Article III, Section 2 and the Wobbly Wall Between Church and State - Maureen Farrell at BuzzFlash.com
...Not surprisingly, ever since the Washington Post dubbed George Bush the first U.S. president to become the Religious Right’s "de facto leader," the campaign to topple the wall separating church and state has gained more momentum than the Road Runner on diet pills. In February, lawmakers introduced the Constitutional Restoration Act of 2004 which also says that the Supreme Court has no jurisdiction over "any matter" regarding public officials who acknowledge "God as the sovereign source of law, liberty, or government."
Heralded as "the most important piece of legislation in the last fifty years" by conservative radio host Chuck Baldwin (who also cited Article III, Section 2) and reminiscent of Judge Antonin Scalia's Biblically-inspired contention that "government. . . derives its moral authority from God," the Constitution Restoration Act was looked upon less favorably by a host of others, including former Christianity Today correspondent Katherine Yurica.
Distinguishing between the stated purposes and hidden realities of the bill, Yurica explained that it is "drawn broadly and expressly includes the acknowledgment of God as the sovereign source of law. . .," which could, in the scariest of scenarios, turn America into a theocracy wherein judges could "institute biblical punishments without being subject to review by the Supreme Court or the federal court system."
Columnist James Heflin also underscored the hidden subtext:
The agenda of these Christians of the Far Right is brazen and clear. They have turned a zealous minority into a ruling class once, and they have learned from that success. This is not a wild-eyed conspiracy theory; their plans are preached in pulpits weekly, and have now taken shape as proposed legislation. Look no further than the recently introduced "Constitution Restoration Act." If we do not pay attention to their manipulation of American democratic processes now that they have gained remarkable power among Republicans, the principles of our democracy will eventually be as distant a memory as the kinder, gentler Southern Baptist Convention of my childhood. . . .
If the Act passes, Iraqis would have stronger protection from religious extremism than Americans. It's a change with dramatic consequences, and our political landscape under Bush is ever more receptive to such ideas. Roy Moore and his fundamentalist brothers and sisters have far more in mind. [Valley Advocate]
Drafted by Herb Titus (who, in addition to being the founding dean of Pat Robertson's Regent University Law School is legal counsel for Judge Roy Moore) the Act also, as one Internet publication revealed, drew its inspiration from this obscure provision in the Constitution. "Supporters of the bill cite Article III, Section 2 of the U.S. Constitution, which authorizes Congress to limit the jurisdiction of the U.S. Supreme Court and other federal courts," World Net Daily explained last spring.
Not only would the Act bar the Supreme Court from reviewing cases in which public servants acknowledge God as the source of law, but it would make judges who rule on cases such as Judge Moore’s Ten Commandment debacle vulnerable to impeachment. (Hence, the Star-Telegraph said it should be named the "Roy Moore Gets to Flout the Constitution Act.")
But more importantly, notes Heflin, "It is unclear exactly what actions a public servant could get away with under the banner of invoking God as the source of law." And while visions of Rev. Sun Myung Moon’s recent Messianic coronation in the U.S. Senate comes readily to mind, Heflin’s concern is more aptly echoed in Bookman’s argument that if the Marriage Protection Act is enacted, Congress (in theory anyway) could "pass a law making Christianity the national religion, and bar the courts from hearing a challenge." Yes, Virginia, the Religious Right has more than one theocratic trick up its sleeve....
...With that in mind, anyone who is even remotely concerned about the extreme measures the extreme right ("Vast, Right-Wing Cabal?," ABC News; "Avenging angel of the religious right," Salon; "Reverend Doomsday," Rolling Stone) has taken since the 2000 election should wonder why they were so eager to crown candidate Bush in the first place....
