Skip to comments.Ala. Judge Loses Ten Commandments Appeal
Posted on 07/01/2003 2:47:12 PM PDT by Lurking Libertarian
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Of course, the Touro Synagogue could be wrong about the intent of one of the Founders, George Washington, so let's read the letter:
[Newport, R.I., 18 August 1790]
While I receive, with much satisfaction, your Address replete with expressions of affection and esteem; I rejoice in the opportunity of assuring you, that I shall always retain a grateful remembrance of the cordial welcome I experienced in my visit to Newport, from all classes of Citizens.
The reflection on the days of difficulty and danger which are past is rendered the more sweet, from a consciousness that they are succeeded by days of uncommon prosperity and security. If we have wisdom to make the best use of the advantages with which we are now favored, we cannot fail, under the just administration of a good Government, to become a great and a happy people.
The Citizens of the United States of America have a right to applaud themselves for having given to mankind examples of an enlarged and liberal policy: a policy worthy of imitation. All possess alike liberty of conscience and immunities of citizenship It is now no more that toleration is spoken of, as if it was by the indulgence of one class of people, that another enjoyed the exercise of their inherent natural rights. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance requires only that they who live under its protection should demean themselves as good citizens, in giving it on all occasions their effectual support.
It would be inconsistent with the frankness of my character not to avow that I am pleased with your favorable opinion of my Administration, and fervent wishes for my felicity. May the Children of the Stock of Abraham, who dwell in this land, continue to merit and enjoy the good will of the other Inhabitants; while every one shall sit in safety under his own vine and figtree, and there shall be none to make him afraid. May the father of all mercies scatter light and not darkness in our paths, and make us all in our several vocations useful here, and in his own due time and way everlastingly happy.
1. See Washington to the Clergy of Newport, R.I., 18 Aug. 1790, note 2, in Papers, Presidential Series. vol. 6.
And who exactly is included in your "Those?" The Judiciary? The Executive branch? The Legislative branch? One of these? A combination of two or three of them? Or none of the above?
The Constitution spells it out. It's the law of the land. Isn't it clear what the functions of the 3 branches are? It's not rocket science. Do you think it requires a liberal elitist snob in a black robe to understand it's meaning, or can a citizen also understand it? I think the latter.
No silly. I'm saying the judiciary should confine itself to the powers vested to it by the U.S. Constitution. It has usurped the power of Congress. That is an impeachable offense and any judge to usurps power - like the justices did in the Michigan affirmative action ruling, or in this 10 commandments ruling - should be removed immediately!
Can they worship as they please if there's an official state religion?
Let me ask you a question for clarification: Is having the 10 commandments in a courthouse tantamount to establishing a state religion?
Immediately? By whom? Impeachment takes longer than "immediately." It takes many months--just ask Alcee Hastings. So if you want an immediate removal, just who is going to do it? Are you proposing that they be removed by other means?
I was speaking of citizens (about 3 millions all told). Indians were not citizens at that time. Besides, many of them converted to Christianity, and not forcibly either. In fact, Jefferson and Washington encouraged such missionary work.
Second - Christianity is not in unanimous agreement with Judge Moore's views. He is admittedly pushing a Protestant view. It seems even you would find this inappropriate for a State to do.
Third - As I have said above, ad nauseum - I agree that those Commandments relating to our conduct toward others are a foundation of moral and civil law. But Nos. 1-4? Are they the foundation of all law? If so, whose God is the one true God? Whose Sabbath must be observed under the law? Is the Catholic view, the Protestant view, or the Jewish view of graven images controlling? What about those citizens who don't subscribe to any of those?
Post support for this falsehood. And then post some evidence that any state after the original 13 had to comply with any kind of "standard" in its Constitution requiring conformity with the Bill of Rights. And then post some evidence that each state can't amend or rewrite its constitution as it sees fit.
You are just making this crap up.
CARNES, Circuit Judge:
The Chief Justice of the Alabama Supreme Court installed a two-and-one half
ton monument to the Ten Commandments as the centerpiece of the rotunda in
the Alabama State Judicial Building. He did so in order to remind all Alabama
citizens of, among other things, his belief in the sovereignty of the Judeo-Christian
God over both the state and the church. And he rejected a request to permit a
monument displaying a historically significant speech in the same space on the
grounds that [t]he placement of a speech of any man alongside the revealed law of
God would tend in consequence to diminish the very purpose of the Ten
Commandments monument. Glassroth v. Moore, 229 F. Supp. 2d 1290, 1297
(M.D. Ala. 2002).
The monument and its placement in the rotunda create the impression of
being in the presence of something holy and sacred, causing some building
employees and visitors to consider the monument an appropriate and inviting place
During the trial the Chief Justice testified candidly about why he had placed
the monument in the rotunda. The following exchanges between him and one of
the plaintiffs attorneys establish that purpose:
Q [W]as your purpose in putting the Ten Commandments
monument in the Supreme Court rotunda to acknowledge GODs law
and GODs sovereignty? . . .
1st Supp. Rec. V ol. 2 at 100.
Q . . . Do you agree th at the monument, the Ten Commandments
monument, reflects the sovereignty of GOD over the affairs of men?
Q And the monument is also intended to acknowledge
GODs overruling power over the affairs of men, would that be
correct? . . .
Q . . . [W]hen you say GOD you mean GOD of the Holy
1st Supp. Rec. V ol. 3 at 34.
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