David Randolph Smith

Constitution Restoration Act of 2005: Fraud & Fundamentalism

  • 4/6/05: The law of fraud and consumer protection acts should apply to the naming of Congressional bills. There is no better or outrageous example than the "Constitution Restoration Act of 2005." The brain-child of former (ousted) Alabama Supreme judge Roy Moore, the Elmer Gantry of the Christian right, this bill (introduced on March 3, 2005 by Senator Richard C. Shelby (R. AL) removes from the jurisdiction of the Supreme Court or any other federal court any legal challenge to actions by local, state or federal governments concerning “acknowledgement of God as the sovereign source of law, liberty, or government" and seeks to elevate the Bible above the Constitution.
  • The bill removes from the jurisdiction of the Supreme Court or any other federal court any legal challenge to actions by local, state or federal governments concerning “acknowledgement of God as the sovereign source of law, liberty, or government.” It prohibts lawsuits in federal court against prayer in the public schools or at legislative sessions and other public functions, as well as lawsuits against the Pledge of Allegiance (" . . one nation “under God”), the display of the Ten Commandments, and similar government affirmations of religion. The bill also bars the federal courts from taking cognizance of any decision of a judicial body, state or institution outside the borders of the United States, except for English common law in the period before the American Revolution. I have called such legislation the work of new Nativists and Know-Nothings.This provision stems from the Supreme Court's decision in Roper v. Simmons, (U.S. March 1, 2005) decision on the juvenile death penalty, which cited in part the international consensus against executing juveniles. Finally, the bill declares that any judicial ruling or decision that contradicts the bill constitutes grounds for impeachment and removal from office. In effect, the bill makes it a crime for a judge to enforce the constitutional separation of church and state, and provides for the ouster of any judge who adheres to the traditional interpretation of the Bill of Rights.