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INFORMATION:

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Seditionists Excommunicate Judge Roy Moore

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NEWS: The IRS Is Getting Serious About Enforcement Policies
December 12, 2003

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December 11, 2003

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INFORMATION:
- Seditionists Excommunicate Judge Roy Moore

an editorial by
Jim Kerr, SAPF Staff Paralegal - Copyright at Common Law by Save-A-Patriot Fellowship

      Tax Freedom 101 Preface: The following editorial was mailed to all Save-A-Patriot Fellowship members via the monthly newsletter the Liberty Tree. We have reprinted this editorial for the Internet in order for non member edification and education. Please be sure to share this information with your public servants. Judicial tyranny expressed through sophistry was one of the gravest concerns of the Framers of the United States Constitution. Further, be sure to read the footnotes to the editorial.
Liberty Tree
Seditionists Excommunicate Judge Roy Moore

Vol. 5 Number 12 - November, 2003

By now, most SAPF members have probably heard about the removal of the Ten Commandments display which Judge Roy S. Moore, Chief Justice of the Alabama Supreme Court, had placed in the rotunda of the Alabama Judicial building. Judge Moore has also been removed from his office for refusing to obey the illegal decree of federal district judge Myron Thompson. Moore stands on the front lines of a spiritual battle between the "laws" of Secular Humanists in positions of power - laws made by judicial fiat and other unconstitutional means -- and the libertarian system based on God's laws, conferring inalienable rights secured by a Constitution that allows for limited government. Liberty cannot exist in a society that denies the Creator and His Law. That is why Judge Moore's stand is so important.

In delivering its decision, the Alabama Court of the Judiciary stated:

      "The case currently before the court was commenced by the filing of a complaint by the Judicial Inquiry Commission alleging that Roy S. Moore, as Chief Justice of the Supreme Court of Alabama, willfully failed to comply with an injunction issued to him by the United States District Court for the Middle District of Alabama, thereby violating canons 1, 2, 2a and 2b of the Canons of Judicial Ethics. Specifically, the complaint alleges that Chief Justice Moore failed to uphold the integrity and independence of the judiciary, and failed to observe high standards of conduct, so that the integrity and independence of the judiciary might be preserved …."
Judge Moore was accused of violating canons 1 and 2 of the Canons of Judicial Ethics.
      Canon 1 states, "A judge should uphold the integrity and independence of the judiciary."

      Canon 2 states in relevant part, "A judge should avoid impropriety and the appearance of impropriety in all his activities. A judge should respect and comply with the law and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

The court continued, stating:
      "Chief Justice Moore failed to avoid impropriety, and the appearance of impropriety, in all his activities as required by canon 2, that Chief Justice Moore failed to respect and comply with the law, and to conduct himself, at all times, in a manner that promotes public confidence in the integrity and impartiality of the judiciary, as required by canon 2. And that he failed to avoid conduct prejudicial to the administration of justice which brings the judicial office into disrepute. These are the issues which are properly before this Court."

      "This court has neither the authority nor the jurisdiction to decide the correctness of the decisions of the United States District Court or the United States Court of Appeals for the 11th Circuit. All of the members of this court, after serious consideration of the evidence and testimony presented at this trial, find by clear and convincing evidence, that Roy S. Moore, while in his role as the chief justice of the Supreme Court of Alabama, did willfully and publicly defy a federal court order directed to him. In the American system of justice, the courts are open to all of the citizens of this country. A dissatisfied litigant has the opportunity to appeal an unfavorable ruling. When that person's legal remedies have been exhausted, then the rule of law dictates that that person follow the order of the court."

      "In this case, the chief justice exhausted all of his legal remedies and was unsuccessful in his attempts to stay the injunction issued by the federal district court. In defying that court's order, the chief justice placed himself above the law. To quote the Supreme Court of the United States, 'No man in this country is so high that he is above the law. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.' This court finds by unanimous decision, and by clear and convincing evidence, that Roy S. Moore in willfully and publicly defying the valid court order from the federal court, violated canons 1, 2, 2a and 2b of the Canons of Judicial Ethics …."

If this weren't enough, the court went on to state:
      "During the trial …, Chief Justice [Moore] maintained his defiance, testifying that he stood by an earlier statement given by him to the Judicial Inquiry Commission in which he stated in part, 'I did what I did because I upheld my oath, and that's what I did; so I have no apologies for it, I would do it again.' The Chief Justice showed no signs of contrition for his actions. Because of the magnitude of the decision with regard to sanctions for the Chief Justice's violations of the Canons of Judicial Ethics, [it] was a difficult one for this court to make. Finding no other viable alternatives, this court hereby orders that Roy S. Moore be removed from his position as chief justice of the Supreme Court of Alabama. This court is now adjourned." [All emphases added] 1
Did you catch that? The judges were offended that Judge Moore wasn't contrite! 2 By not displaying remorse for his failure to remove the Ten Commandments, he apparently compounded his "crime." In other words, he "sinned" by putting his oath of office and the Law of God (upon which our Republic was founded) above the law of the Secular Humanists, that is, by refusing to comply with a seditious judicial decree from a federal court which never had jurisdiction over the matter in the first instance. This runs afoul of the 1st Amendment to the United States Constitution, not to mention the States' Rights of Alabama (see also Alabama Constitutional Amendment 662). Judge Moore not only holds the moral high ground in this case, but is legally correct in not abiding by the federal judicial decree. Judge Thompson's decree was void ab initio and should have been ignored. Therefore, Moore's actions were not "disreputable" or lacking of "integrity;" in fact, what he did "promotes public confidence," contrary to what that seditious court said.

Many people have been outraged by this decree; however, the effort to install Secular Humanism as our national (or, perhaps more precisely, global) religion began years ago. 3

The First Amendment states, in relevant part,

      "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof….
It is well-known that the Bill of Rights, of which the First Amendment is a part, was meant to apply only to the federal government, and that this provision of the First Amendment was intended to apply only to Congress. Yet the Supreme Court, in Everson v. Board of Education, 330 U.S. 1, 18 (1947) stated,
      "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach."
And to make that "slightest breach" go beyond the 1st Amendment prohibitions upon Congress, the Supreme Court declared that the 14th Amendment (which dealt with specific state powers) now applied to states and even individuals. In Walls v. Tax Commission, 397 U.S. 664, 701,703, (1970) Justice Douglas (dissenting) noted:
      "In affirming this judgment the Court largely overlooks the revolution initiated by the adoption of the Fourteenth Amendment. That revolution involved the imposition of new and far-reaching constitutional restraints on the States. Nationalization of many civil liberties has been the consequence of the Fourteenth Amendment, reversing the historic position that the foundations of those liberties rested largely in state law.

      "The process of the 'selective incorporation' of various provisions of the Bill of Rights into the Fourteenth Amendment, although often provoking lively disagreement [397 U.S. 702] at large as well as among the members of this Court, has been a steady one. … The Establishment Clause was not incorporated in the Fourteenth Amendment until Everson v. Board of Education, 330 U.S. 1, 67 S.Ct. 504, 91 L.Ed. 711, was decided in 1947.

      "Those developments in the last 30 years have had unsettling effects. It was, for example, not until 1962 that state-sponsored, sectarian prayers were held to violate the Establishment Clause. Angel v. Vital, 370 U.S. 421, 82 S.Ct. 1261, 8 L.Ed.2d 601. …
      And so the revolution occasioned by the Fourteenth Amendment has progressed as Article after Article in the Bill of Rights has been incorporated in it and made applicable to the States." [Emphasis mine.]

We now see this cancer spreading. Interestingly, the real irony of the Everson case, and now Judge Moore's case, is that the Supreme Court didn't erect a "wall of separation" at all. They are merely attempting to "make a law respecting an establishment of religion" -- Secular Humanism -- via seditious judicial legislation, and Secular Humanism, a religion which cannot embrace liberty, is the religion preferred by socialists of every stripe.

Is it any wonder that the Alabama Court of the Judiciary also said:
"No judge on this court may comment on this case?" Just like cockroaches, they run and hide from the light.

Edmond Burke once stated,
      "The true danger is when liberty is nibbled away, for expedients, and by parts ... the only thing necessary for evil to triumph is for good men to do nothing."
We shall do all we can to support Judge Moore and other government officials who have the courage to resist seditious tyranny. As for me, I shall give Judge Roy Moore my support.
      FOOTNOTES
      1. All quotes are from an audio recording.
      2. Contrite.
      1. completely penitent 2. feeling remorse or penitence' affected by guilt. Reader's Digest Oxford Complete Word Finder
      3.
      Do not be deceived that there really is a wall of separation between church and state, however. Secular Humanism is no less a religion than Buddhism, Christianity, Taoism, Judaism, or any other religion. Even Justice Hugo Black noted this fact in Roy R. TORCASO v. Clayton K. WATKINS, Clerk of the Circuit Court for Montgomery County, Maryland, 367 U.S. 488, 81 S. Ct. 1680, 6 L.Ed.2d 982, wherein he stated: "Among religions in this country which do not teach what would generally be considered a belief in the existence of God is Buddhism, Taoism, Ethical Culture, Secular Humanism, and others."
Wishing you a seditionist-free day,
The Tax Freedom 101 Staff


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