August 21, 2003

HANNITY: Thanks for tuning in. Glad you're with us.

We're going to go back to Montgomery, Alabama, for a few minutes, where the showdown over the Ten Commandments is going on. Chief Justice Moore on with us just a few minutes ago. And somebody who's been his right arm and a big supporter down there is our good friend, former U.N. Ambassador Alan Keyes is with us. How are you, Mr. Ambassador? Thanks for being with us.

KEYES: I'm fine, Sean. Always a pleasure to be with you.

HANNITY: Well, you have a huge contingency, as I understand it, down there to help you out, and a lot of people promising to protest, even around the clock, about this.

KEYES: They have been. There was a vigil held overnight last night, and I was impressed with the number of people. I was actually up until about 4 a.m. standing with people and talking. And I think today we've had a good turnout of people. I'm encouraging folks all over the country.

I think this is an issue where we have the opportunity, finally, to clarify the truth about the abuses of the federal courts, with respect to our right to acknowledge God as a people, through our state governments and institutions. And it's critical that people understand that we must defend this constitutional right.

HANNITY: You see what happened earlier today, when the colleagues of Justice Moore came out in support of removing the monument from the judicial area. What did you make of that?

KEYES: Well, I think that the eight associate justices--acting, obviously, in a political fashion--have violated both their oath, their responsibility, and obligation to the people of the state of Alabama. And they have validated an abuse by the federal court, in which the federal courts have now, not only in this case, but you and I both know, for decades, without any basis in the Constitution.

I keep asking people. They called Roy Moore a lawbreaker, and I say, "What law?" There can be no federal law on this subject, because the Constitution explicitly says Congress shall make no law respecting an establishment of religion. And that doesn't mean, by the way, just establishing it. It means that they can't address it at all. Not establishment, not disestablishment. They can't touch it in any way. There is no lawful basis for anybody in the federal government to address this question.

HANNITY: I'm concerned about where this is going to end up. When you have the senior associate justice and the other justices on the Alabama Supreme Court basically overruling Chief Justice Moore's position on this, and they want the Ten Commandments monument removed from the public side of the Alabama Judicial Building, and they said to take all steps necessary to comply, as soon as possible. With all the people that are now beginning to surround the Judicial Building, I mean, is this going to be a showdown the moment they try and bring this monument out of there?

KEYES: Well, I think there are a lot of folks who are keeping prayerful vigil, and who are willing, in fact, to maintain that prayerful vigil. About 400 or so folks have already signed a pledge saying that they are willing to be arrested rather than to allow this to take place. I think it's possible we're going to see a great show, a peaceful, prayerful, show of heart, on the part of people who understand that we should not mildly surrender our right to acknowledge God, in and through our state institutions--a right explicitly, clearly, guaranteed to the state governments to be free of federal interference. I don't think that we should surrender that right, and neither do many others. They will not sort of simply sit by and let it happen.

I think the point of it is to demonstrate that this is an issue people deeply care about. Our politicians need to understand this, because people in Congress have an obligation to act to limit the abuses of the federal courts as trampling upon the Constitution--they have asserted an absolute dominion to dictate to the people of the states what shall be their ways and limits for reverencing God.

This was exactly what the Founders explicitly, repeatedly, said they wanted to keep the federal government from being able to do in any way whatsoever. People say there's a long line of precedents with all these court decisions. It's not a long line of precedents, it's a long line of abuses--tending in one direction to establish a judicial despotism and destroy the liberty of the people in their state government to acknowledge and reverence God Almighty.

And for people who profess a concern about our moral heritage, a belief in the Declaration of Independence, and in the relevance and importance of acknowledging our Creator, from Whom we get our rights--if these people are sitting on their hands now, and not coming to Montgomery, then they must not understand the critical nature of this issue.

I think we're at a watershed point. The ACLU and others have chosen this because they know that if they can get away with it in the heart of Bible-belt fervor, no one will stand against them as they impose a uniform regime of atheism as the established approach to religion at all levels of our politics and government.

They are doing exactly what the Constitution forbids: forcing a uniform regime on the whole people of the United States. And that's what the First Amendment was intended to prevent.

HANNITY: Are you prepared to be arrested, yourself?

KEYES: I have said that repeatedly. When they have said they will arrest Judge Roy Moore, I will not let him stand alone.

HANNITY: Well, he did say that he's not going to be laying down, he's not going to be chaining himself to the monument. He did say he's not going to go that far, that he's going to try and work within the judicial system. And I understand there's another appeal that he's preparing, if he hasn't already filed to the Supreme Court--correct?

KEYES: That's right. He's going to continue the process of appeal. I think the proper steps here are to try to get a correct judgment from the Supreme Court, so that they'll have an opportunity, as it were, to police their own house, to call to account these abusive judges.

I disagree with people who suggest that that's the end of the line, though. Because once that happens, the president will also have a responsibility to make sure that he expresses his clear unwillingness to enforce unconstitutional orders that trample on the rights of our people.

HANNITY: Right.

KEYES: The Executive has an independent responsibility to make a judgment about the responsibility he has in conscience under his oath. And that is true of the governor of this state, and it will be true of the president of the United States.

HANNITY: All right, Ambassador Alan Keyes, thank you for being with us. Now, you will join us at the top of our show tonight on Hannity and Colmes, from Montgomery, Alabama. And we'll update this, as it's very fluid. And we'll look forward to having you on TV. It's been a while since we've had you. Thank you for being with us today.

KEYES: I look forward to being with you, Sean.

HANNITY: All right, my friend. Thank you.