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

To: xzins
In that the Preamble does not spell out a "process" that must be followed, you have a point. However, in that the preamble establishes the purpose, direction, and organization of a Constitution, then you are wrong.

Sorry, the preamble of ANY legal document has zero legal value. This dates back to English common law.

One cannot uphold an interpretation of the Constitution that is contradicted by the preamble.

Except that the preamble is unenforceably vague, which is endemic to preambles and why they aren't enforceable.

Nonetheless, the grammar remains.

You may say it isn't binding, but that says ABSOLUTELY NOTHING about whether those words were correctly translated by Moore. They are.

Actually, they aren't.

The preamble clearly recognizes "Almighty God" as the authority to which they appeal for guidance.

That does not equal a MANDATE stating that Moore MUST acknowledge God in his courthouse, as you claim.

193 posted on 08/29/2003 9:17:22 PM PDT by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women.)
[ Post Reply | Private Reply | To 189 | View Replies ]


To: Poohbah
See #190. the writer is a lawyer. He disagrees and says that that no ruling can conflict with the preamble SINCE it states the purpose of the document.

As such, it is the mission statement of the document.

196 posted on 08/29/2003 9:21:36 PM PDT by xzins (In the Beginning was the Word)
[ Post Reply | Private Reply | To 193 | View Replies ]

To: Poohbah
"We the people...invoking..." is present progressive.

Judge Moore's point is correct. An oath to uphold that constitution requires one to enter into that PURPOSE spelled out in the preamble. To be honest, an atheist judge simply cannot enter into his oath about that constitution with honesty. He cannot participate in "invoking the favor and guidance of Almighty God."

197 posted on 08/29/2003 9:26:47 PM PDT by xzins (In the Beginning was the Word)
[ Post Reply | Private Reply | To 193 | View Replies ]

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