)

The case was set for trial on October 15, 2002. Less than a month after it ended, on November 18, 2002, U.S. District Judge Myron Thompson ruled against the Ten Commandments display, declaring it unconstitutional. In his ruling, Judge Myron stated: “[W]hile the Chief Justice is free to keep whatever religious beliefs he chooses, the state may not acknowledge the sovereignty of the Judeo-Christian God and attribute to that God our religious freedom.” Perhaps Judge Myron would be compelled to rethink his words if he actually bothered to read the Alabama State Constitution which Moore had sworn specifically to uphold, inasmuch as it reads in the preamble: “We, the people of the State of Alabama, in order to establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama” (emphasis added).

On March 2, 2005, the New York Times expressed its disapproval of similar displays in between the Capitol and the State Supreme Court in Texas, and in county courthouses in Kentucky, accusing the displays’ backers of not accepting the “separation of church and state” while explaining that “[t]he Establishment Clause of the First Amendment prohibits Congress from making laws respecting an establishment of a religion.” If nothing else, at least these circumstances have given liberals yet another excuse to evince their maniacal infatuation with the “separation of church and state,” a phrase which we are supposed to believe is somewhere in the Constitution.

If a liberal sneezed and you said “God bless you” he would begin spastically whining about the “separation of church and state.” To appreciate this situation from the perspective of the judicial supremacists, the ACLU lawyers and the New York Times editors, we will just have to pretend for a moment that a) the “separation of church and state” exists in the Constitution, b) Congress is somehow responsible for the placement of the Ten Commandments monuments, and c) the monuments in effect represent an establishment of a state religion.

There. Now it sort of makes sense.

To the contrary, however, the left’s beloved “separation of church and state” mantra originated not in the Constitution, but in a letter from Thomas Jefferson to the Danbury Baptist Association in 1802 (11 years after the First Amendment was incorporated into the Constitution) regarding their concerns that the Congregationalists may abuse their power to attain a favored position. Explicitly, Jefferson wrote: “[the] wall of separation between church and state…is a one-directional wall. It keeps the government from running the church, but makes sure that Christian principles will always stay in government.”

The self-styled progressive elites have typically justified their anti-Christian bigotry by insinuating that religion must stay away from government, and any case in which it does not is an irrevocable step towards theocracy. Their interpretation of the language of the First Amendment demonstrates how little understanding they have of its actual implications.

By including the establishment clause in the Constitution, the framers were preventing the prospects of theocracy such as that which the Pilgrims purportedly fled from in England before settling on the North American shores. However, there is a reason why Thomas Jefferson wrote in the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness” (emphasis added). What Jefferson was taking into account was the imperative necessity of our leaders and authorities to recognize their inferiority to the divine laws of the solar system and their subordinance to a Higher Power, so as not to confuse themselves with that Higher Power and in due course assume a despotic, tyrannical precedence.

The functionality of our democracy is contingent upon the Hobbesian doctrine that man is inherently corrupt and therefore in need of some degree of governmental supervision. The notion of human fallibility is quintessential of the Judeo-Christian doctrines with which our founders specifically harmonized their vision of a free republic. The acknowledgement of that fallible nature is what distinguishes our system from communism – a system which presupposes that man is basically good, and therefore capable of upholding and preserving a utopian, Edinic society. It distinguishes our system as well from that of monarchism and fascism, both of which presuppose that there is such a thing as Divine Right, or human infallibility; that it is possible for a human leader to take on a godlike authority over his people and govern them in a flawless manner. But because our system recognizes that there is no such thing as human infallibility, our branches of power are balanced, and our leaders are appointed through a democratic process by which the majority of citizens decide who gets to represent them, and for how long.

Secularist liberals tend to accuse Christians of seeing things too much in “black and white,” yet they themselves have adopted a black and white perspective by declining to consider the fact that not everything boils down to the two options of theocracy and secularism. A system of government that is religious in nature does not automatically take on the form of theocracy. It does not mean that its subjects must be coerced into submission to a certain designated religious faith. Whether or not we as individuals decide to subject ourselves to personal dependence on religion, we must recognize that our freedom to do so or not do so at our own will is dependent on our democratic system, and our democratic system is dependent on religion.

It is on account of this brand of narcissistic judicial hubris, this denial of subordinance to a Higher Law that an innocent woman was allowed to be inhumanly starved to death recently, that activist judges have been able to recklessly redefine the institution of marriage, and that an unremitting fetal holocaust has been sanctioned by the highest levels of government for 32 years and counting. The more we forget that we are “one nation under God,” the more we will become “one nation under the State.” If this becomes the case, then our rights will become conditional and susceptible to abuse, rather than God-given and immune to meddling. As many could argue, resting our rights solely on the state is like building a house on sand. (Note to liberals: Please pardon the biblical reference.)


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; News/Current Events; US: Alabama
KEYWORDS: bookreview; churchandstate; ezrastiles; hebrew; rabbicarigal; roymoore; sohelpmegod; yaleuniversity
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 741-744 next last
To: jla
Now show me where Roy Moore ever attempted, let alone wished, to pass a law making the Ten Commandments paramount to any other religious dogma.

You appear to believe that "law" is synonymous with "statute".

41 posted on 04/15/2005 7:44:38 PM PDT by SedVictaCatoni (<><)
[ Post Reply | Private Reply | To 31 | View Replies]

To: SedVictaCatoni
Well last I looked they were synonyms of ea. other. Regardless, the Ala constitution uses the word "law", as in:

Roy Moore never attempted to create a law, nor did he advocate a law, making the ten Commandments paramount to other religious dogma.

42 posted on 04/15/2005 7:51:25 PM PDT by jla
[ Post Reply | Private Reply | To 41 | View Replies]

To: thompsonsjkc; odoso; animoveritas; St. Johann Tetzel; DaveTesla; mercygrace; ...

Moral Absolutes Ping.

Dicussion regarding Judge Moore and the 10 Commandments.

Just a couple of quotes in connection with the 10 Commandments:

"No man is a good citizen unless he so acts as to show that he
actually uses the Ten Commandments, and translates the Golden
Rule into his life conduct." --Theodore Roosevelt

“We have staked the future of all of our political institutions upon the capacity of mankind for self-government, upon the capacity of each and all of us ... to sustain ourselves according to the Ten Commandments of God.” -James Madison

"If men will not be governed by the Ten Commandments, they shall be governed by the ten thousand commandments." --G. K. Chesterton


Let me know if you want on/off this pinglist.


43 posted on 04/15/2005 7:52:17 PM PDT by little jeremiah (Resisting evil is our duty or we are as responsible as those promoting it.)
[ Post Reply | Private Reply | To 41 | View Replies]

To: jla
Well last I looked they were synonyms of ea. other.

Evidently, the last time you looked you didn't see the entries for "common law", "statutory law", or "administrative law".

44 posted on 04/15/2005 7:55:57 PM PDT by SedVictaCatoni (<><)
[ Post Reply | Private Reply | To 42 | View Replies]

To: SedVictaCatoni
As used in sec. III of the Ala state constitution, it can be pretty well ascertained as to what definition of "law" they refer to.

Now, is there a point you would care to make? Or am I to just sit back in the splendor of your awe-inspiring intellect?

45 posted on 04/15/2005 8:05:17 PM PDT by jla
[ Post Reply | Private Reply | To 44 | View Replies]

To: jla
He was impeached because he wouldn't follow the erroneous edict of one Myron Thompson ...

Moore was removed. Impeachment is when Congress acts against a judge or executive. Moore was removed by judicial "self-policing," yet another example of judicial activism, this time internecine.

46 posted on 04/15/2005 8:08:01 PM PDT by Cboldt
[ Post Reply | Private Reply | To 35 | View Replies]

To: Cboldt

He was impeached (accused or charged with wrongdoing) before he was removed.


47 posted on 04/15/2005 8:19:24 PM PDT by jla
[ Post Reply | Private Reply | To 46 | View Replies]

Available at fine books stores everywhere. :^)

48 posted on 04/15/2005 8:28:18 PM PDT by jla
[ Post Reply | Private Reply | To 47 | View Replies]

To: Tailgunner Joe
Tailgunner Joe wrote:

The Constitution forbids the government from interfering with religion.
It does not restrict the religious from influencing government.

The 1st Amendment quite clearly restricts our legislators from making any law "respecting an establishment of religion".
Agreed, religious men are free to "influence" [urge/induce], but officials sworn to support the Constitution are not free to make law based on or 'influenced' [caused] by the establishments of specific religions.

49 posted on 04/15/2005 8:35:17 PM PDT by P_A_I
[ Post Reply | Private Reply | To 39 | View Replies]

To: jla
He was impeached (accused or charged with wrongdoing) before he was removed.

I was just being anal. He was not impeached, in the proper technical use of the word "impeached," in the context of conduct that warrants consideration of removal from office. He was "charged," by Alabama's Judicial Inquiry Commission, with violating ethical canons by disobeying a federal court order.

Had the "charge" come from the Alabama Congress, Moore would have been "impeached." Then comes a trial on the charges, and the remedy (usually removal, sometimes with the added taint of being ineligable for office in the future).

50 posted on 04/15/2005 8:35:49 PM PDT by Cboldt
[ Post Reply | Private Reply | To 47 | View Replies]

To: P_A_I

That is not what the establishment of religion means. The Bill of Rights forbids the "establishment" of a national religion, nothing more. Establishment would be the creation of a new religion through legislation. Passing legislation based on the teaching of religion is not the establishment of a national religion.


51 posted on 04/15/2005 8:52:29 PM PDT by Tailgunner Joe
[ Post Reply | Private Reply | To 49 | View Replies]

To: risk
If you look at all of the early state constitutions, you'll see notations about rights of freemen. That didn't mean all white men or all non-slaves, not by a long shot. It was a continuation from colonial times & it had a specific meaning & purpose. Many, if not all of the colonies required men to be a member in good standing with his church.

Consider the constitution of one of the origial 13. Framed August 14, 1776, and completed November 11, 1776.

XXXIII. That, as it is the duty of every man to worship God in such manner as he thinks most acceptable to him; all persons, professing the Christian religion, are equally entitled to protection in their religious liberty; wherefore no person ought by any law to be molested in his person or estate on account of his religious persuasion or profession, or for his religious practice; unless, under colour of religion, any man shall disturb the good order, peace or safety of the State, or shall infringe the laws of morality, or injure others, in their natural, civil, or religious rights; nor ought any person to be compelled to frequent or maintain, or contribute, unless on contract, to maintain any particular place of worship, or any particular ministry; yet the Legislature may, in their discretion, lay a general and equal tax for the support of the Christian religion; leaving to each individual the power of appointing the payment over of the money, collected from him, to the support of any particular place of worship or minister, or for the benefit of the poor of his own denomination, or the poor in general of any particular county: but the churches, chapels, globes, and all other property now belonging to the church of England, ought to remain to the church of England forever. And all acts of Assembly, lately passed, for collecting monies for building or repairing particular churches or chapels of ease, shall continue in force, and be executed, unless the Legislature shall, by act, supersede or repeal the same: but no county court shall assess any quantity of tobacco, or sum of money, hereafter, on the application of any vestrymen or church-wardens; and every encumbent of the church of England, who hath remained in his parish, and performed his duty, shall be entitled to receive the provision and support established by the act, entitled "An act for the support of the clergy of the church of England, in this Province," till the November court of this present year to be held for the county in which his parish shall lie, or partly lie, or for such time as he hate remained in his parish, and performed his duty.

From another of the original 13, February 5, 1777. This clause specifies who can be a representative for the state:

ART. VI. The representatives shall be chosen out of the residents in each county, who shall have resided at least twelve months in this State, and three months in the county where they shall be elected; except the freeholders of the counties of Glynn and Camden, who are in a state of alarm, and who shall have the liberty of choosing one member each, as specified in the articles of this constitution, in any other county, until they have residents sufficient to qualify them for more; and they shall be of the Protestent religion, and of the age of twenty-one years, and shall be possessed in their own right of two hundred and fifty acres of land, or some property to the amount of two hundred and fifty pounds.

52 posted on 04/15/2005 9:17:51 PM PDT by GoLightly
[ Post Reply | Private Reply | To 8 | View Replies]

To: little jeremiah
“We have staked the future of all of our political institutions upon the capacity of mankind for self-government, upon the capacity of each and all of us ... to sustain ourselves according to the Ten Commandments of God.” -James Madison

little jeremiah,

This is apparently a false quote.

53 posted on 04/15/2005 9:19:47 PM PDT by gbcdoj (In the world you shall have distress. But have confidence. I have overcome the world. ~ John 16:33)
[ Post Reply | Private Reply | To 43 | View Replies]

To: gbcdoj

Well, I won't use it any more - until further notice.

OTOH, the organization linked to is a nasty leftist God-hating organization - Americans United for Separation of Church and State - Barry Lynn's, if I'm not mistaken.


54 posted on 04/15/2005 9:35:53 PM PDT by little jeremiah (Resisting evil is our duty or we are as responsible as those promoting it.)
[ Post Reply | Private Reply | To 53 | View Replies]

To: little jeremiah

Yep, but they have a quote from the editors of Madison's papers which seems authentic.

Can you put me on your Moral Absolutes ping list, by the way?


55 posted on 04/15/2005 9:44:07 PM PDT by gbcdoj (In the world you shall have distress. But have confidence. I have overcome the world. ~ John 16:33)
[ Post Reply | Private Reply | To 54 | View Replies]

Comment #56 Removed by Moderator

To: GoLightly
All these things were up for discussion. I'd argue that our current laws are more just and more fair than they were back then. Our challenge is to appoint judges and elect executives and representatives who can uphold these fair laws properly, and remove ones that are clearly wrong.

We can influence the press here online, as well. Right now, the press is all for post-structuralism, multiculturalism, and the moral relativism that accompanies those two world views. We can show them that most Americans, even immigrants, don't share those relativist values.

57 posted on 04/15/2005 9:47:41 PM PDT by risk
[ Post Reply | Private Reply | To 52 | View Replies]

To: gbcdoj

Certainly.


58 posted on 04/15/2005 9:48:59 PM PDT by little jeremiah (Resisting evil is our duty or we are as responsible as those promoting it.)
[ Post Reply | Private Reply | To 55 | View Replies]

To: risk
he couldn't defend himself when citizens of the State of Alabama argued that they felt that he were indicating such.

He was elected by good citizens, he was taken out of office by others.

59 posted on 04/15/2005 9:50:14 PM PDT by LowOiL ("I am neither . I am a Christocrat" -Benjamin Rush)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Tailgunner Joe

"We have no government armed with power capable of contending with human passions unbridled by morality and religion...Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."
- John Adams, October 11, 1798


60 posted on 04/15/2005 9:51:16 PM PDT by Vision (When Hillary Says She's Going To Put The Military On Our Borders...She Becomes Our Next President)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 741-744 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson