Judge Roy S. Moore writes:
"'All told this Court's jurisprudence leaves courts, governments, and believers and nonbelievers alike confused--an observation that is hardly new.' With these words Justice Clarence Thomas accurately described the Supreme Court's latest efforts in McCreary County v. ACLU and Van Orden v. Perry to determine whether public displays of the Ten Commandments on state property are consistent with the U.S. Constitution...
"No wonder the American people are confused by such conflicting results contained in 10 separate writings that have no consistent legal analysis. The text of the First Amendment's Religion Clauses reads, 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' but was quoted in its entirety only one time in all the writings of the justices.
"As Justice Thomas so appropriately noted, one may, and indeed must, question why the court cautiously avoids the words of the First Amendment. We need to restore the original definitions of 'law,' 'establishment' and 'religion' in the First Amendment. A monument or display could never be a 'law,' the mere posting or installation of it is not an 'establishment,' and the recognition of God by the public display of the Ten Commandments is not 'religion...'
"With these cases, it should be clear that, as Justice Antonin Scalia opined in his McCreary County dissent, 'nothing stands behind the court's assertion that governmental affirmation of the society's belief in God is unconstitutional except the court's own say-so.'
"In 1952, Justice William O. Douglas, writing for the court, stated in Zorach v. Clauson, 'We are a religious people whose institutions presuppose a Supreme Being.' And in 1961 in McGowan v. Maryland, Justice Douglas observed that the 'institutions of our society are founded on a 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, and that the state possesses rights conferred by the Creator which government must respect.' However, this week in McCreary County and Van Orden, the high court contradicts history, logic and law in denying our inalienable right to acknowledge God.
"Certainly our courts have become arbitrary in depriving Americans of life by legal abortion or starvation, by snatching property rights for private economic gain (as we saw in Kelo v. New London), and now this week by restricting our freedom to acknowledge God. Every state constitution acknowledges God and so does our national motto, 'In God we trust.' Ironically, the Supreme Court itself opens with what they called a prayer in Engel v. Vitale, 'God save the United States and this honorable court.'
"A remedy is available in the Constitution Restoration Act of 2005--pending in both houses of Congress as H.R.1070 and S.520--which would enjoin the federal courts and the Supreme Court, under Article III, Section 2 of the Constitution, from interfering with the right of public officials to acknowledge God, and prevent those courts from ruling by foreign law rather than the United States Constitution they are sworn to uphold.
"Article VI of the Constitution requires all state and federal officials to support that Constitution as the 'supreme Law of the Land.' The American people ask no more and they deserve no less.
"May God save the United States from this honorable court."
Wall Street Journal OpinionJournal - Extra
The French Revolution
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