Tuesday, November 18, 2003

Conservatives Pitch a Fit

I sometimes wonder what “conservative groups” are thinking. Here is a story about how they do not like the recent decision that removed Mr. Moore from the Alabama Supreme Court Chief Justice position when he would not remove the ten commandments monument he had placed in the rotunda of the state courthouse. They are also upset about the removal of the ten commandments themselves and want to stop this from happening elsewhere.

To keep this from happening again their answer is to limit the power of the federal judiciary. The Constitution that we live under is based on the three branches of government, executive, congressional, and judicial, being able to act and counter balance the decisions of the other branches (checks and balances). Since most “conservative groups” paint themselves as true Americans I do not understand why they want to ignore the Constitution in this matter. The way I understand it you cannot have simple laws to limit the power of the judiciary it would take a Constitutional Amendment to do this.

I personally deplore "judicial activism" but in this case the justices relied on many years of precedent on the 1st amendment, which states Congress shall make no law respecting an establishment of religion and is interpreted as “separation of church and state”, to make their decision. There are many times I disagree with judicial decisions but instead of attacking the constitution to fight them people need to work within the frame of our laws and customs to make their changes.

If it were not for injustice, men would not know justice.
Heraclitus (540 BC - 480 BC)