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Judge Moore, Alabama Supreme Court makes statement
Fox News

Posted on 08/14/2003 11:48:06 AM PDT by Conservababe

Judge Moore, Chief Justice, is not going to remove the Ten Commandments from the rotunda despite Federal court order.

He will fight all the way to the Supreme Court.

He will be speaking in a few minutes on Fox News.


TOPICS: Breaking News; News/Current Events; US: Alabama
KEYWORDS: alabama; godblessjudgemoore; moore; roymoore; scotus; tencommandments
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1 posted on 08/14/2003 11:48:06 AM PDT by Conservababe
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To: Conservababe
He will fight all the way to the Supreme Court.

This one's gonna be a good one...

2 posted on 08/14/2003 11:48:51 AM PDT by mhking
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To: Conservababe
His comments were inspiring.
3 posted on 08/14/2003 11:48:58 AM PDT by Adam-ondi-Ahman
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To: Conservababe
Good for Judge Moore. Now tar and feather the ACLU and run the jokers out of town for starting the mess in their ever ending atheistic agenda.
4 posted on 08/14/2003 11:50:48 AM PDT by lilylangtree
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To: mhking
I believe that this judge will be handcuffed and taken into federal custody unless he agrees to follow the federal circuit judges. I can see popular Senators
Leahy and Schumer now attacking Judge Moore and demanding "obedience to law."
5 posted on 08/14/2003 11:51:34 AM PDT by Theodore R.
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To: lilylangtree
Roy Moore for President!
6 posted on 08/14/2003 11:51:42 AM PDT by The Old Hoosier (Right makes might.)
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To: Conservababe
This man is a true leader. I have to admire anyone in a position like his who finally tells the robed thugs on the bench to go pound sand! We need men like him in Washington!
7 posted on 08/14/2003 11:51:51 AM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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To: The Old Hoosier
Roy Moore for President!

BTTT!

8 posted on 08/14/2003 11:53:08 AM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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To: Conservababe
Bttt
9 posted on 08/14/2003 11:54:22 AM PDT by firewalk
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To: The Old Hoosier
Roy Moore for President!

No, Roy Moore for US Supreme Court! We need justices who will stand up for the Constitution.

10 posted on 08/14/2003 11:56:46 AM PDT by CajunConservative
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To: Orangedog
"I have to admire anyone in a position like his who finally tells the robed thugs on the bench to go pound sand!"

Do you feel the same for all those that would tell Judge Moore to go pound sand whenever he makes a ruling from the bench. I'm sure the Judge would be very understanding to anyone that would disregard his judicial decisions.
11 posted on 08/14/2003 11:57:01 AM PDT by familyofman
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To: Conservababe
Good
12 posted on 08/14/2003 11:57:11 AM PDT by 1Old Pro
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To: Conservababe
Why are the Ten Commandments being displayed there anyway?
13 posted on 08/14/2003 12:01:17 PM PDT by RoughDobermann (You either surf or fight.)
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To: familyofman
They all have the right to appeal.
14 posted on 08/14/2003 12:02:13 PM PDT by Dead Dog (Income tax is slavery, Wellfare is bribary.)
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To: familyofman
Do you feel the same for all those that would tell Judge Moore to go pound sand whenever he makes a ruling from the bench.

No.

15 posted on 08/14/2003 12:03:06 PM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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To: Orangedog
Why not - is he not a "robed thug" too.
16 posted on 08/14/2003 12:04:37 PM PDT by familyofman
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To: Conservababe
Most Excellent.
17 posted on 08/14/2003 12:06:26 PM PDT by lainie
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To: RoughDobermann
Why are the Ten Commandments being displayed there anyway?

Judge Moore put it there after he was elected to the Supreme Court.

18 posted on 08/14/2003 12:07:53 PM PDT by Conservababe
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To: mhking
He will fight all the way to the Supreme Court.

Would that be the same Supreme Court that supports Affirmative Action and Gay Rights?

19 posted on 08/14/2003 12:07:54 PM PDT by jsbankston
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To: RoughDobermann
Why are the Ten Commandments being displayed there anyway?

The same reason they are displayed on the wall of the U.S. Supreme Court chambers.

20 posted on 08/14/2003 12:10:11 PM PDT by EternalVigilance
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To: jsbankston
Yes but this particular guy knows how to ask the right questions for once. This is about federal jurisdiction.
21 posted on 08/14/2003 12:10:52 PM PDT by lainie
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To: Conservababe
Judge Moore put it there after he was elected to the Supreme Court

Why?

22 posted on 08/14/2003 12:11:20 PM PDT by RoughDobermann (You either surf or fight.)
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To: All
"LAW OF THE LAND Backers of 10 Commandments to rally"


http://www.freerepublic.com/focus/f-news/963693/posts
23 posted on 08/14/2003 12:12:16 PM PDT by EternalVigilance
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To: Conservababe

Ten Commandments Defense Act of 2003

(1) The Declaration of Independence declares that governments are instituted to secure certain unalienable rights, including life, liberty, and the pursuit of happiness, with which all human beings are endowed by their Creator and to which they are entitled by the laws of nature and of nature's God.

(2) The organic laws of the United States Code and the constitutions of every State, using various expressions, recognize God as the source of the blessings of liberty.

(3) The First Amendment to the Constitution of the United States secures rights against laws respecting an establishment of religion or prohibiting the free exercise thereof made by the United States Government.

(4) The rights secured under the first amendment have been interpreted by courts of the United States Government to be included among the provisions of the fourteenth amendment.

(5) The tenth amendment reserves to the States respectively the powers not delegated to the United States Government nor prohibited to the States.

(6) Disputes and doubts have arisen with respect to public displays of the Ten Commandments and to other public expression of religious faith.

(7) Section 5 of the fourteenth amendment grants the Congress power to enforce the provisions of the said amendment.

(8) Article I, section 8, grants the Congress power to constitute tribunals inferior to the Supreme Court, and article III, section 1, grants the Congress power to ordain and establish courts in which the judicial power of the United States Government shall be vested.

SEC. 3. RELIGIOUS LIBERTY RIGHTS DECLARED.

(a) DISPLAY OF TEN COMMANDMENTS- The power to display the Ten Commandments on or within property owned or administered by the several States or political subdivisions thereof is hereby declared to be among the powers reserved to the States respectively.

(b) EXPRESSION OF RELIGIOUS FAITH- The expression of religious faith by individual persons on or within property owned or administered by the several States or political subdivisions thereof is hereby--

(1) declared to be among the rights secured against laws respecting an establishment of religion or prohibiting the free exercise of religion made or enforced by the United States Government or by any department or executive or judicial officer thereof; and

(2) declared to be among the liberties of which no State shall deprive any person without due process of law made in pursuance of powers reserved to the States respectively.

(c) EXERCISE OF JUDICIAL POWER- The courts constituted, ordained, and established by the Congress shall exercise the judicial power in a manner consistent with the foregoing declarations.


Religious Freedom Restoration Act

Congress finds the following:

(1) The freedom to practice religion and to express religious thought is acknowledged to be one of the fundamental and unalienable rights belonging to all individuals.

(2) The Framers of the Constitution deliberately withheld, in the main body of that document, any authority for the Federal Government to meddle with the religious affairs or with the free speech of the people. Then, as further and more specific protection for the people, they added the first amendment, which includes the `establishment clause' and the `freedom of speech clause' which are as follows: `Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech . . .'. It is of utmost importance to note that the first amendment is not a grant of authority to the Federal Government. To the contrary, it is a specific restriction upon the exercise of power by the Federal Government.

(3) For over 150 years, the Court held to this historically correct position in interpreting the first amendment. During this period, scant mention was made to `The Separation of Church and State'.

(4) Then, beginning in 1947, and accelerating through the 60's, the Court abruptly reversed its position. This was done with no change in the law, either by statute or by amendment to the Constitution. The Court invented the distorted meaning of the first amendment utilizing the separation of `church and state' in 1947 in Everson v. Board of Education when it announced: The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach. (Everson v. Board of Education; 330 U.S. 1, 18 [1947]). Over the past five decades, rulings of the United States Supreme Court have served to infringe upon the rights of Americans to enjoy freedom of speech relating to religious matters. Such infringements include the outlawing of prayer in schools and of the display of the Ten Commandments in public places. These rulings have not reflected a neutrality toward religious denominations but a hostility toward religious thought. They have served to undermine the foundation of not only our moral code but our system of law and justice.

(5) In making this abrupt change, the Court ignored all historical precedent established previously by the Court, the wording of the First Amendment, and the intent of its framers. The rulings are legally irrational and without foundation. Although the Court presumed to rely upon the First Amendment for its authority for these rulings, a review of that Amendment reveals that said rulings could not possibly have been based upon its original intent. Consequently, it is incumbent upon this Congress to review not only the rulings of the Court which are in question but the wording and history of the First Amendment to determine the intent of its framers. This abrupt change is found in the following court cases:

(A) `A verbal prayer offered in a school is unconstitutional, even if that prayer is both voluntary and denominationally neutral.' (Engel v. Vitale, 1962, Abington v. Schempp, 1963, Commissioner of Education v. School Committee of Leyden, 1971.)

(B) `Freedoms of speech and press are guaranteed to students and teachers unless the topic is religious, at which time such speech becomes unconstitutional.' (Stein v. Oshinsky, 1965, Collins v. Chandler Unified School District, 1981, Bishop v. Aronov, 1991, Duran v. Nitsche, 1991.)

(C) `It is unconstitutional for students to see the Ten Commandments since they might read, meditate upon, respect, or obey them.' (Stone v. Graham, 1980, Ring v. Grand Forks Public School District, 1980, Lanner v. Wimmer, 1981.)

(D) `If a student prays over his lunch, it is unconstitutional for him to pray aloud.' (Reed v. Van Hoven, 1965.)

(E) `The Ten Commandments , despite the fact that they are the basis of civil law and are depicted in engraved stone in the United States Supreme Court, may not be displayed at a public courthouse.' (Harvey v. Cobb County, 1993.)

(F) `When a student addresses an assembly of his peers, he effectively becomes a government representative; it is therefore unconstitutional for that student to engage in prayer.' (Harris v. Joint School District, 1994.)

(G) By interpreting the establishment clause to preclude prayer and other religious speech in any public place, the Supreme Court necessarily violates the free speech clause of the very same first amendment.

These rulings of the Court constitute de facto legislation or Constitution-amending. This is a serious violation of the doctrine of separation of powers, as all legislative authority bestowed by the people through the Constitution is bestowed upon the Congress and the Congress alone.

(6) A fundamental maxim of law is, whenever the intent of a statute or a constitution is in question, to refer to the words of its framers to determine their intent and use this intent as the true intent of the law.

(7) The intent of the First Amendment was and is clear on these two points: The Federal Government was prohibited from enacting any laws which would favor one religious denomination over another and the Federal Government has no power to forbid or prohibit any mention of religion, the Ten Commandments or reference to God in civic dialog.

(8) In its rulings to prohibit Americans from saying prayers in school or from displaying the Ten Commandments in public places, the Court has relied heavily upon the metaphor, `Separation of Church and State'. Note that this phrase is nowhere to be found in the First Amendment or any other place in the Constitution.

(9) The metaphor, `Separation of Church and State', was extracted, out of context, from a letter from Thomas Jefferson to the Danbury Baptists in reply to a letter from them expressing concern that the Federal Government might intrude in religious matters by favoring one denomination over another. Jefferson's reply was that the First Amendment would preclude such intrusion.

(10) The Court, in its use of Separation of Church and State, has given to this phrase a meaning never intended by its author; it took it out of context and inverted its meaning and intent. The complete text of Jefferson's letter is found in Jefferson, Writings, Vol. XVI, pp. 281-282, to the Danbury Baptist Association on January 1, 1802.

(11) Justice William Rehnquist made an extensive study of the history of the First Amendment. In his dissent in Wallace v. Jaffree (472 U.S. 38, 48, n. 30 [1984],) he stated: `There is simply no historical foundation for the proposition that the Framers intended to build the `wall of separation' that was constitutionalized in Everson. . . . But the greatest injury of the `wall' notion is its mischievous diversion of judges from the actual intentions of the drafters of the Bill of Rights. . . . [N]o amount of repetition of historical errors in judicial opinions can make the errors true. The `wall of separation between church and state' is a metaphor based on bad history. . . . It should be frankly and explicitly abandoned. . . . Our perception has been clouded not by the Constitution but by the mists of an unnecessary metaphor. It would come as much of a shock to those who drafted the Bill of Rights, as it will to a large number of thoughtful Americans today, to learn that the Constitution, as construed by the majority, prohibits the Alabama Legislature from endorsing prayer. George Washington himself, at the request of the very Congress which passed the Bill of Rights, proclaimed a day of public thanksgiving and prayer, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God. History must judge whether it was the Father of his Country in 1789, or a majority of the Court today, which has strayed from the meaning of the Establishment Clause.'

(12) As Justice Rehnquist states, the greatest injury of the `wall' notion is its `mischievous diversion of judges from the actual intentions of the drafters of the Bill of Rights. . . .' It is necessary to review not only Jefferson's intent in his use of this `wall', but his involvement or noninvolvement in the drafting of the First Amendment, and the intent of the framers of the First Amendment.

(13) Jefferson was neither the author of nor a coauthor of the First Amendment. He cannot be considered as a source of legal authority on this subject. The Court, if it had wished to rely upon Jefferson to determine the true and original intent of the First Amendment, could have served themselves and the American people well by referring to Jefferson's admonition to Judge William Johnson regarding the determination of the original intent of a statute or a constitution: `On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.' (Thomas Jefferson, Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Thomas Jefferson Randolph, editor [Boston: Gray and Bowen, 1830, Vol. IV., p. 373,] to Judge William Johnson on June 12, 1823).

(14) The principal authors of the First Amendment, the record reveals, were Fisher Ames and Elbridge Gerry of Massachusetts, not Thomas Jefferson. Others who participated were John Vining of Delaware, Daniel Carroll and Charles Carroll of Maryland, Benjamin Huntington, Roger Sherman and Oliver Ellsworth of Connecticut, William Paterson of New Jersey, and James Madison and George Mason of Virginia. Thomas Jefferson is not found in the record as having participated. (The Debates and Proceedings in the Congress of the United States [Washington, D.C.; Gales and Seaton, 1834], Vol. I, pp. 440-948, June 8-September 24, 1789.)

(15) George Mason, a member of the Constitutional Convention and recognized as `The Father of the Bill of Rights', submitted this proposal for the wording of the First Amendment: `All men have an equal, natural and unalienable right to the free exercise of religion, according to the dictates of conscience; and that no particular sect or society of Christians ought to be favored or established by law in preference to others.' (Kate Mason Rowland, The Life of George Mason [New York: G.P. Putnam's Sons, 1892,] Vol I, p. 244.)

(16) The Father of the Constitution, James Madison, submitted the following wording for the First Amendment: `The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established.' (The Debates and Proceedings in the Congress of the United States [Washington, D.C.; Gales and Season, 1834,] Vol. I, p. 451, James Madison, June 8, 1789.)

(17) The true intent of the First Amendment is reflected by the proposals submitted by Fisher Ames, George Mason and James Madison and the wording finally adopted.

(18) Justice Joseph Story, considered the Father of American Jurisprudence, stated in his Commentaries on the Constitution: `The real object of the [First A]mendment was not to countenance, much less to advance Mohometanism [sp], or Judaism, or infidelity by prostrating Christianity; but to exclude all rivalry among Christian sects and to prevent any national ecclesiastical establishment which should give to a hierarchy [a denominational council] the exclusive patronage of the national government. (Joseph Story, Commentaries on the Constitution of the United States [Boston; Hilliard, Gray and Company, 1833], p. 728, par. 1871.)

(19) Proof that the intent of the framers of the First Amendment did not intend for the Federal Government to restrict the exercise of free speech in religious matters in civic dialog is found in various statements by George Washington, who was President when the Congress adopted the First Amendment. The following is found in his `Farewell Address': ` . . . of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness.' (George Washington, Address of George Washington, President of the United States. . . . Preparatory to his Declination [Baltimore: George and Henry S. Keatinge, 1796], pp. 22-23.

(20) James Wilson was a very active member of the Convention and was later appointed by President George Washington as an original Justice on the United States Supreme Court where he coauthored America's first legal text on the Constitution. Wilson never mentioned a `separation of church and state'. To the contrary, he declared the correlation between religion and civil laws: Far from being rivals or enemies, religion and law are twin sisters, friends, and mutual assistants. (James Wilson, The Works of James Wilson, Bird Wilson, editor. Philadelphia; Bronson and Chauncey, 1804. Vol. I, pp. 104-106.)

(21) It was Fisher Ames of Massachusetts who provided, on the 20th of August, 1789, the final wording for the First Amendment as passed by the House of Representatives. Fisher Ames, who should be considered the foremost authority on the intent of the First Amendment, never spoke of a separation of church and state. (Fisher Ames, Works of Fisher Ames, Boston; T.B. Wait & Co. 1809, p. 134, 135.)

(22) Because the Court does not seem to be disposed to correct this egregious error, it is incumbent upon the Congress of the United States to perform its duty to support and defend the Constitution of the United States, by the use of its authority to apply checks and balances to other branches of the government, when usurpations and the exercise of excesses of power are evident. The Congress must, then, take the appropriate steps to correct egregious problem.

SEC. 3. REMOVAL OF RELIGIOUS FREEDOM-RELATED CASES FROM FEDERAL DISTRICT COURT JURISDICTION.

(a) IN GENERAL- Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section:

`Sec. 1369. Exclusion of jurisdiction over religious freedom-related cases

`(a) IN GENERAL- The district courts of the United States, the District Court of Guam, the District Court of the Virgin Islands, and the District Court for the Northern Mariana Islands shall not have jurisdiction to hear or determine any religious freedom-related case.

`(b) DEFINITION- For purposes of this section, the term `religious freedom-related case' means any action in which any requirement, prohibition, or other provision relating to religious freedom that is contained in a State or Federal statute is at issue.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following new item:

`1369. Exclusion of jurisdiction over religious freedom-related cases.'.

SEC. 4. REMOVAL OF RELIGIOUS FREEDOM-RELATED CASES FROM FEDERAL CLAIMS COURT JURISDICTION.

(a) IN GENERAL- Chapter 91 of title 28, United States Code, is amended by adding at the end the following new section:

`Sec. 1510. Removal of jurisdiction over religious freedom-related cases

`(a) IN GENERAL- The United States Court of Federal Claims shall not have jurisdiction to hear or determine any religious freedom-related case.

`(b) DEFINITION- For purposes of this section, the term `religious freedom-related case' means any action in which any requirement, prohibition, or other provision relating to religious freedom that is contained in a State or Federal statute is at issue.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 91 of title 28, United States Code, is amended by adding at the end the following new item:

`1510. Removal of jurisdiction over religious freedom-related cases.'.

SEC. 5. EFFECTIVE DATE.

The amendments made by this Act shall apply to cases filed on or after the date of the enactment of this Act.


"Conservatives and libertarians who once viewed the judiciary as the final bulwark against government tyranny must now accept that no branch of government even remotely performs its constitutional role. ...It's time for the executive and legislative branches to show some backbone, appoint judges who follow the Constitution, and remove those who do not." --Ron Paul 13 August 2003, Federalist No. 03-33, Wednesday Chronicle

The following explains why judge Myron Thompson is wrong:


The electorate must demand that Congress act in accordance with the testimony presented in Congress, the Court, and the Constitution

...the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.... The judiciary...has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

...It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power1; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks. ... from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate branches; and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security.

1 The celebrated Montesquieu, speaking of them, says: "Of the three powers above mentioned, the judiciary is next to nothing.'' "Montesquieu: The Spirit of Laws.'' vol. i., page 186. The Avalon Project : Federalist No 78

Why bother voting when the judiciary can knock down laws like so many bowling pins? The Case for Impeaching Rogue Judges & A Republic, If You Can Keep It


Citizens Organize Events to Support Chief Justice Moore

Court ordered him to remove Ten Commandments monument by August 20.

Federal judge Myron Thompson has ordered Chief Justice Roy Moore to remove the Ten Commandments monument from the Alabama Judicial Building by August 20, 2003. In response, Christian leaders are calling on Christians to come to Montgomery, Alabama, to show support for religious freedom.

Preliminary details are:

Restore the Commandments rally on August 16 at 10:00 a.m. on the steps of the Alabama Supreme Court, sponsored by Vision America.

Rally on August 19 at 8:00 p.m. Check sponsor Christian Defense Coalition for details.

Candlelight prayer vigil on August 20 at 12:01 a.m. at the Alabama Supreme Court, sponsored by Christian Defense Coalition.

From August 20 forward, Christians will gather at the Alabama Supreme Court every day at 8:00 a.m., 12:00 noon, and 6:00 p.m. Evening rallies will be at 7:30 p.m. at locations to be announced.

Christian Defense Coalition director Rev. Pat Mahoney stated, "We are going to peacefully and prayerfully kneel in front of the court to prevent the removal of the monument and will stay as long as necessary."

America21 has established a 24-hour prayer vigil for Chief Justice Moore for the week of August 10. Anyone can sign up for one or more time slots to pray.

Roy Moore, elected as Chief Justice of the Alabama Supreme Court in 2000, pledged in his campaign to bring the Ten Commandments to the State Supreme Court. He first gained national prominence as a state circuit judge when the ACLU sued him for posting a hand-carved wood plaque of the Ten Commandments in his courtroom and opening court sessions with prayers led by local clergymen. The case was dismissed because the ACLU lacked standing to challenge Judge Moore’s actions.

On August 1, 2001, he oversaw the installation of a monument to the Ten Commandments in the rotunda of the Alabama Supreme Court building. The 4-foot high, 2-ton monument also bears quotes from the Declaration of Independence, the National Anthem, the Pledge of Allegiance, Thomas Jefferson, George Mason, the Constitution of Alabama, and the Judiciary Act of 1789.

Private citizens commissioned the monument, which used no state funds for its creation or installation. Chief Justice Moore explained that it was installed at night, in after-duty hours, to not interfere with the work of the Court. The building manager, security, the marshals of the court and the legal staff were informed.

At a presentation ceremony the following day, Chief Justice Moore stated:

The institutions of our society are founded on the belief that there is an authority higher than the authority of the State; that there is a moral law which the State is powerless to alter; that the individual possesses rights, conferred by the Creator which government must respect.

On October 31, 2001, the ACLU, Americans United for Separation of Church and State, and the Southern Poverty Law Center filed two federal lawsuits against Chief Justice Moore. They represent several lawyers who practice in Alabama and found the Ten Commandments and statements from America’s founders "offensive" and therefore, in their view, unconstitutional.

The offense, the complaint states, is that the Ten Commandments monument communicates the belief that "the law of God is the foundation of—and superior to—the law and institutions of the citizenry, and that God is necessary to the administration of justice."

On November 18, 2002, U.S. District Court Judge Myron Thompson ruled that the monument was an endorsement of religion by the state, and ordered Chief Justice Moore to remove it within 30 days. But Thompson stayed (postponed) that order to await a decision from a federal appeals panel. The appeals panel upheld Thompson’s order last month.

On August 5, Judge Thompson lifted the stay and ordered the removal within 15 days. If not, Judge Thompson said he might fine the state each day the monument remains in place. This ultimatum raises serious questions, such as how a federal judge would collect the money and whether the state can refuse to pay.

One day before the order, Chief Justice Moore filed a brief contending Alabama’s Constitution allows the acknowledgement of God by the state, and that Judge Thompson did not have the authority to deprive the state of that right. He will also appeal to the U.S. Supreme Court.

Chief Justice Moore told The New American, "Anytime you deny the acknowledgement of God you are undermining the entire basis for which our country exists. Rights come from God, not from government. If government can give you rights, government can take them away from you. If God gives you rights, no man and no government can take them away from you. That was the premise of the organic law of this country, which is the Declaration of Independence. Because, if there is no God, then man’s power is the controlling aspect, and therefore power will be centralized."

To read an interview with Chief Justice Moore, as published in CWA's magazine, Family Voice, click here.


According to The Birmingham News, seventy percent of respondents support Chief Justice Moore's granite display, which includes the Ten Commandments, and statements from our nation's Founding Fathers that document America's Christian heritage. Only twenty percent disapprove of the monument's display, which was privately funded by Chief Justice Moore, and cost the taxpayers of Alabama nothing. The other ten percent were unsure. Tom Gordon, "Poll: Most back Moore on Ten Commandments," The Birmingham News, September 15, 2002

24 posted on 08/14/2003 12:12:27 PM PDT by Vindiciae Contra TyrannoSCOTUS
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To: jsbankston
I posted something like this on the pulled thread:

Chief Judge Moore needs four votes from the US Supreme Court to take the case, five to win. I count three votes: Scalia, Thomas and Rehnquist, as in the O'Bannon case of the last court session.

Additionally, had Chief Judge Moore requested a stay from federal court judge Thompson while he appealled to the Supreme Court, it probably would've been granted, thus obviating the need for him to file a writ of prohibition and writ of mandamus.

25 posted on 08/14/2003 12:13:09 PM PDT by Catspaw
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To: RoughDobermann
Ask his supporters at Coral Ridge Ministries that pointed question.
26 posted on 08/14/2003 12:13:18 PM PDT by habs4ever
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To: RoughDobermann
HE CAN, THAT'S WHY.
27 posted on 08/14/2003 12:13:56 PM PDT by Vindiciae Contra TyrannoSCOTUS
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To: Conservababe
Thank God for Judge Moore. I hope he knows how much we are behind him,praying for him. One man is making a difference.
28 posted on 08/14/2003 12:13:57 PM PDT by trustandobey
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To: jsbankston
Would that be the same Supreme Court that supports Affirmative Action and Gay Rights?

Touché...

29 posted on 08/14/2003 12:13:57 PM PDT by mhking
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To: EternalVigilance
What is the phrase that the US Supreme opens court...."God save this court"...I think.
30 posted on 08/14/2003 12:14:37 PM PDT by Conservababe
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To: Conservababe
Someone correct me if I'm wrong, but it's there a monument of the 10 Commandments on the US Supreme Courts' Building too?

If I were Judge Moore and this got to the SCOTUS, I'd walk out and point to it and asks the judges "Why is THAT THERE!?"
31 posted on 08/14/2003 12:15:35 PM PDT by OXENinFLA
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To: jsbankston
IMPEACH EM
32 posted on 08/14/2003 12:15:40 PM PDT by Vindiciae Contra TyrannoSCOTUS
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To: Conservababe
I think you're right.

Sounds like a good motto for all Americans right now...
33 posted on 08/14/2003 12:15:53 PM PDT by EternalVigilance (GOD save this court!)
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IIRC, he says his authority as a judge stems from the state's constitution, which is based on the religious principles outlined in (among other things) the inscribed commandments.

It's not about whether he should have or shouldn't have, and it's not even about why. It's about whether the federal government can waltz in and demand its removal.
34 posted on 08/14/2003 12:17:12 PM PDT by lainie
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To: RoughDobermann
"Why are the Ten Commandments being displayed there anyway?"

Because the Ten Commandments are the foundation of our Legal system.

sw

35 posted on 08/14/2003 12:17:20 PM PDT by spectre (Spectre's wife (In God We Trust)
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To: Vindiciae Contra TyrannoSCOTUS
Judge Moore also said that it now involves the eleventh amendment because of papers served to other judges. I really do not understand. Can you clarify?
36 posted on 08/14/2003 12:19:15 PM PDT by Conservababe
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To: Vindiciae Contra TyrannoSCOTUS; Alas
Exodus, chapter 20

"1": And God spake all these words, saying,

"2": I am the LORD thy God, which have brought thee out of the land of Egypt, out of the house of bondage.

"3": Thou shalt have no other gods before me.

"4": Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth:

"5": Thou shalt not bow down thyself to them, nor serve them: for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me;

"6": And shewing mercy unto thousands of them that love me, and keep my commandments.

"7": Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain.

"8": Remember the sabbath day, to keep it holy.

"9": Six days shalt thou labour, and do all thy work:

"10": But the seventh day is the sabbath of the LORD thy God: in it thou shalt not do any work, thou, nor thy son, nor thy daughter, thy manservant, nor thy maidservant, nor thy cattle, nor thy stranger that is within thy gates:

"11": For in six days the LORD made heaven and earth, the sea, and all that in them is, and rested the seventh day: wherefore the LORD blessed the sabbath day, and hallowed it.

"12": Honour thy father and thy mother: that thy days may be long upon the land which the LORD thy God giveth thee.

"13": Thou shalt not kill.

"14": Thou shalt not commit adultery.

"15": Thou shalt not steal.

"16": Thou shalt not bear false witness against thy neighbour.

"17": Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour's.

"18": And all the people saw the thunderings, and the lightnings, and the noise of the trumpet, and the mountain smoking: and when the people saw it, they removed, and stood afar off.

"19": And they said unto Moses, Speak thou with us, and we will hear: but let not God speak with us, lest we die.

"20": And Moses said unto the people, Fear not: for God is come to prove you, and that his fear may be before your faces, that ye sin not.

"21": And the people stood afar off, and Moses drew near unto the thick darkness where God was.

"22": And the LORD said unto Moses, Thus thou shalt say unto the children of Israel, Ye have seen that I have talked with you from heaven.

"23": Ye shall not make with me gods of silver, neither shall ye make unto you gods of gold.

"24": An altar of earth thou shalt make unto me, and shalt sacrifice thereon thy burnt offerings, and thy peace offerings, thy sheep, and thine oxen: in all places where I record my name I will come unto thee, and I will bless thee.

"25": And if thou wilt make me an altar of stone, thou shalt not build it of hewn stone: for if thou lift up thy tool upon it, thou hast polluted it.

"26": Neither shalt thou go up by steps unto mine altar, that thy nakedness be not discovered thereon.
37 posted on 08/14/2003 12:20:49 PM PDT by SLB
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To: Conservababe
My wife called me after seeing him on TV. She was moved to tears.
38 posted on 08/14/2003 12:22:12 PM PDT by wardaddy
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To: Conservababe
It would be great if W put him on the Supreme Court.

(But first nominate Ann Coulter so we can watch her slice and dice Teddy "Girls-Don't-Float" Kennedy during the confirmation hearings.)

39 posted on 08/14/2003 12:22:47 PM PDT by Tribune7
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To: RoughDobermann
I hope you are not as dumb as you are coming across. Try watching the news and see if you might learn the answers to your clueless questions.
40 posted on 08/14/2003 12:23:36 PM PDT by fish hawk
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To: RoughDobermann
Why are the Ten Commandments being displayed there anyway?

Same reason they and a plethora of religious images from several religions and even mythology dot our public buildings all over the country.....tradition.

41 posted on 08/14/2003 12:24:22 PM PDT by wardaddy
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To: familyofman
This is a good "robed thug" though!!!
42 posted on 08/14/2003 12:26:16 PM PDT by Baseballguy
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To: fish hawk
I hope you are not as dumb as you are coming across. Try watching the news and see if you might learn the answers to your clueless questions.

No, I'm not, thanks. Nor do I hope that you're really as arrogant, rude and obnoxious as you come across.

43 posted on 08/14/2003 12:27:02 PM PDT by RoughDobermann (You either surf or fight.)
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To: Conservababe

Amendment XI

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

JUST ANOTHER POPULAR CHECK ON THE RENEGADE FEDERAL JUDICARY. THE NEXT TO NOTHING FEDERAL JUDICARY, THAT IS.

We are Christians, Catholic, Protestant, and Orthodox, denouncing the Democratic party as constitutionally anti-Christian. DNC: The Godless Party, Practical Atheism - Touchstone, April, June 03

Now, 25 years later, I am ashamed to be a Democrat. More than that, I have come to fear my own party. Hatred and corruption - the roots of fascism - are on the march in America as they have never been before, and leading this march is the Democratic Party. Increasingly, mainstream Democrats are uncomfortable with what we see in our party. We may not have a real name for it, but we know it is dangerous. DNC Fascists -WorldNetDaily, Bob Just, July 25, 2000

Aldrich is afraid the Hard-Left might use American national security and our War on Terrorism as a veil for its goal of a massive authoritarian government. Book Review: Thunder on the Left by Gary Aldrich

The rest of the table demonstrates that secular voters and most religious minorities fell squarely in the Democratic camp. Secular voters favored Gore over Bush by an almost two-to-one margin. FT October 2001: America Fifty/Fifty

44 posted on 08/14/2003 12:27:24 PM PDT by Vindiciae Contra TyrannoSCOTUS
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To: Theodore R.
I believe that this judge will be handcuffed and taken into federal custody unless he agrees to follow the federal circuit judges. I can see popular Senators Leahy and Schumer now attacking Judge Moore and demanding "obedience to law."

Remember the outrage for the american public when they tried taking God out of the pledge? .. They try doing this, I'm guessing a number of americans will have something to say

45 posted on 08/14/2003 12:27:51 PM PDT by Mo1 (I have nothing to add .. just want to see if I make the cut and paste ;0))
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To: Mo1
outrage for the = outrage from the
46 posted on 08/14/2003 12:28:34 PM PDT by Mo1 (I have nothing to add .. just want to see if I make the cut and paste ;0))
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To: familyofman
They would have the right of appeal, as does he. It's called Representitve Democracy...look into it.
47 posted on 08/14/2003 12:31:48 PM PDT by Deb (My Tag Skies to Gotham & Con-Fabs With Net Prexies)
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To: habs4ever; Catspaw
For any Heinlein readers, the name Nehemiah Scudder comes to mind.

Before everybody starts "oorah-ing", lets recap:

Roy Moore, Chief Justice of the Alabama Supreme Court was elected as "the 10 Commandments Judge", based on some litigation he got into in 1998 over posting the 10 Commandments in his courtroom. In the course of that litigation, Coral Ridge Ministries, a TV ministry affiliated with Paul and Jan Crouch (shes the one with the purple hair and big fake boobs) paid the excessive sum of $170,000 to his "defense fund". Coral Ridge Ministries is a 60 million dollar a year enterprise, of which 3.8 million is directly spent on fundraising, and which has an affiliated political arm. The pastor of that "ministry" has been deeply involved with fundraising with the Crouches, and is a devotee of "Christian astrology".

When this stone idol to the 10 Commandments was installed in 2001, it was done under cover of night, with no consultation with or consent of the other justices of the state supreme court, but it was paid for and filmed by Coral Ridge Ministries, and used for extensive fundraising. Since then, Moore has been making statements which show his intent to put that monument up to the exclusion of other faiths, and to show some theocratic basis to American government. He has defied the court orders to take them down, meanwhile, Coral Ridge has paid over the sum of $375,000.00 for his overly excessive "defense fund"; some FReepers call for him to be President, and many have had harsh words about the conservative Reagan appointee that wrote the appellate opinion. At this point, a large rally is being gathered and Coral Ridge continues to benefit from donations - the language used to rally people in favor of Roy Moore's stone idol is inflammatory, and may spur some to violent acts.

48 posted on 08/14/2003 12:32:16 PM PDT by Chancellor Palpatine ("What if the hokey pokey is really what its all about?" - Jean Paul Sartre)
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To: RoughDobermann
Judge Moore put it there after he was elected to the Supreme Court

Why?

For self-serving publicity, to precipitate the current litigation and get in the news. He started the same fight when he was a circuit judge of no particular distinction in a small county, and used the state-wide publicity to get elected chief justice. It seems it still works.

49 posted on 08/14/2003 12:34:05 PM PDT by jbg
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Comment #50 Removed by Moderator


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