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MichaeltheGreat
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Apolyton Grand Executioner
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mooning the house that Ruth built.
Oct 1999 time: 21:30
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quote: Originally posted by Berzerker
MtG -
The word "law" in the 1st Amendment refers to congressional legislation as the words "Congress shall make no law" indicates, not "administrative" actions that have no force of law on others.
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So apparently it's optional for employees of the state supreme court to pay attention to directives of the chief justice as the administrative head of the state judiciary, because his directives have no force of law? Ok, then, problem solved. 
quote: Would that mean every politician who mentioned God throughout US history was passing a law in violation of the establishment clause? |
So let's see, for your argument, "law" is to be construed as narrowly as possible, and only apply Establishment Clause restrictions to one branch of the Federal government, (oh and let's not forget the Fourteenth Amendment's application to the states here), but now an administrative order to erect a prominent monument in a public area of a state government building, made by a senior official in connection executing his official duties is to be equated to any abstract "mention" of God by any politician? Sorry, I'm not playing those kind of definition games all night. Maybe Ming or somebody's up for MP civ. Maybe if Congress calls it an "act" instead of a law, they can join the other two branches of government in immunity from the Establishment Clause? 
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How about all those religious sentiments on monuments dotting the Washington landscape? |
Historical monuments in parks do not have the same impact as an announced intention to make "acknowledging God" a part of the mission of the highest judicial court in a given jurisdiction.
If there was a public park or mall outside the court building, and Judge Moore wanted his monument there, I'd have no problem with it. Hell, if he wanted it exactly where it is, but took the position that it relates to legal history and foundation, rather than proclaiming that he's going to make acknowledging God (as he interprets God) part of the mission of the Alabama Supreme Court, then the intent behind the action is squarely in violation of the Establishment Clause.
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Jon Miller
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acutally I tihnk that the monuments in DC are mostly Masonic
Jon Miller
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MichaeltheGreat
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Apolyton Grand Executioner
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mooning the house that Ruth built.
Oct 1999 time: 21:30
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quote: Originally posted by The diplomat
So the message is, "You can be a Christian, just not in public where we can see you."? |
He can be a Christian in public. I'm sure he goes to church on Sundays without doing so via a secret tunnel, to private sermons.
If Moore was a private citizen, and wanted to erect a 5,300 lb memorial to anything in a state building, he'd have a tough time of it.
He is using (openly and unabashedly, it was part of his campaign theme that got him elected), his office to promote religion.
Even as a legislator, he could campaign and get elected on a "bring back prayer to the schools and rename the state to the 'Holy Sovereign and Christian God Fearing State of Alabama and You Yankee Liberals Can Just Turn Your Asses Around and Go Back to Hell, New York, or Wherever You Come From'" platform, and it would be fine, because his legislative acts (or attempts to act) would be subject to majority consent of the legislature, executive action, and judicial review. Instead, he's the senior judicial officer of the state, with less review and constraint on his actions than probably any other official in the state.
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All times are GMT. The time now is 05:30. Apolyton Time is 00:30. |
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