About Wanderings

Each week I will post my current syndicated newspaper column that focuses upon social issues, the media, pop culture and whatever might be interesting that week. During the week, I'll also post comments (a few words to a few paragraphs) about issues in the news. These are informal postings. Check out http://www.facebook.com/walterbrasch And, please go to http://www.greeleyandstone.com/ to learn about my latest book.



Showing posts with label judicial practices. Show all posts
Showing posts with label judicial practices. Show all posts

Friday, July 3, 2015

Three Commandments for Every State Capitol


by Walter Brasch

      The Oklahoma Supreme Court this past week ordered the legislature and the executive branch to remove a six-foot tall Ten Commandments granite monument from the front of the state house.
      The monument was placed there in January and is a direct violation of the First Amendment.
      The response by dozens of legislators, most of whom may be illiterate about the Constitution, was to call for the impeachment of the justices. The state’s attorney general who, presumably, took Constitutional Law in college, said he would appeal the decision. He, and many legislators, are also thinking of repealing the part of the state constitution that prohibits the use of public funds for religious purposes. The only question here is—how much taxpayer money will the state waste in the appeals and an action to rewrite the state constitution before the Supreme Court of the United States officially declares Oklahoma to be in need of long-term mental health assistance.
      Over in Alabama, Ray Moore, the state’s chief justice, thinks the Ten Commandments should be in front of the court house. The other eight justices disagreed with him, and the Alabama Court of the Judiciary removed him in 2003 from office for violating both the Constitution and a federal court order to remove the 5,200 pound granite block he had commissioned.
      After several failed attempts to become the state’s governor, Moore again ran for the office of chief justice, and was elected in 2012, still pledging to violate state and federal law.
       I have no objections to the Ten Commandments being placed in public spaces, especially court houses and state capital lawns.
      But, there are a few requirements I have.
      First, God gave Moses the Ten Commandments, and entered into a covenant with the Jews more than 1,200 years before the seeds of Christianity were planted. God didn’t give the Ten Commandments to the Southern Baptists, Muslims, Hindis, or even the Church of the Flying Spaghetti Monster. So, if the legislatures and other politicians want a Ten Commandments monument in public places, they must first become Jews.
      It makes no difference if it’s Orthodox, Conservative, or Reform. I don’t care if they become Chassidic, Reconstructionist, or even secular Jews. But, they must become Jews. This would be God’s will.
      Second, because Jews tend to be more liberal in social issues than the rest of the population, the politicians would be expected to embrace universal health care, civil rights for all people—including the right of same-sex marriage, improved working conditions and wages, a strong commitment to those who are of the underclass of society, a tolerance and understanding of others’ faiths, and activism for environmental and animal rights issues.
      Third, they must follow all of the commandments, especially the one about not committing adultery.
      They can choose which day of the week they could hold as holy. If they choose Saturday, the Jews’ day of Sabbath, they would be forbidden from playing golf or working on their broken-down pick-up trucks. If they choose Sunday as the day of Sabbath, they wouldn’t be allowed to watch NFL football.
      It’s not much to ask them to do. Become Jews. Embrace liberal social issues. And follow the commandments.
      When they agree to these terms, I might be able to support them wanting to place the Ten Commandments on the lawns of their state houses—but only after they write a new Constitution, and reform the United States as a Jewish state, not unlike the socialist Israeli state.

      [Dr. Brasch is a social issues journalist, retired university professor of mass communications, and author of 20 books. His latest is Fracking Pennsylvania, a definitive look at the economics, politics, and health, and environmental; effects surrounding fracking in the country.]

Sunday, July 24, 2011

‘10 Commandments Judge’ Running for President


by Walter Brasch

           
    
The chief justice of the Alabama Supreme Court who was removed from office for defying the Constitution and a federal court order is one of 14 major candidates running for the Republican nomination for the presidency.
            Alabama’s Court of the Judiciary unanimously had ordered Roy S. Moore removed from office in November 2003 after he refused to remove from the judiciary building rotunda a 5,280 pound granite monument to the Ten Commandments. Around its base were extracts from the Declaration of Independence, quotes from the Founding Fathers, and the National Anthem. The three foot square by four foot tall monument was funded by private contributions.
            As circuit judge, Moore had placed onto the wall of his courtroom a wooden Ten Commandments plaque he had carved, and opened each court session with a Protestant prayer. He also had defied a Circuit Court ruling to remove the plaque and to cease prayers. A suit filed in the Alabama Supreme Court was dismissed for technical reasons, and Moore said he would continue to hold prayers before court.
            His campaign for Chief Justice, supported by the Christian Family Association, was to return “God to our public life and restore the moral foundation of our law.” On July 31, 2001, about six months after he was inaugurated as chief justice, Moore personally supervised the installation of the granite monument, stating that the Supreme Court needed something grander than the wooden plaque in the Circuit Court. In the subsequent lawsuit, Glassroth v. Moore, the chief justice, using the words of the Alabama Constitution, argued  “in order to establish justice we must invoke ‘the favor and guidance of almighty God.’” The Ten Commandments, he said, are the “moral foundation” of American law; the presence of the monument recognizes “the sovereignty of God.” What Moore didn’t state is that Exodus and Deuteronomy have different versions, and subsequent Christian religions have at least three versions. It is a Protestant version that was carved into the granite.
            The federal court ruled that placement of the monument, and Moore’s repeated statements that the monument represented God’s sovereignty over all matters judicial and moral, violated the Establishment Clause of the First Amendment. That decision was upheld by the Eleventh Circuit Court of Appeals.
            With strong popular support, Moore said not only were the courts’ rulings illegal, but that he would continue to defy them. Moore frequently cited the Alabama Constitution that justice was determined by “involving the favor and guidance of Almighty God.” The message sent to the citizens was that it’s acceptable to disregard two centuries of legal history that gave the federal constitution supremacy over states, and to violate federal law if you disagree with it. For a citizen to do so carries penalties; for a judge to do so carries removal from office.
            Reflecting upon the case, Moore told rockthecapital.com that even eight years after his removal from office, he “would still make the same decision.” The role of government, says Moore, “is to secure those rights that [a Christian] God has given us.”
            He says that while he supports religious diversity, the “source of our morality stems from our belief in a god, and a specific god.” However, in his Dec. 13, 2006, column for WorldNetDaily, Moore stated that Rep. Keith Ellison (D-Minn.), a Muslim, should be denied the right to hold office because “in the midst of a war with Islamic terrorists we should not place someone in a position of great power who shares their doctrine.”
            Roy Moore says he is running for the presidency because “there’s a need for leadership in the country,” and neither President Obama nor the leaders of both parties in Congress are providing that leadership. “Petty politics,” he says, are taking precedence over the needs of the country. “We can’t get anything done,” he says, “because decisions are [made] not what’s good for the country but what is good for the party.”
            Moore identifies a weak economy as “the foremost problem today.” The nation “is going the wrong way,” he says. He acknowledges that much of the problem came under the Bush–Cheney Administration, “but was increased by Obama.” Although the Republicans propose cutting critical social programs rather than raising the debt ceiling, every Congressional leader, Democrat and Republican, voted to increase the debt ceiling during the past decade, with the highest increases under Republican presidents: Ronald Reagan (189%), George H.W. Bush (55%), and George W. Bush (86%). In Bill Clinton’s two terms. The debt ceiling was increased only 37 percent; Barack Obama is asking for a 35 percent increase.
            Moore, a “states’ rights” advocate, shares the views of most conservative candidates for the Presidency. Among those views are:
            ● the federal income tax should be abolished.
            ● Abortion, for any reason, should not have federal funds because not only does it “contradict the right to life contained in the organic law of our country,” it violates the 14th Amendment.
            ● People should “have the right to choose their own employment,” instead of having to join unions. Therefore, says Moore, all states should have “right-to-work” laws. If Moore’s vision is enacted, these laws would effectively cripple unions from representing the workers.
            ● Same sex marriage, says Moore, violates the will of God. In one case, while he served as chief justice, he argued that homosexual behavior is “a crime against nature, an inherent evil, and an act so heinous that it defies one’s ability to describe it.”
            However, on a couple of issues, his views lean closer to those of liberals. He opposes the nation’s entry into war without Congressional authorization. Moore is a graduate of West Point, who became an MP company commander at the end of the Vietnam War, and then graduated from the University of Alabama law school. He opposes the U.S. intrusion into Libya on both military and legal grounds. “It’s very easy for a president to be sucked into global wars,” he says, “but it’s not our goal to go over there [Libya] and take out a leader just because we don’t like him.” Unlike many Republicans, he acknowledges that the Libyan attack, like the U.S. invasion of Iraq under the Bush–Cheney Administration, should have had Congressional approval under the War Powers Act of 1973.
            Moore, who owns horses—he once spent a year as a cowboy in Australia working for a fundamentalist Christian—believes that the dwindling population of wild horses and burros in the Southwest, and all wild animals, should be protected. Both the Bush–Cheney and Obama administrations have failed to do so, often influenced by the cattle and meat industry.
            Moore, near the bottom of the pack in the polls, probably won’t become the Republican nominee. But, unlike some conservative candidates, he doesn’t parade his religious beliefs to gain votes. He lives the life of his religious convictions, and isn’t afraid to make sure everyone knows what they are, especially when they provide the base for his political and judicial views.
            However, it’s one thing to be religious, and to have your religion be a part of your life. But the Founding Fathers were specific in their belief that religion should be separate from government. They had seen the evils of a religious-based government, where one specific religion dominates the daily lives of all.
            They didn’t want to eliminate religion. They wanted to assure that Americans had the right of being believers of any religion—or no religion if they wished.
            And that’s why there is strict separation of church and state, something Roy Moore, as chief justice of the Alabama Supreme Court, didn’t fully understand in his open defiance of the Constitution. And that’s why he should not be considered for the presidency.