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I received this comment from a legislator, read my reply below.

The Bayview Cross case:  On June 19, 2017 the U.S. District Court Judge Roger Vinson ruled that the large cross near the boat ramp at Bayview Park was unconstitutional.  I was deeply saddened by this ruling. The cross, which has been there since 1969, is a part of our community. While the separation of church and state is an important American principle, I have a hard time accepting that a single cross, located in a hard-to-find and remote area of a park, constitutes an “establishment of religion” by the government.  I hope that one day, common sense and an acknowledgment of American values will find their way back into the judicial system, and rulings like this will be a thing of the past.

......... my reply .........

The above is from your 6/23/2017 message.  I am glad you find the ruling objectionable.  But you are in a position to oppose this kind of judicial illogical sense.  The words "separation of church and state" do not exist in the Constitution.  There is nothing in the Constitution that demands a separation of government from religion.  There is However, a Constitutional requirement to oppose interference by government with citizens freedom of religion. 

The government does not establish a religion by allowing a Christian cross on public land.  The judge is wrong and congress should immediately inform the judge he is wrong.  A "sense of Congress" should be enough to redirect Judicial thinking.  Congress has already past at least 3 bills protecting Christians from outrageous declarations of the courts. 

I have been aware of an out of control, unconstitutional judiciary for decades, yet Congress has chosen to do nothing about it.

Let me remind you of the following from the Constitution:

Article II Section 2

But the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Article III Section 1:
The judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour,

Article III Section 2
with such Exceptions, and under such Regulations as the Congress shall make.

In other words Congress has the authority to educate and direct the Judiciary regarding law, especially in any case where the judiciary oversteps or misinterprets their Constitutional authority.

The three branches of government are not equal, Congress is the law giver, The President is required to execute those laws, and the court applies the law produced by Congress to adjudicate disputes.

Courts can not make nor change law, especially they can not change the Constitution by decree.  Some time in the past, I think it was the Marshall Court, assumed to usurp Congress as law giver and Congress abdicated their duties by allowing that action to stand.  It seems Congress has an aversion to the job we hired them to do. 

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 Other than the President the constitution requires that officials "shall be bound by Oath or Affirmation to support this constitution".  In compliance the Senate rule requires the following oath:   "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."

The Constitution states that a judicial nominee is to be confirmed by a majority of the Senate, that's 51 votes.  Given the above oath does a filibuster against a nominee (which requires 60 votes to break) violate that oath?  What about attempting to pass laws that infringe on other amendments such as the 2nd, 4th, and 10th?

The big question is:  Is there a Senator that gives a damn what the Constitution says?


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