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Our Biased Federal Judiciary

By Dorothy Anne Seese

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There is only one way to become as Constitutionally illiterate as are the federal judges in America, and that is to be willfully ignorant and audaciously cavalier about the meaning of the Constitution and the Bill of Rights.

June 5, 2003, the date of this writing, is the date that the case of Judge Roy Moore was heard by the three-man 11th Circuit Court of Appeals.  Judge Moore's crime? Placing a two-ton granite monument in the rotunda of the Alabama Supreme Court, of which he is Chief Justice.  His reasoning is that the American legal system is based on the Ten Commandments (which are as Jewish as they are Christian) and that as such, they have true historical value.  Yes, Judge Roy Moore of Alabama is a Christian, which is why he's in court as a defendant rather than sitting on the bench.

In an article following this case authored by Todd Kleffman in the Montgomery Advertiser, Mr. Kleffman quotes Judge Ed Carnes of the 11th Circuit panel as saying:

"... if Alabama Chief Justice Roy Moore's Ten Commandments monument were allowed to stand, it would mean a massive revision of how the courts have interpreted the First Amendment for years."

Yes, and it would be high time!

The Supreme Court of the United States stuck its first mortal blow at Christianity (and Judaism, when it comes to the Ten Commandments) in a case entitled Engle v. Vitale, 370 U.S. 421 (1962).  The next year the infamous Murray v. Curlett case (brought by William Murray, son of the late Madalyn Murray O'Hair) was decided in favor of the atheists.  

Now a simple and direct reading of the First Amendment which is the establishment clause for the first four basic freedoms granted to all Americans says this:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (Emphasis added.)
Now ... where in the State of Alabama is the Congress of the United States located?  How does placement of a monument of historical value make a law?  How does placing a monument to the Ten Commandments "establish" religion any more than setting up a statue of a Greek "goddess" holding the scales of justice?

Now, let's take another look at what 11th Circuit Court of Appeals Judge Carnes said:   "... if Alabama Chief Justice Roy Moore's Ten Commandments monument were allowed to stand, it would mean a massive revision of how the courts have interpreted the First Amendment for years." (Emphasis added.)  

Note that Judge Carnes did NOT say that it would mean a massive revision of the plain text of the original First Amendment, but only of "how the courts have interpreted the First Amendment for years" ... specifically, since 1962.

There is a big difference in what the Bill of Rights says and what the Courts say, and this is where American Jurisprudence is falling on its face.  It is where Americans are losing their heritage and traditions.  It is where our societal structure is breaking down.  It is where the Christian faith is being attacked and other religions are not.  That is judicial bias, a reprehensible act on the part of those who are charged with findings of fact and conclusions of law.

And who are the plaintiffs in this action?  First, the Americal Civil Liberties Union (ACLU);  the Southern Poverty Law Center, and Americans United for Separation of Church and State -- all liberal, all anti-Christian and all minding someone else's business where the First Amendment plainly says that "Congress shall make no law ... nor prohibit the free exercise thereof."

Obviously the federal judges in this nation are anti-Christian or so many cases involving religion would not have appeared in the courts subsequent to the 1962 decision in Engle v. Vitale, supra, and decided in favor of anti-Christian plaintiffs.  Court tradition is more important to Judge Carnes than fact or the plain wording of the Bill of Rights, Article I (the First Amendment).

Congress shall not establish any state religion!  Congress shall not prohibit the free exercise of religion.

Now ... how do either of those statements comport with the actions of the judiciary in prohibiting Judge Moore's monument? Is anyone attacking the statues of Greek goddesses?  Is bias obvious?  

Atheists are free to practice their unbelief.  Hindus, Buddhists, Muslims, Bahai, and others freely practice their religion in the United States.  Why is this bias against our Christian heritage and tradition offensive to anyone when it is displayed in public places? Are churches with crosses on top offensive and thus illegal?  It seems the Constitution and Bill of Rights can be wrested by the judiciary to punish Christians while leaving all other religions alone, thus prohibiting the free exercise of religion, an unconstitutional act.

It's time someone began to impeach some judges and justices for violating the Constitution and Bill of Rights. Bias is malfeasance of office, particularly in a judicial office.  Let's just say so and make the judges in this nation judge according to the Law of the Land and not their personal bias.







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