Judge (Moore) Appeals Call to Remove Decalogue

AP ^

[Dallas]

MONTGOMERY, Ala. --

Chief Justice Roy Moore filed notice Tuesday in federal court that he will appeal a judge's order that he remove a monument to the Ten Commandments from the rotunda of the Alabama Judicial Building.

"Federal district courts have no jurisdiction or authority to prohibit the acknowledgment of God that is specifically recognized in the Constitution of Alabama," Moore said in a statement announcing the appeal.

Moore's spokesman, Tom Parker, read the statement at a news conference Tuesday in front of the 5,300-pound granite monument.

"For a federal court to say we cannot acknowledge God contradicts our history and our law," Moore said in the statement. He did not attend the news conference.

U.S. District Judge Myron Thompson's order found the monument violates the Constitution's ban against government establishment of religion and gave Moore 30 days to remove it.

One of Moore's attorneys, Phillip Jauregui, said part of the chief justice's appeal would be based on the argument that Thompson did not have jurisdiction.

But an attorney for the Southern Poverty Law Center, Richard Cohen, said plaintiffs would win again on appeal.

"I think what we heard today echoed of George Wallace," Cohen said. "He said the federal courts have no authority to order him to do anything Alabama law doesn't require him to do. Whatever views Moore has about this, federal law is supreme."

The notice of plans to appeal to the 11th Circuit Court of Appeals in Atlanta was filed in federal district court in Montgomery.

Moore moved the monument into the rotunda in the middle of the night on July 31, 2001, with a film crew from Coral Ridge Ministries documenting the event. Moore, a conservative Christian, attracted national attention as a circuit judge in Gadsden when he refused to remove a wooden Ten Commandments display from a courtroom wall. During his campaign for chief justice, Moore was often referred to as "The Ten Commandments judge."

A lawsuit was filed in October 2001 by the Southern Poverty Law Center, Americans United for Separation of Church and State and the American Civil Liberties Union on behalf of three Alabama lawyers who said the monument violated the constitution.

During a weeklong trial in October, Moore testified that he believes the Ten Commandments to be the foundation of American law. He said he installed the monument, which also includes quotations from historical figures, partly because of his concern that the country has suffered a moral decline over the past 40 or 50 years as a result of federal court rulings, including those against prayer in public schools.

[Texas_Jarhead]

"Southern Poverty Law Center, Americans United for Separation of Church and State and the American Civil Liberties Union"

talk about your axis of evil

[dirtboy]

"He said the federal courts have no authority to order him to do anything Alabama law doesn't require him to do. Whatever views Moore has about this, federal law is supreme."

I think that the opinions of Mssrs. Scalia and Thomas, members of both a certain court and a certain Federalist Society, might carry a bit more weight here than the known liars at SPLC...

[concerned about politics]

"Federal district courts have no jurisdiction or authority to prohibit the acknowledgment of God that is specifically recognized in the Constitution of Alabama," Moore said in a statement announcing the appeal.

Good. Let's get rid of the "Freedom FROM religion" thing once and for all!

[PhilipFreneau]

"Southern Poverty Law Center, Americans United for Separation of Church and State and the American Civil Liberties Union"

talk about your axis of evil

I totally agree. From now on, how about the label "The Moral Axis of Evil" when referring to these immoral groups?

[Texas_Jarhead]

I still think RICO charges should be brought against those groups (ACLU & Americans United) for religious intimidation and denying Christians their civil rights. They systematically oppose Christianity at every turn. Since they do not win ALL of their lawsuits then I think I case could be made that they have used litigation to coerce, oppress, and stifle American Christian religious freedom.

[concerned about politics]

the country has suffered a moral decline over the past 40 or 50 years as a result of federal court rulings, including those against prayer in public schools.

Absolutely !!!! I love this guy.

[Grampa Dave]

Now this is interesting and the type of judicial statement that if defeated at that level will probably end up in the Supreme Court. If we can get about 2-3 more conservative Judges, they will agree with Alabama Chief Justice Roy Moore, who argued, "Federal district courts have no jurisdiction or authority to prohibit the acknowledgment of God that is specifically recognized in the Constitution of Alabama," Moore said in a statement announcing the appeal."

Great, if they want to ban God let them do it at the local levels, and then smack it down if it goes up in the judicial system.

[ohioman]

"But an attorney for the Southern Poverty Law Center, Richard Cohen, said plaintiffs would win again on appeal. "I think what we heard today echoed of George Wallace," ""

In effect, the SPLC equates God with evil racism. Now if Judge Moore had put up a bust of Josef Stalin these anti-american types would be silent.

[Grampa Dave]

One can only imagine how great this country would be if we could ship this Axis of Evil Whining Weasels, "Southern Poverty Law Center, Americans United for Separation of Church and State and the American Civil Liberties Union", to hold Uncle Soddom's hand during our upcoming cat and mouse games with him. They love Uncle Soddom, and they should be there beside him during his darkest hour which is coming soon!

Makes one wonder how much money the Opecker Princes and Opecker Islamofascists have sent these three organizations in the past two decades to weaken America.

[Mr. Lucky]

Were the judge only to dump the Ten Commandemnts in a bucket of urine, they would suddenly become "artwork" protected as free speech.

[newgeezer]

U.S. District Judge Myron Thompson's order found the monument violates the Constitution's ban against government establishment of religion

Amendment I:

Congress

Was the U.S. Congress involved?

shall make no law

Did anyone -- let alone the U.S. Congress -- make any law?

respecting an establishment of religion, or prohibiting the free exercise thereof;

With all due respect, "Judge," I think you're the one attempting to make a law, here.

[dirtboy]

That argument used to hold up prior to the 14th Amendment. Where the left takes it too far is to confuse the presence of religion in the public square with the establishment of a religion by the state.

[dirtboy]

In effect, the SPLC equates God with evil racism.

Now, now, not just ANY God, just the Judeo-Christian one. /sarcasm - I think

Now if Judge Moore had put up a bust of Josef Stalin these anti-american types would be silent.

They should call up Russia - I hear you can get a really nice, big Stalin statue for cheap...

[17th Miss Regt]

A cool trick would be to get a big bust of Stalin and put it one night in the front lobby of the ACLU offices along with a small plaque saying "Our Hero".

[VRWC_minion]

Did anyone -- let alone the U.S. Congress -- make any law?

By extension, the federal courts and their authority are a creation of congress.

[Thinkin' Gal]

Chief Justice Roy Moore filed notice Tuesday in federal court that he will appeal a judge's order that he remove a monument to the Ten Commandments from the rotunda of the Alabama Judicial Building.

It's as if someone is trying to pull the mezuzah off of his doorpost.

Los Lunas, New Mexico, United States:

>>>Cyrus Gordon (1995) proposes that the Los Lunas Decalogue is in fact a Samaritan mezuzah. The familiar Jewish mezuzah is a tiny scroll placed in a small container mounted by the entrance to a house. The ancient Samaritan mezuzah, on the other hand, was commonly a large stone slab placed by the gateway to a property or synagogue, and bearing an abridged version of the Decalogue. Gordon points out that prosperous Samaritan shipowners were known to live in Greek communities at the time of Theodosius I circa 390 A.D., and proposes that the most likely age of the Los Lunas inscription is the Byzantine period.<<<

http://economics.sbs.ohio-state.edu/jhm/arch/loslunas.html

The Ten Commandments monument designed by Alabama Supreme Court Chief Justice Roy Moore is pictured at the State Judicial Building in Montgomery, Ala., in this Aug 7, 2001, file photo.

God bless Chief Justice Roy Moore.

[Imal]

The First Amendment of the U.S. Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The "Establishment Clause" constraint is clearly placed upon Congress, not the states. In fact, any law made by Congress constraining the states with respect to religion would be in direct violation of this amendment and therefore null and void.

"I think what we heard today echoed of George Wallace," Cohen said. "He said the federal courts have no authority to order him to do anything Alabama law doesn't require him to do. Whatever views Moore has about this, federal law is supreme."

This echoes of Reconstruction and violation of state sovereignty by the federal government. Unless (and even if) Cohen wishes to make some lame application of the "elastic interstate commerce clause", his claim that "federal law is supreme" in this case is unfounded. Federal law is NOT supreme where the federal government does not have jurisdiction.

Chief Justice Moore is right, and Mr. Cohen is dead wrong. The U.S. Constitution specifically and clearly excludes the federal government from jurisdiction over matters of religion, whether pro or con. By contrast, according to Chief Justice Moore, the Alabama State Constitution has no such prohibitions.

According to this article, the cause for action given by the Southern Poverty Law Center, Americans United for Separation of Church and State and the American Civil Liberties Union is that "the monument violated the constitution". What constitution are they referring to? This case, and others like it, should be non-starters.

While I don't personally advocate the incorporation of religion or religious documents into government at any level, I must acknowledge the U.S. Constitution and the primary importance of protecting it above all else. I am sworn to do so.

[Diverdogz]

I'm curious about the vision that Christians have for the United States. Obviously, you want the Ten Commandments posted in public places and for schoolkids to start their day with a prayer.

Some other desires I've seen: Exemption from zoning laws when building religious facilities, enacting the President's "Faith-based charity" initiative, Repeal Roe v. Wade, allow Navitity scenes on public property to name a few.

But beyond those items, what is your vision for America, and what other kinds of legislation would you like? I hope you will give a thoughtful response.

Thanks,
Diverdogz