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Judge Roy Moore – A True American Hero Revives Nullification

In case you haven't heard, there is a battle in Alabama over a monument to the Ten Commandments.

That state's Chief Justice, Roy Moore, commissioned the monument and had it placed in the rotunda of the state judicial building. As the result of the protests of various liberal groups the battle has become a federal case – literally. A federal judge declared the monument unconstitutional, citing so-called “separation of church and state” and ordered it removed.

Hero Moore has refused, making a declaration of his own and putting his career at risk. His declaration: Federal courts have no jurisdiction in this matter.

Judge Moore is obviously correct. Besides the fact that the monument does not establish a state religion, the United States Constitution prohibits congress from establishing a state religion – the religion clause was not originally intended to limit the states. The monument is clearly not an act of congress, so any way you cut it there is no violation on that point. Although the common claim is that the first amendment is made applicable to the states by the fourteenth amendment, that claim, besides being a false premise, still doesn't apply, since the monument does not result in any unequal “treatment under the law”.

Judge Moore clearly has the high ground both morally and legally.

Some “conservative” commentators have expressed concern over Moore's defiance of a court order citing the need to follow the rule of law. While they are right about the importance of the rule of law, they are mistaken about what law actually applies here.

The primary purpose of the U.S. Constitution is to define the role of the federal (or “general”) government – especially establishing it's limitations. The renegade judge who stuck his federal nose into this state issue has exceeded those limitations. Judge Moore IS following the rule of law, the supreme law of the land – the U.S. Constitution, including the 10th Amendment. (He is also following the Supreme law of mankind.)

Our hero is also following the example of great statesmen of the past, like Thomas Jefferson, by effectively “nullifying” an illegal federal mandate. In 1798 Jefferson drafted the Virgina and Kentucky resolutions which nullified the federal Alien and Sedition acts, which would have suspended due process of law. In 1832 nullification was again employed by South Carolina against the federal “tariff of abominations” which created and unconstitutional inequality in taxation of the several states. Besides these incidents, the threat of nullification was used many times to keep the federal government is it's proper place.

It's about time for some courageous men revive nullification and protect the American principles God has so richly blessed us with!

Judge Moore is pursuing principles – both moral and legal ones – at the risk of his own well-being. He is truly a modern American hero!

By: Ron Calzone
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Click HERE to read more about nullification. (Acrobat Reader file)

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