It can have a secular purpose and have a relationship to God because God was presumed to be both over the state and the church, and separation of church and state was never meant to separate God from government.

The State carries the power of the sword that is the power to prohibit conduct with physical penalties such as confinement and even execution. The case ended up before state Circuit Judge Charles Price who in 1996 declared the prayers unconstitutional but initially allowed the Ten Commandments plaque to remain on the courtroom walls. In 2004 along with Herb Titus Moore was an original drafter of the Constitution Restoration Act which sought to remove federal courts' jurisdiction over a government official or entity's "acknowledgment of God as the sovereign source of law liberty or government" and provided for the impeachment of judges who failed to do so.

Moore placed fourth in the race held on June 1 2010 having received only 19 percent of the vote. On June 1 2009 he announced his campaign for the 2010 election for governor.