wordsimageslife
an exploration of life as a parent & designer

An American Theocracy

Having grown-up in the Bible Belt nothing bothered me more as a kid then people who couldn't understand, or accept, that there were other religions other then those associated with Christianity. That seemed shocked that there might actually be people who didn't believe that Christ was the Messiah, or the son of G-d. The Religious Right has always scared me in their absolute belief in their teachings at the exclusion of others who don't believe as they do. (This applies to most right-winged groups, by the way). But something more disturbing has come to my attention, the Constitutional Restoration Act.

This act drafted by Herb Titus, the lawyer for former Judge Roy Smith, looks to limit the Supreme Court's jurisdiction. The bill limits the US Supreme Court and federal courts to hear cases involving the "expression of religious faith by elected or appointed officials." Supporters of the bill claim that its "intention is to prevent the courts from hearing cases involving the Ten Commandments or a Nativity Scene in a public setting from being reviewed." However, the law has broad implications and clearly acknowledges G-d as the "sovereign source of law" by officials in the capacity of executing their office. Quoted in a write-up I read, John Giles, Alabama's President of the Christian Coaltion, summarizes the position of the right distinctly. "The greatest unbridled abuse by the Federal judiciary for over forty years has been in the area of redefining the acknowledgement of G-d as the sovereign source of law...We define this as judicial activism, making law from the bench. These unconstitutional rulings have gone unchecked by other branches of government."

The proposed law reads:

"Notwithstanding any other provision of this chapter, the Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any matter to the extent that relief is sought against an element of Federal, State, or local government, or against an officer of Federal, State, or local government (whether or not acting in official personal capacity), by reason of that element’s or officer’s acknowledgment of God as the sovereign source of law, liberty, or government.”"

The implications of this law, to be added to Sec. 1260 of Title 28, Chapter 81 of the U.S. Code, might allow any judge to institute biblical punishments, like stoning, without being subject to review by the Supreme Court or any part of the Federal Court System.

Additionally the bill proposes the punishment of sitting judges by requiring impeachment and removal, for relying on other state's decisions or jurisdiction, such as a another state's constitution law, administrative rule or judicial decision. This "Interpretation of the Constitution" ( Section 201) reads:

"In interpreting and applying the Constitution of the United States, a court of the United States may not rely upon any constitution, law, administrative rule, Executive order, directive, policy, judicial decision, or any other action of an foreign state or international organization or agency, other than the constitutional law and English common law."

I have learned that the word "foreign" is a term in the art of law which can refer to jurisdictions within the US, and not just entities outside our borders. This is very troubling. The whole thing is actually damn scary and that's why I'm blogging about it.

I don't care if you are Christian, Jewish, Muslim, Agnostic, Atheist, if you believe in freedom then you better take this issue seriously and don't allow this Dominionist reformation of our judiciary, which would basically render our American democracy into a Christian religious-right driven Theocracy, to become law. Call your senators and congressmen/women and urge them to vote this bill down. More importantly spread the word to everyone and anyone you know who cares about our personal freedoms.

(Much of my material was paraphrased from the Yurica Report. Feel free to visit this site for more information on the activities of the Dominionists and what they are attempting to do via their position's in the US Congress. Additional writings on this subject, can be found here and here.

Currently the bill has been referred to the House Committee on the Judiciary.

 

Posted by robdesign at March 27, 2004 10:24 AM