The Constitution says that Congress shall make no law.... The procedures and policies of the Judicial branch are not subject to Congress, and so there is no problem, there. That's the first loophole da Judge is working on.
Second, as Congress shall make no law, but gives to the States all other rights (10th Amendment), the States may have the right to make those laws as they see fit. And, Alabamastan's Constitution gives the display of religious materials permission.... That's the second loophole/angle.
Da Judge was sued in Federal court, but technically they have no jurisdiction over the Supreme Court of Alabama (which is not part of the Federal Appeals Court circuits) and thus may not be directed to follow any law except the Federal Laws, and that's where we get back to loophole number one....
It's an icky case, and not nearly as clear cut as people pretend. Should be interesting to play out.
FWIW: I oppose flinging religion in anyone's face outside your own home, to the point that my own uniform is muted so as not to offend. It's part of the rightness of God's lesson that I not send others to sin by my actions, you see....
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timeasmymeasure
no subject
Date: 2003-08-25 11:31 am (UTC)The Constitution says that Congress shall make no law.... The procedures and policies of the Judicial branch are not subject to Congress, and so there is no problem, there. That's the first loophole da Judge is working on.
Second, as Congress shall make no law, but gives to the States all other rights (10th Amendment), the States may have the right to make those laws as they see fit. And, Alabamastan's Constitution gives the display of religious materials permission.... That's the second loophole/angle.
Da Judge was sued in Federal court, but technically they have no jurisdiction over the Supreme Court of Alabama (which is not part of the Federal Appeals Court circuits) and thus may not be directed to follow any law except the Federal Laws, and that's where we get back to loophole number one....
It's an icky case, and not nearly as clear cut as people pretend. Should be interesting to play out.
FWIW: I oppose flinging religion in anyone's face outside your own home, to the point that my own uniform is muted so as not to offend. It's part of the rightness of God's lesson that I not send others to sin by my actions, you see....