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Congress shall make no law... prohibiting the free exercise thereof;
self | August 21, 2003 | Gargantua

Posted on 08/21/2003 9:53:39 AM PDT by Gargantua

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;"

Judge Moore is about to be held in contempt of a court order demanding that he remove the statue of the Ten Commandments from in front of the courthouse where he has honorably served for years.

This fact raises an interesting question, and exemplifies a blatant contradiction as well as our modern-day courts' insitence on trying to legislate from the bench.

Our Congress is strictly and explicitly probitied by our Constitution from passing any laws prohibiting the free excercise of one's religion.

If Judge Moore's religion (Christianity) demands that he spread the Word of God (and it does), then the issuance of a legal order which deigns to prevent him this religious right is both unconstitutional and out of order in the extreme. It is also illegal, for it attempts to legally enforce a position of the Court which contravenes our Constitution.

If Congress can't pass a law restricting one's right to exercise his religion, then how can the courts try to enforce such a law?

Why did this court not demand that the words "In God We Trust" be removed from all U.S. currency? Why did this court not demand that all religious carvings and statuary be removed from all Government buildings (The U.S.Supreme Court, the Capitol, etc.)?

This court needs to be slapped down, hard, and Judge Moore is just the man for the job.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; US: Alabama; Your Opinion/Questions
KEYWORDS: bench; church; constitution; freeexercise; from; judge; legislating; moore; religiousfreedom; state
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Fire away.
1 posted on 08/21/2003 9:53:39 AM PDT by Gargantua
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To: Gargantua
we would rather ignore
2 posted on 08/21/2003 9:56:37 AM PDT by hapy
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To: Gargantua
There aren't enough Moore threads to suit you, huh?
3 posted on 08/21/2003 9:57:35 AM PDT by Catspaw
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To: Gargantua
I'm pretty sure the Constitution says that "The State shall be openly hostile to Christianity in order to give a hand up to other religions and secularists to make a more even and diverse society." but I'll have to check.
 
That's what I learned in publick skool anyways.
 
 

Owl_Eagle

”Guns Before Butter.”

4 posted on 08/21/2003 10:00:25 AM PDT by End Times Sentinel ("Fire can be our servant, whether it's toasting S'mores or raining down on Charlie"-Pcpl Skinner)
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To: Gargantua
Fine. All they have to do is get an artist to paint a picture of the stone, make it 4'X6', then put it on the wall above where it currently stands, and remove the rock. We now have art, and it is protected by the first amendment. If the government can put funds into pictures of crosses in a glass of urine, then this one is tollible.
5 posted on 08/21/2003 10:02:06 AM PDT by Redwood71
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To: Gargantua
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;"

This is what the ACLU has corrupted into meaning - NO GOD ALLOWED!

And the sheeple ignore what is actually written there -- thank you ANTI-AMERICAN COMMUNIST LAWYER UNION, and thank you NEA for for teaching our children the LIE about it!

6 posted on 08/21/2003 10:02:44 AM PDT by Budge (God Bless FReepers!)
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To: Gargantua
I had no idea that Moore's freedom of speech as an individual was constrained in any way. I thought this applied to his actions as a government official. Thank goodness the Bill of Rights constrains the actions of government officials. As a conservative, I wouldn't want it any other way.



7 posted on 08/21/2003 10:03:27 AM PDT by Da Mav
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To: Gargantua
Our Congress is strictly and explicitly probitied by our Constitution from passing any laws prohibiting the free excercise of one's religion.

It is also prohibited form passing any laws that prohibt free exercise of speech. However, no right is absolute in and of itself. There is no right to yell Fire in a crowded theater, regardless of who might think it would prohibit their freedom of speech. And what is to prevent one form inventing a religion and saying that certain actions are part of said religion? Human sacrifice used to be part of many religions, yet that cannot take place today. You cannot do whatever you want and say your religion tells you to do so.

8 posted on 08/21/2003 10:05:21 AM PDT by TheBigB (Some say shoot to kill. Others say shoot to maim. I say empty the f'n clip and let God make the call)
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To: Gargantua
This court [A U.S. district court under Judge Myron Thompson ruled against Chief Justice Moore on Nov. 18, 2002. On July 1, the 11th U.S. Circuit Court of Appeals also ruled against Chief Justice Moore, saying displays on government property cannot promote or be affiliated with a religion.] needs to be slapped down, hard, and Judge Moore is just the man for the job.

Be patient but firm. It will take more than this battle. There are forces in play for more correct, more originalist, interpretation, and against activism.

9 posted on 08/21/2003 10:09:37 AM PDT by NutCrackerBoy
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To: Gargantua
This court needs to be slapped down, hard, and Judge Moore is just the man for the job.

Your boy has already been slapped down by all 8 of his associate justices (all but one of whom are GOP), after being slapped by the very conservative Judge Carnes of the 11th circuit, and having had his "evergency" filings denied by the USSC. For that matter, hes been slapped by Pryor as well.

Its over. He was wrong, and his little grandstanding campaign backfired in so very many ways.

10 posted on 08/21/2003 10:09:41 AM PDT by Chancellor Palpatine ("what if the hokey pokey is really what its all about?" - Jean Paul Sartre)
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To: TheBigB
And mind you, I like Justice Moore and I voted for him. I was simply illustrating that your premise is flimsy at best.
11 posted on 08/21/2003 10:11:28 AM PDT by TheBigB (Some say shoot to kill. Others say shoot to maim. I say empty the f'n clip and let God make the call)
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To: Budge
As Americans we often take too much for granted and our freedoms allow us to be born optomists and unsuspecting of those who wish the demise of our "American Way". Three things have made a major impact IMO on society's apparent fall from grace. The NEA is a front runner in that they target our impressionable youth. With stay-at-home moms mocked into non-existence, the NEA has been emboldened to socialize/poison our children knowing many of their actions would fall below most parents "radar". The second nefarious influence has been the Warren/Marshall Courts which behind the scenes set many of the abusing legal precidents into motion through their modernizing views of what the Founding Fathers "meant" when the Constitution was forged. The final piece of the puzzle came in the form of the ACLU whose organization of trial lawyers (with coffers overflowing from tobacco claims) and "pocketed" Federal Judges took advantage of the Supreme Court's ambiguous precidents to set the HARD LEFT LIBERAL's agenda into motion. Our American way-of-life softened us into ignoring the subtle "warning signs"... if something didn't affect our immediate life we turned a blind eye to it. We have lost our ability to distinguish evil until it is fast upon us. Every compromise made on our morals has only emboldened those who wish us harm. The church has stood silent, infiltrated from within by those who undermined it's strength, spreading moral relativism as the "little leaven" that ruins the whole loaf. America is asleep and the wolves have thrown off their sheep's clothing...sad but sobering. Judge Moore is putting to action what many talk about or wish would happen. Even if unsuccessful short term, he may yet provide the spark to try to stem the relentless onslaught of all things held dear in this country. We should not try to be a nation that is all things to all people and cultures. People don't flock to our nation because we emulate them, it's because we hold true to the things we believe in. "Don't tread on me"
12 posted on 08/21/2003 10:20:00 AM PDT by Tarl ("Men killing men, feeling no pain...the world is a gutter - ENUFF Z'NUFF")
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To: Chancellor Palpatine
Its over. He (Moore) was wrong,...

Moore is NOT wrong!

He is absolutely correct/right!

13 posted on 08/21/2003 10:21:27 AM PDT by Budge (God Bless FReepers!)
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To: maxplunder; sweetliberty
Ping!
14 posted on 08/21/2003 10:22:46 AM PDT by Budge (God Bless FReepers!)
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To: Gargantua
read later
15 posted on 08/21/2003 10:27:40 AM PDT by LiteKeeper
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To: Gargantua
I can see the establishment clause being invoked here due to the 1st and 2nd commandments (1]no god but "the LORD thy God", Jehovah Elohim -- a specific God, the God of the Bible, the God I love, cherish, worship and serve; and 2] no graven image, which goes against the religion of Catholics and virtually every East Asian or tribal belief system in the world). Too bad for me, but that's where we've come as a nation. Sooner or later, e pluribus unum was destined to overwhelm In God We Trust, as the e pluribus came to mean not states but nationalities.
And as my self-interest is best served by prohibiting Muslim, Hindu, or Buddhist mantras from adorning the public byway, so I must accept what that does to my own favorite expressions.
Now, none of this would have prohibited commandment #s 2-10 from being posted inoccuously, along with, perhaps, a few of the Beatitudes. I'd have been perfectly happy, and who could gainsay it? If extended throughout the land, I believe we'd all have been better for it, and no particular religion would be established.
16 posted on 08/21/2003 10:29:37 AM PDT by Migraine (my grain is pretty straight today)
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To: Da Mav
Last I checked, Moore was neither "Congress" nor was Moore "making [a] law"...as the Constitution covers.

Please don't interperet the document I swore to defend to mean anything other than what it says.
17 posted on 08/21/2003 10:38:28 AM PDT by ElectricStrawberry (Anyone that would dare protest peace-weenies by themselves is a friend of mine)
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To: ElectricStrawberry
Then perhaps you should start defending it from the grandstanding judges of the world who are defying it.

18 posted on 08/21/2003 10:59:53 AM PDT by Da Mav
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To: Tarl
People don't flock to our nation because we emulate them, it's because we hold true to the things we believe in. "Don't tread on me"

That's the whole problem today. Thanks to the COMMUNIST, MARXIST DEMORATS we now have to "DIVERSIFY", and make all these people feel at home.

19 posted on 08/21/2003 11:07:46 AM PDT by maxplunder (Hoping upon Hope the USA will become FREE Again)
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To: Tarl
You are absolutely correct, Tari...except for the timeframe of the ACLU -- it was started in the early 20th century = by an avowed communist!

America is asleep and the wolves have thrown off their sheep's clothing...

I pray enough Americans are beginning to see the light. Since the left (communists - I calls 'em as I see's 'em) has shed their sheep's clothing, maybe a few (Americans) will see them for what they actually are - BRAINWASHED COMMUNISTS!

20 posted on 08/21/2003 11:10:21 AM PDT by Budge (God Bless FReepers!)
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