Quoted:
Quoted: His position is that the people of Alabama have the right to place anything they desire in their Supreme Court building. And that the Fereral Government does not have the right to over-rule the people of that soverign state.
| Ahh, states rights... So, you'd have no problem with Alabama, if they chose to do so, formally adopting the Baptist sect as the faith-o-the-state. After all, the Constitution only applies federally right? Unfortunately, if you believe that the current view of incorporation is a faulty ideal, then you also must acknowledge that the CA AWB and other gun control measures stand up to a constitutional test. After all, those laws were enacted by a soverign state...
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DriftPunch: Like most of America, you missed the central issue of this situation. (I apologize for posting to this issue so late, but I couldn't access Arfcom all day yesterday for some reason...)
The question of the constitutionality of Roy Moore's initial action, i.e. placing the monument in the Judicial Complex in the first place, has yet to be determined and the USSC has refused to hear the case. This had nothing to do with the hearing yesterday.
He was removed from office yesterday for "ethics violations," specifically for refusing to obey Judge Thompson's order to remove the monument. That order was issued before his appeals were exhausted regarding the initial question. It was also in direct conflict with his oath of office to defend Alabama's Constitution, which SPECIFICALLY ACKNOWLEDGES GOD.
So the central issue is whether or not an elected state judge must follow an order issued by a federal judge which violates his oath of office and/or his state's constitution.You clearly believe his initial actions violated the First Amendment - I don't - but that is irrelevant to his removal from office.
You seem to support the idea that he should be forced to follow any federal order blindly - I don't.
I believe the JIC panel yesterday was composed, without exception, by cowards - you probably consider them heroes.
And neither of us is going to change the other's mind - so be it.
(All I know is that my fellow Alabamians had better join me in praying that Judge Thompson doesn't issue an order for Bill Pryor to start rounding up our guns...)
FWIW,
Old_Painless couldn't be more right (as usual
). Roy Moore is a great man who is sincere in his convictions. I'd pit his legal prowess against any - he has a photographic memory and an enviably exhaustive knowledge of the law, history, and government. And he is a nice, friendly man to boot. My prayers are with him still, and I am far from alone on this.
And you haven't heard the last of him...