Roy Moore, the judge that followed the Constitution

I too am troubled by hearing that 32-year-old man attempted to seduce a 14-year-old-girl 38 years ago and that this man became a U.S. senator, as concerned as I am with allegations of “me too” from women alleging something similar. Thus far documentation on these reports is not conclusive. And I question the timing – just before an election – which potentially disrupts the balance of power in the Senate.

Moreover, this issue with former Chief Justice Roy Moore of the Alabama Supreme Court seems like the same movie that I watched on others the left wanted to destroy, notably Associate U.S. Supreme Court Judge Clarence Thomas and President Donald Trump, while former Presidents John F. Kennedy and Bill Clinton, whom the left solidly supported, both had sexual relations with an intern in the White House. So I will avoid rushing to judgment on Moore until conclusive evidence is available.

Unfortunately, no one is writing about Moore as the judge that used the Constitution to defend the Ten Commandments and the Defense of Marriage Act, issues which made him indisputably the most hated judge in America by the left. That hatred began when Moore, a newly elected circuit judge, placed a wooden plaque of the Ten Commandments on the wall of his courtroom. This act and his practice of having pre-session prayer in his courtroom, asking for divine guidance for jurors in their deliberations resulted in anti-Christian hatred toward him.

His designing and placing a monument of the Ten Commandments in front of the Alabama Supreme Court building amplified such difficulties. The American Civil Liberties Union successfully sued to have it removed. Moore refused on the basis that the Ten Commandments are the “moral foundation” of U.S. law, stating that in order to restore this foundation, “we must first recognize the source from which all morality springs … the sovereignty of God.” For this statement, he was removed from his judgeship.

His defense of the Defense of Marriage Act was the second unpardonable sin for the left. In state after state, the Defense of Marriage Act, which defines marriage as between a man and a woman, was passed. Likewise, in state after state, after passage, nonelected federal appellate judges ruled same-sex marriage to be constitutional, reversing the will of the majority. Moore gave the constitutional argument in favor of the Defense of Marriage Act when he wrote that the U.S. Constitution gives no jurisdiction whatsoever to any branch of the federal government to dictate marriage policy to the states and advised Alabama Gov. Robert Bentley to disallow county clerks from issuing same-sex marriage licenses.

In a hand-delivered letter to Gov. Robert Bentley, Jan. 27, 2015, Moore argued that “nothing in the United States Constitution grants the federal government the authority to redefine the institution of marriage” and that it decidedly trumps Alabama state law, more specifically the Sanctity of Marriage Amendment passed in 2006 by 81 percent of voters. Moreover, “44 federal justices have imposed by judicial fiat same-sex marriages in 21 states of the Union, overturning the express will of the people in those states.” This movement he called judicial tyranny, which he defined as “unlawful opinions issued without constitutional authority.” He referred to the misuse of more recent interpretations of equal protection, due process, and full faith and credit concepts, as “spacious pretexts” not part of the original document.

When the Founding Fathers created the Constitution, they recognized two coexisting governments known as Federalism: one, the federal government, to function primarily externally and the other, the states, to manage internal functions. Like a normal marriage, they functioned together, neither being master nor slave of the other. Of the two, only the federal government was restricted in its functions by a list of 17 specific powers found in Article I, Section 8. The Founders knew that all central governments like to grow. The states were left unrestricted, and all power not identified was intentionally left to them and lesser governments.

To make doubly certain that this limitation on the federal government was permanent, the states insisted on a Bill of Rights as a condition of their acceptance of the Constitution. Amendment 10 reads, “The powers not delegated to the United States by the Constitution…are reserved to the states respectively, or to the people.”

Unfortunately for advocates of federalizing “loving relationships,” the word “marriage,” or anything like it, is not mentioned in Section 8, nor has it been added to the Constitution by way of amendment through Article V, which is the process for change, and thus this issue is devoid of federal constitutional authority. If the country is to follow the Constitution as intended, and not make a mockery of it, marriage-related questions are state functions alone and cannot be moved to a federal jurisdiction without a three-fourths affirmative vote of the states as per Article V of the U.S. Constitution. Alabama has every constitutional right not to issue marriage certificates to same-sex couples.

Moore knows and honors the Constitution as understood by its Founders, which has resulted in his having many enemies. Is that hatred enough to fabricate child sexual assault stories, which have never before been mentioned? Quite possibly. Many still believe that a man is innocent until proven guilty. So until then, the community should support Moore. The left has a long history of giving a pass to political figures regarding the personal conduct of its favorites, but they will bring quick attention to anyone else alleged doing something similar, more especially if it changes the Senate to its favor and disrupts their opponent’s agenda.

Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and to applying that knowledge to current events. He has taught history and political science from this perspective for over 30 years at Taft College. To read more of his weekly articles, visit

One Response to "Roy Moore, the judge that followed the Constitution"

  1. Brian Westley   December 10, 2017 at 8:40 pm

    “For this statement, he was removed from his judgeship.”

    No, he was removed for violating the Alabama Canons of Judicial Ethics. You are a terrible lawyer and a terrible liar.


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