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Federal Judge: Mt. Soledad Cross Must Come Down
Fox News ^

Posted on 12/12/2013 7:04:32 PM PST by annalex

A cross atop Mount Soledad in California is an unconstitutional religious display on government land and must come down, a federal judge in San Diego ruled late Thursday.

U.S. District Judge Larry Burns ordered the cross, which honors veterans, must be removed within 90 days -- a decision that could result in the case being sent back to the U.S. Supreme Court. Burns immediately stayed his order pending an expected appeal.

(Excerpt) Read more at foxnews.com ...


TOPICS: Breaking News; Culture/Society; US: California
KEYWORDS: cross; lawsuit; mountsoledad; ninthcircuitcourt; publicsquare; ruling; soledad
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To: annalex

I thought the issue over the cross was resolved on July 31, 2008 by U.S. Federal Judge Larry Alan Burns. I guess the Left will never accept defeat and will keep beating the same old drum.

Thankfully, an Episcopal church, located within a few hundred feet from the present location of the cross, has agreed to place it on its property.


61 posted on 12/12/2013 11:07:01 PM PST by jonrick46 (The opium of Communists: other people's money.)
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To: itssme

God figured heavily in the creation of this nation. Because of the Church of England, the early settlers in the Colonies wanted to make sure a national church wasn’t in the cards. That didn’t mean that there couldn’t be any expressions of Christianity on government land. Just because someone erects something on government land, it does not constitute government support for that monument.

We have eradicated the Judeo Christian ethic from schools. We’re paying for it. The acceleration of the decay of our society has resulted from this.

We need to have a rebirth. Those who don’t want to take part shouldn’t have to. They shouldn’t be surprised to find themselves considered to be fourth class citizens if they don’t though.

Our system of governance functions best when a strong Christian ethic is involved. It’s the Judeo Christian ethic that greases the wheels of our Constitution and nation. If folks don’t want to be a part of that, fine. It just seems that they shouldn’t be surprised as others take note and get a bit snippy about it.

Our Constitution would not work in an Arab state. The same ethics do not exist. I’ve learned this over the last decade.

As our kids stop getting married and live together outside of wedlock, our whole society pays. We can’t shun God’s directives and expect to have the nation we want.

Morals are important. Atheism is a person’s right as much as joining a church is a person’s right. I don’t see any power higher than man that causes him to observe morals, in the Atheistic belief system. In the Christian system there is a higher moral authority.

I would submit, that being Christian is vital to the health of our nation. As Christianity wanes, the health of our nation will as well.

The question is, do we really want our nation to thrive or not? If we do, then we have some real soul searching to do. I am not the Christian I should be, so I’m not saying I’m the model by any means. I have a lot of work to do.

For clarity’s sake I want to say that I don’t actually mean that someone should be recognized as a fourth class citizens for being an atheist. I do believe it is vital for us all to pull together to get our nation back on track. I do not believe this can happen if 100% of our society is Atheistic. Believing that, it stands to reason that the higher the percentage of our populace that is Atheistic, the less chance we’ll have of getting things back on track.

That’s all. I think it’s an important point.


62 posted on 12/12/2013 11:14:34 PM PST by DoughtyOne (Zero = zero)
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To: Menehune56

On July 31, 2008, U.S. Federal Judge Larry Alan Burns ruled that the cross was constitutional. I wonder what turned his ruling in an about face?

Let’s look at it this way: We are getting killed in the courts.


63 posted on 12/12/2013 11:17:04 PM PST by jonrick46 (The opium of Communists: other people's money.)
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To: DoughtyOne

It is a matter of fact that the atheists get a free ride on the civility that a Christian culture elicits. If the entire nation went atheist, we would have anarchy. And the atheists are such self centered narcissists, they would not care until they were stabbed, robbed and dying on a cold sidewalk.


64 posted on 12/12/2013 11:27:36 PM PST by jonrick46 (The opium of Communists: other people's money.)
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To: jonrick46

We have a number of Atheists here. At least at one point we did. I don’t want to lay it on too thick, but I lean in your direction here.

I’m not trying to say these are not good people. I just think it’s important in our mental framework, to recognize a higher authority. We answer to a father figure, a Heavenly Father figure. It’s something we consider as we go about our daily lives. Am I living up to my responsibility as elicited by our Father?

What higher authority does an Atheist recognize? I’m not an expert on it, but I don’t believe they do recognize a higher authority than themselves, other than a government figure or some such. I’m not sure how that figures in, but I think it’s important.


65 posted on 12/12/2013 11:33:34 PM PST by DoughtyOne (Zero = zero)
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To: annalex
Here's some raw meat for the atheists. Postal workers, and I'm sure just about every other civil service employee are not only paid for Christmas, regardless of their religion, or lack their of, but those who actually work on Dec 25 get an extra 2.5 times their base pay, unlike the other federal holidays where it's only double. I dare the ACLU, American atheists, and others to challenge this employee benefit in court. Let's see them take on the union thugs in the SEIU, APWU, AFSME, etc. I TRIPLE-dog dare them!
66 posted on 12/12/2013 11:51:50 PM PST by Impala64ssa (You call me an islamophobe like it's a bad thing.)
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To: annalex

http://proliberty.com/observer/20010802.htm

This is one of the lies that, having been told often enough, is now believed to be true. We want to believe in the sanctity of our national parks, wilderness areas and forest lands. They are a wonderful public resource. However, the truth is, the federal government is constitutionally prohibited from owning this type of property within a state.

The constitutional facts of life

The founders of America drafted the United States Constitution to form a limited federal government. It was designed to take care of only those things which were truly our national business. The state governments or the people were to keep all other powers. Article One, Section 8, Clause 17, offers the only provision in the Federal Constitution for federal ownership of land. It provides for the creation of Washington, D.C. as the seat of the federal government and allows the federal government to purchase lands in a state with “...the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.”

This is the only kind of property that the federal government is empowered to own in a state. The federal government cannot own forest lands. Why? Because no such power has ever been delegated to it and the Tenth Amendment prohibits the federal government from assuming any power which has not been delegated to it by the Constitution: “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.” This is the first constitutional fact of life preventing federal public land ownership within a state
*******************************************************
Public lands are for the public and this needs to be litigated over and over by each state. A federal judge does not have the authority to make or enforce such a ruling based on a false premise.


67 posted on 12/13/2013 12:02:31 AM PST by MestaMachine (My caps work. You gotta earn them.)
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To: annalex

Saying that no religion trumps religion is just as much establishing a religious position, just as unconstitutional.

Why can’t the numbskull Marxists understand this?


68 posted on 12/13/2013 12:35:05 AM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: jonrick46

It is an infection of the soul, that most judges are susceptible to. Or, someone is directing some serious extortion his way, Roberts style.


69 posted on 12/13/2013 12:40:26 AM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: DoughtyOne

I agree with you. Whenever the moral fabric of a country begins to decay and collapse, the country’s in big trouble.
It’s going to take all of us as a people who believe in the Constitution, Liberty and Freedom to pull together and accomplish the mission of winning this country back from the left. We know what ails us, so we need more action and less talk about the details. I don’t know how, I don’t know when, but we will be successful..never say never. Let’s say a prayer and get to work now.


70 posted on 12/13/2013 1:02:19 AM PST by itssme
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To: itssme

Gets my vote...


71 posted on 12/13/2013 1:11:22 AM PST by DoughtyOne (Zero = zero)
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To: Jet Jaguar

we don’t always get what we want.
there are a whole passel of federal judges I’d like to see being drug behind pick up trucks as they race on down the road.


72 posted on 12/13/2013 2:07:13 AM PST by Joe Boucher ((FUBO) obammy lied and lied and lied)
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To: annalex
MARYland
73 posted on 12/13/2013 2:59:18 AM PST by icwhatudo (Low taxes and less spending in Sodom and Gomorrah is not my idea of a conservative victory)
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To: annalex

When a Federal Judge does not support the Constitution and worse when his opinion does NOT support the Establishment Clause of Our first amendment—Which should we the People support— the unjust -unconstitutional judge—or the Constitution. I say IMPEACH these judges and install Judges who do support the Constitution. I say keep the Mt.Soledad Cross and remove the anti-Constitutional judge.


74 posted on 12/13/2013 3:52:59 AM PST by StonyBurk (ring)
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To: annalex; All
We need to think out of the box here. Let's do what liberals do and redefine the problem. The cross is a symbol of ALL religions and all mankind, not just Christianity. It's a universal symbol. Finish by saying liberals just aren't smart enough to understand that subtle point.

There's more than one way to skin a cat.

75 posted on 12/13/2013 4:17:19 AM PST by Hardastarboard (The question of our age is whether a majority of Americans can and will vote us all into slavery.)
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To: Nero Germanicus

Judge Burns is a Judas to his own faith. It would be hard to be a lower excuse of a human being.


76 posted on 12/13/2013 4:24:13 AM PST by ohioman
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To: annalex

We need to have Global Warming and Liberalism classified as religions. Then start working on the Church/State arguments.


77 posted on 12/13/2013 4:58:17 AM PST by ThePatriotsFlag (...and to the Republic for which it stood.)
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To: annalex

Just what the Founders intended: black robed tyrants.

This is why we have to control Congress for a generation, so that we can clear out vermin like this judge.


78 posted on 12/13/2013 5:15:48 AM PST by 1010RD (First, Do No Harm)
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To: DoughtyOne
It’s not fun living in a community when you’re despised

Our ruling class does not live in communities where we live.

79 posted on 12/13/2013 5:31:23 AM PST by annalex (fear them not)
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To: HiTech RedNeck

Someone is buried and the flame comes from the ground. What does that speak of?


80 posted on 12/13/2013 5:32:09 AM PST by annalex (fear them not)
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