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Ex-Alabama
justice pushes judicial plan; Congress in no rush
JEFFREY McMURRAY
Associated Press
WASHINGTON
- Ousted Alabama Chief Justice Roy Moore contends judges have
overstepped their authority in religious expression cases, but his bid
to reverse the trend continues to move slowly at best, despite his
personal pleas to Congress.
Making his second appearance before Congress in just over three
months, Moore on Monday defended the Constitution Restoration Act,
which he helped write, before a House Judiciary Committee panel on
courts, the Internet and intellectual property.
As was the case in June, when he faced the Senate in a more
generic hearing about the separation of church and state, Republicans
were largely supportive of the plan while Democrats warned it would
open a constitutional Pandora's Box.
With a divided Congress and no indication of support from the
White House, it's unclear how soon - if ever - lawmakers could act on
his plan. There is virtually no chance of passage this year with a
crowded legislative calendar and only weeks to go in the session.
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.
Rep. Howard Berman, D-Calif., said the bill would amount to a
sidestep of the checks and balances the founding fathers put in the
Constitution, allowing Congress to decide what topics are and aren't
the judicial system's business. Currently only a constitutional
amendment can reverse the Supreme Court's final ruling.
"The framers deliberately made it difficult to achieve because
they did not want legislators repeatedly tinkering with the founding
document," Berman said.
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.
Besides the Democratic critics, two law professors argued
Moore's proposal would amount to a constitutional crisis. 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."
Democrats were particularly critical Monday of a provision in
the bill that would allow judges to be impeached for rulings that, in
the view of Congress, overstep their authority. The Constitution
allows public officials to be impeached for "high crimes and
misdemeanors," but in practice, official public acts haven't risen to
that level.
In an interview with The Associated Press earlier Monday, Moore
said he was disappointed the Republican Party didn't include stronger
language on the acknowledgment of God in drafting its platform at the
national convention earlier this month.
Despite this and a mixed reception from lawmakers, he said he
senses the movement is gaining steam.
"I think it's moving on its own," Moore said. "Nobody else is
pushing this. The reason it does have momentum is simply because it's
truth, and people are starting to wake up to the truth." |