Author - Speaker - teacher
Alabama fired Judge Roy Moore yesterday. Civilization will be saved.
To hear the distinguished Alabama judicial review panel’s spin, Moore’s principled intransigence threatened the very existence of America’s legal system.
I beg to differ.
In 1997, Moore stood against Alabama’s courts by refusing to remove a 10 Commandments plaque from his courtroom. Then, in a move that stunned anti-religious zealots, and despite widespread knowledge of Moore’s defiance of its own state courts, Alabama voters elected him to be their Chief Justice! When Moore refused to remove the 10 Commandments monument from the state’s Supreme Court building this past summer, the voters could not have been surprised.
The Alabama board cited precedent saying that judges should not be allowed to decide the law on their own. When Alabamans elected Justice Moore, they were explicitly approving his defense of the 10 Commandments, thereby supporting the right to display this symbol of America’s legal system. Some of us still thought that “We the People” had that right.
The Alabama judicial board disagreed with the voters. Instead, they said that judges who make up laws need to be muzzled and fired from the bench. Judge Moore’s problem, and by extension, America’s problem, is that during the past 50 years, liberal courts at all levels have been doing just that. Creating their own laws and defying elected lawmakers became the passion and practice of modern activist federal judges.
So, please tell me, who else will tell the U.S. Supreme Court to stop writing laws? Judge Moore did it when he defied the federal bench.
The U.S. Supreme Court rewrote the U.S. Constitution in 1947 and 1948 as to the meaning of the First Amendment. The Court said it prohibited government from encouraging religion. For 150 years prior to that, the Court had seen it otherwise, that is, as the writers of the First Amendment saw it. By their action, the modern Court set in legal cement this idea of the separation of religion from state that eventually led to Judge Moore’s conviction to make such a principled stand.
Congress never wrote a new law that banned public support of religious expression – The Court did it. Then the Court ordered Judge Moore to obey its law. This is judicial tyranny.
Lawyers assert that Judge Moore clearly violated the law, because lawyers learn the law from reading case precedents, not from the constitution. To most lawyers, the Court is the lawmaker. And when pesky Congressmen get in the way of what lawyers want, they sue, and find willing judges to rewrite the law.
Recently, Congress overwhelmingly passed a ban on partial birth abortion. Within days, three federal judges stopped the law in its tracks. If these judges have their way, they will rewrite this law, too, instead of letting the Congressmen who wrote it face the people at the next election.
When the Court writes the law, the People have no say. No matter what they ask Congress to do, the Court can nullify it.
Judge Moore, by his courageous action, has said, “Enough!”
Read the preamble to Alabama’s State Constitution. Judge Moore took an oath to uphold that constitution which invokes the “favor and guidance of Almighty God,” as an essential to governance. The 10 Commandments represent God’s guidance.
If America is to be freed from what the Court sees as some sort of religious symbol curse, then it is the duty of Congress to make illegal such public displays. That would be the right way – the constitutional way – to address the issue. In our Republic, it is the duty of Congress to make such decisions, not the Courts.
Judge Moore has interposed himself between citizens who he swore to protect and the tyranny of the federal judiciary. By so doing, he has forced all of us to confront this truth; Americans no longer live in a Republic, but in an oligarchy run by activist members of an elite club, the United States Federal Courts.