"From the darkness, sleeping light." Formerly luminus dormiens. Lux pacis, light of peace.

Quote: "Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us." --Bill Watterson, cartoonist, Calvin and Hobbes

20031123

Lawsuit Seeks to Restore Moore as Alabama Chief Justice -- 11/20/2003 (May need to register)

This is simple-minded even to think about. I would accept whether anyone wishes to have the Ten Commandments placed in the judicial branch. It's not a violation of the separation of the church and the state because the state was founded fundamentally as a Christian nation.

What was ridiculous was when former Alabama Chief Justice Roy Moore proclaimed that refusing to remove the monument is "an 'acknowledgement of God' protected by his First Amendment rights." The First Amendment only forbids Congress from enacting any law toward abridgment of the freedom of speech, establishment of an official religion, and prevention of individuals from gathering together to redress any grievances. It does not, however, forbid the federal judiciary, or even the executive branch from issuing orders contrary to the First Amendment.

Therefore, the federal judges are free to "legislate" over how far the rights of free speech can extend. The President is free to suppress any opposition to war. President Abraham Lincoln had himself done this, and is rightly labeled as a dictator. In an effort to raise support for their respective wars, the Civil War for Lincoln and World War II for Roosevelt, they had to shut down any media opposing them. Therefore, we can call him a beloved dictator.

The founding fathers recognized that war is practically impossible in a democracy, because the public opinion is subject to change based on how many people have died or whether a battle was lost.

So to ensure that the nation could defend themselves against any foreign powers, the founding fathers did NOT delegate the right to suspend Habeas Corpus to any branch, but did concede that in time of insurrection or invasion, it would be allowed. President Lincoln used that power, because it would have been difficult for Congress to be capable of enacting any such law, since they are too close to the populace and thus are easily influenced by them.

Inter arma silent leges. (In time of war, the laws are silent). The Suspension of Habeas Corpus

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