Whether the federal court has jurisdiction is a triky issue to deal with. If you are a total constructionalist, then no they did not have jurisdiction. The first amendment, as written, deals only with the Congress passing a law. However, as any armchair lawyer knows, it is the decisions in cases that actually make law. For quite some time it has been the norm to bring the protections of the Bill of Rights to the state governments as well. Therefore, this is a federal issue. The question at bar was whether the monument violated the anti-establishment clause of the first amendment. In our society today, and with the legal history of our nation, this is clearly a federal issue.
Now, the question turns to whether or not the court made the proper decision. While I (as a strict, but not total, constructionalist) believe the court was dead wrong in their decision, there is a judicial history (which remember is law) that allows for the decision. Since the comment made to the Danbury Baptists about a wall of seperation has made it into our legal history it is easy to follow that this decision would be made.
More importantly, Judge Moore swore an oath to perform his duty as a judge. Part of this duty is to follow the law (as interpreted) at all times. He did not do this. From a legal view, his actions were on equal footing with a liberal judge that ignores history and written law to accomplish their political goals. Judge Moore attempted to make law from the bench. That is not acceptable.
A question for everyone that is supporting Judge Moore to be nominated to the Supreme Court. Had you ever heard of this man before the 10 Commandments issue became national news? I am quite sure that the answer is no-- at least for most posters on the board. So then, why would you be fully in support of a man that you know little about. Sure, we all want Godly men and women to be in positions of authority. However, other than this one instance most don't know where Moore stands. I would much rather President Bush select a jurist that has a proven track record in the federal courts. Roy Moore is a person I respect and admire. However, I do not believe that he belongs on the Court. He made his decision-- and stood by it. However, as a member of the judiciary, he is no longer a viable candidate. I support Emilio Garza to be nominated. Others are in favor of other solid conservative judges. In any event, selecting Moore would be almost pure warfare. I don't want to fight for the sake of fighting.