Memo to Congress: Judges must get out of our faith

Memo to Congress: Judges must get out of our faith
Lawmakers suggest 'gift' to courts: No more religious speech disputes

The Louisiana state Legislature has announced a desire to give a "gift" to the federal judiciary, especially those members who of late have debated the constitutionality of "Merry Christmas" greetings and other acknowledgments that there is, actually, a reason for the season.

"Whereas, the Louisiana Legislature recognizes that this is the season to give gifts and be charitable and an integral part of the season is the inclusion and acknowledgment of Jesus Christ," state senators said, "Therefore, be it resolved that the Legislature of Louisiana memorializes the Congress of the United States to adopt the Constitution Restoration Act, thereby reducing the caseload of our federal courts by removing from their jurisdiction any and all cases involving the acknowledgment of God as the sovereign source of law, liberty, or government as authorized by Article III, Section 2, of the United States Constitution."

The issue, according to a retired Louisiana judge who now is a consultant, was approved unanimously in both houses of the Legislature, which was meeting in special session to deal with budgetary issues.

"It is appropriate that on Bill of Rights Day – December 15th – Louisiana's Legislature cared enough to unanimously pass two resolutions (HCR33 and SCR23) asking Congress to enact the Constitution Restoration Act (CRA)," said Judge Darrell White, who finished 20 years of elected service on the Baton Rouge City Court in 1999, and consults for the Louisiana Family Forum.

"Once adopted, this hope-inspiring federal legislation removes from federal court jurisdiction cases affecting the 'acknowledgment of God as the sovereign source of law, liberty or government,'" he said in a letter to the editor promoting the issues. "Religious free speech will again be treated like other free speech.

"After all, what better gift could America give to the God-In-Whom-We-Trust during this holiday season that to reaffirm the peoples' right to publicly acknowledge His existence?"

The resolutions noted that courts, including the U.S. Supreme Court, have debated the issues involved. In two opinions in 2005 alone, the nation's highest court found "that it is inconsistent with the First Amendment to display the Ten Commandments in an outdoor public square in Texas, but not on the courthouse walls of two counties in Kentucky…"

The nation's own Constitution "ends with an acknowledgment of Jesus Christ in Article VII, providing in pertinent part 'Done … in the Year of our Lord…'" but people in the nation still are doubtful whether it is even constitutional to extend greetings of "Merry Christmas," the resolutions said.

The U.S. Constitution also makes no restriction on the ability of states, municipalities, or individuals to acknowledge God and the federal judiciary in recent years repeatedly "has overstepped its constitutional boundaries and ruled against" that.

The House version of the resolution, authored by Rep. Gary Beard noted Supreme Court Chief Justice William Rehnquist, in a Texas case, referred to the "duplicity" of the court in telling local governments they may not display the Ten Commandments while at the same time allowing that same representation to be on the Supreme Court building.

WND has reportedly extensively on the multiple representations of the Ten Commandments at the U.S. Supreme Court, as well as what apparently is an organized campaign to change references to at least some of those to the "Ten Amendments."

"Since 1935, Moses has stood holding two tablets that reveal portions of the Ten Commandments written in Hebrew among other lawgivers in the south frieze," Rehnquist wrote. "Representations of the Ten Commandments adorn the metal gates lining the north and south sides of the courtroom as well as the doors leading into the courtroom. Moses also sits on the exterior east façade of the building holding the Ten Commandments tablets."

White said some "simple clarity" like acknowledging God as the nation's founders did "might seem like coal in the stockings of some grinches this Christmas season, but no one should be allowed to steal Christmas – or America's unmistakable spiritual heritage."

He said besides the wealth of acknowledgment to God, the Federalist Papers, in a section attributed by different groups to Alexander Hamilton or James Madison, offered assurance that the U.S. House, if there ever was a need, could return the country to the Constitution.

"We are warranted in believing, that if such a revolution should ever happen from causes which the foresight of man cannot guard against, the House of Representatives, with the people on their side, will at all times be able to bring back the Constitution to its primitive form and principles," it said.

In White's letter to the editor, he noted that the Constitution Restoration Act, even though it had no congressional committee hearings in 2006, grew its support with 50 House members and 10 senators now onboard.

"And support will grow with each grinchy federal court ruling such as the one where ACLU-state-president-and-now-federal-district judge Helen Berrigan twisted the plain language of the First Amendment to grant the ACLU's demand that Tangipahoa Parish School Board stop opening its meetings in prayer," White said.

"Will Louisiana's 'Christmas Constitution Restoration Resolution's' grow legs and become the gift that keeps on giving? That depends on whether we are alert to danger," White said. "All constitution-loving Americans should be shocked into action since last year's ruling by an unelected federal judge that told the elected Indiana House of Representatives how to pray!"

He said similar requests to Congress about the proposal have come from elected officials in Idaho, Missouri and Texas.

"May we pray that this same bipartisan 'we the people' spirit will kindle resolve among other freedom-loving Americans to follow suit," he said.

White said he'd been disappointed in some areas of Republican accomplishment in recent years, including this area.

"Wouldn't it be like God for Hillary Clinton to grab onto this and say, 'I can get some mileage out of this,' or have Obama whatever-his-name-is say, 'I'm going to do this,'" White told WND.

The CRA, supported by former Alabama Supreme Court Chief Justice and WND columnist Judge Roy Moore would use Article III of the Constitution, which regulates the judiciary, to cap the activism that is putting many judges now in the position of ruling on whether a grade-schooler can sing a Christian song at a talent show, or whether Christian students can meet on a college campus, and similar issues.

It specifically does not "establish" a religion. In 1954, Congress noted that, "A distinction must be made between the existence of religion as an institution and a belief in the sovereignty of God."

The resolutions are the second round for state lawmakers in Louisiana to encourage Congress to get this done. Lawmakers a year ago became the first state lawmaking assembly in the nation to endorse the CRA.

White, who lives in Baton Rouge, La., also is founder of Retired Judges of America.