Alabama Supreme Court Chief Justice Roy Moore called out Harvard graduate law professor and president, Barack Obama, and the Supreme Court, suggesting that those who believe a federal court can trump a state constitution have a “fundamental misunderstanding” as to who can make law in our nation.
“Well, I’d like to tell President Obama that he is entirely correct. Federal law does trump state law, but what this Harvard professor, who is president of our United States, does not understand,” quipped Chief Justice Moore, “is that a trial court’s decision about the constitutionality of a federal question, is just that. It’s an opinion.”
“It may be law of the case, before her,” said Chief Justice Moore. “It is not overturning the Alabama Constitution.”
“It is not made by judges,” Chief Justice Moore continued. “That is something very basic – something that speaker Boehner has just referred to, about the constitutional violations of this president and the Supreme Court. We are seeing this.”
“Those interpretations are not law,” stated Chief Justice Moore. “If they were, then the legislature would have no role. Legislators are to make law. Congress is to make law. The United States Supreme Court Constitution is law. So is the Alabama Constitution.”
“We have a fundamental misunderstanding in our country that federal courts, by their mere utterance, make law,” said Chief Justice Moore. “They do not make law sir. They make law of the case applicable to the parties before them.”