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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 88
BY SENATOR CROWE
CONGRESS. Memorializes Congress to adopt the Constitution Restoration Act.
A CONCURRENT RESOLUTI ON1
To memorialize the Congress of the United States to adopt the Constitution Restoration Act,2
which will limit the jurisdiction of the federal courts and preserve the right to3
acknowledge God to the states and to the people and resolve the issue of improper4
judicial intervention in matters relating to the acknowledgment of God.5
WHEREAS, on Monday, June 27, 2005, the United States Supreme Court in two6
razor-thin majorities of 5-4 in Van Orden v. Perry (Texas) and ACLU v. McCreary County7
(Kentucky) concluded that it is consistent with the First Amendment to display the Ten8
Commandments in an outdoor public square in Texas but not on the courthouse walls of two9
counties in Kentucky; and10
WHEREAS, American citizens are concerned that the court has produced two11
opposite results involving the same Ten Commandments, leading to the conclusion that,12
based on the Kentucky decision, the Ten Commandments may be displayed in a county13
courthouse provided it is not backed by a belief in God; and14
WHEREAS, Supreme Justice Scalia emphasized the importance of the Ten15
Commandments when he stated in the Kentucky case, "The three most popular religions in16
the United States, Christianity, Judaism, and Islam, which combined account for 97.7% of17
all believers, are monotheistic. All of them, moreover, believe that the Ten Commandments18 SCR NO. 88
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were given by God to Moses and are divine prescriptions for a virtuous life"; and1
WHEREAS, Chief Justice Rehnquist in the Texas case referred to the duplicity of2
the United States Supreme Court in telling local governments in America that they may not3
display the Ten Commandments in public buildings in their communities while at the same4
time allowing these same Ten Commandments to be presented on these specific places on5
the building housing the United States Supreme Court stating, "Since 1935, Moses has stood6
holding two tablets that reveal portions of the Ten Commandments written in Hebrew,7
among other lawgivers in the south frieze. Representations of the Ten Commandments8
adorn the metal gates lining the north and south sides of the courtroom as well as the doors9
leading into the courtroom. Moses also sits on the exterior east facade of the building10
holding the Ten Commandments tablets"; and11
WHEREAS, a recent poll by the First Amendment Center revealed that seventy12
percent of Americans would have no objection to posting the Ten Commandments in13
government buildings and eighty-five percent would approve if the Ten Commandments14
were included as one document among many historical documents when displayed in public15
buildings; and16
WHEREAS, the First Amendment of the United States Constitution, which provides17
in part that "Congress shall make no law respecting an establishment of religion", is a18
specific and unequivocal instruction to only the United States Congress, and the United19
States Constitution makes no restriction on the ability of states to acknowledge God, the20
Supreme Ruler of the Universe; and21
WHEREAS, the United States District Court Southern District of Indiana on22
November 30, 2005, entered a final judgment and permanent injunction ordering the speaker23
of the Indiana House of Representatives not to permit sectarian prayers as part of the official24
proceedings of the House; and25
WHEREAS, the federal judiciary has violated one of the most sacred provisions of26
the United States Constitution providing for three branches of government and the separation27
of powers of those branches by overstepping its authority and dictating the activities of the28
inner workings of the legislative branch of government; and29
WHEREAS, the federal judiciary has overstepped its constitutional boundaries and30 SCR NO. 88
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ruled against the acknowledgment of God as the sovereign source of law, liberty, and1
government by local and state officers and other state institutions, including state schools;2
and3
WHEREAS, there is concern that recent decisions of the court will be used by4
litigants in an effort to remove God from the public square in America, including public5
buildings and public parks; and6
WHEREAS, there is concern that the federal judiciary will continue to attempt to7
micromanage the internal workings of the legislative as well as executive branches of8
government; and9
WHEREAS, Congress has previously filed, but has failed to adopt, the Constitution10
Restoration Act, which will limit the jurisdiction of the federal courts and preserve the right11
to acknowledge God to the states and to the people and resolve the issue of improper judicial12
intervention in matters relating to the acknowledgment of God.13
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby14
memorializes the Congress of the United States to adopt the Constitution Restoration Act15
and, in doing so, continue to protect the ability of the people of the United States to display16
the Ten Commandments in public places, to express their faith in public, to retain God in the17
Pledge of Allegiance, and to retain "In God We Trust" as our national motto, and to use18
Article III, Section 2.2 of the United States Constitution to except these areas from the19
jurisdiction of the United States Supreme Court.20
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted21
to the secretary of the United States Senate and the clerk of the United States House of22
Representatives and to each member of the Louisiana delegation to the United States23
Congress.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Crowe SCR No. 88
Memorializes Congress to adopt the Constitution Restoration Act.