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Austin's Atheism Blog

By Austin Cline, About.com Guide to Atheism since 1998

Roy Moore Keeps Pushing Theocratic Bill

Thursday September 16, 2004
Roy Moore can't get enough of the headlines: he's still pushing for Congress to adopt a law that would prevent federal courts from reviewing the constitutionality of laws that would make America into a theocracy.

Mid South News reports:

Republicans were largely supportive of the plan while Democrats warned it would open a constitutional Pandora's Box. ...Moore is seeking congressional approval of a measure that would strip from the federal courts any power to abridge a public acknowledgment of God, such as the display of the Ten Commandments. Judges could be impeached for violations.
Moore, who was removed from office for defying a federal court order mandating that he remove a Ten Commandments monument from the state judicial building, maintains the existence of God is intrinsic to the country's history. Therefore, he says judges have no right to make laws abridging such an acknowledgment of God. "You see, we're erasing our history right under your noses in this Congress, right under your watchful eye," Moore said.

It's important to note that this isn't simply a matter of a judge saying "God exists," but of a judge taking concrete actions that say which god exists, what this god wants, and what people are expected to do in relation to this god. That's why he thinks that a simple "public acknowledgement of God" includes things like posting the Ten Commandments (but no other religious documents). He is looking for government endorsement of things like the Ten Commandments — and how much farther would he take it?

Michael J. Gerhardt of William & Mary law school said abridging federal decisions would simply create mass confusion among state court decisions. "You could have 50 different states reaching different conclusions over federal right and federal claims," Gerhardt said. "That kind of chaos, I believe, is prohibited by the Constitution."

It's not prohibited under a Roy Moore type of theocracy, though.

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