Monday, November 22, 2004

Constitution Restoration Act of 2004

I think we can all agree this is a good idea:


Constitution Restoration Act of 2004 (Introduced in House)

HR 3799 IH

108th CONGRESS

2d Session

H. R. 3799

To limit the jurisdiction of Federal courts in certain cases and promote federalism.

IN THE HOUSE OF REPRESENTATIVES

February 11, 2004

Mr. ADERHOLT (for himself and Mr. PENCE) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To limit the jurisdiction of Federal courts in certain cases and promote federalism.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Constitution Restoration Act of 2004'.

TITLE I--JURISDICTION

SEC. 101. APPELLATE JURISDICTION.

    (a) IN GENERAL-

      (1) AMENDMENT TO TITLE 28- Chapter 81 of title 28, United States Code, is amended by adding at the end the following:

`Sec. 1260. Matters not reviewable

    `Notwithstanding any other provision of this chapter, the Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any matter to the extent that relief is sought against an element of Federal, State, or local government, or against an officer of Federal, State, or local government (whether or not acting in official personal capacity), by reason of that element's or officer's acknowledgement of God as the sovereign source of law, liberty, or government.'.

      (2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 81 of title 28, United States Code, is amended by adding at the end the following:

      `1260. Matters not reviewable.'.

    (b) APPLICABILITY- Section 1260 of title 28, United States Code, as added by subsection (a), shall not apply to an action pending on the date of enactment of this Act, except to the extent that a party or claim is sought to be included in that action after the date of enactment of this Act.

SEC. 102. LIMITATIONS ON JURISDICTION.

    (a) IN GENERAL-

      (1) AMENDMENT TO TITLE 28- Chapter 85 of title 28, United States Code, is amended by adding at the end of the following:

`Sec. 1370. Matters that the Supreme Court lacks jurisdiction to review

    `Notwithstanding any other provision of law, the district court shall not have jurisdiction of a matter if the Supreme Court does not have jurisdiction to review that matter by reason of section 1260 of this title.'.

    (2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following:

      `1370. Matters that the Supreme Court lacks jurisdiction to review.'.

    (b) APPLICABILITY- Section 1370 of title 28, United States Code, as added by subsection (a), shall not apply to an action pending on the date of enactment of this Act, except to the extent that a party or claim is sought to be included in that action after the date of enactment of this Act.

TITLE II--INTERPRETATION

SEC. 201. INTERPRETATION OF THE CONSTITUTION.

    In interpreting and applying the Constitution of the United States, a court of the United States may not rely upon any constitution, law, administrative rule, Executive order, directive, policy, judicial decision, or any other action of any foreign state or international organization or agency, other than the constitutional law and English common law.

TITLE III--ENFORCEMENT

SEC. 301. EXTRAJURISDICTIONAL CASES NOT BINDING ON STATES.

    Any decision of a Federal court which has been made prior to or after the effective date of this Act, to the extent that the decision relates to an issue removed from Federal jurisdiction under section 1260 or 1370 of title 28, United States Code, as added by this Act, is not binding precedent on any State court.

SEC. 302. IMPEACHMENT, CONVICTION, AND REMOVAL OF JUDGES FOR CERTAIN EXTRAJURISDICTIONAL ACTIVITIES.

    To the extent that a justice of the Supreme Court of the United States or any judge of any Federal court engages in any activity that exceeds the jurisdiction of the court of that justice or judge, as the case may be, by reason of section 1260 or 1370 of title 28, United States Code, as added by this Act, engaging in that activity shall be deemed to constitute the commission of--

      (1) an offense for which the judge may be removed upon impeachment and conviction; and

      (2) a breach of the standard of good behavior required by article III, section 1 of the Constitution.

2 Comments:

At 9:36 AM, Anonymous Anonymous said...

I enjoy my rights to own a gun (I'm glad that this administration didn't cave and run to the aid of anti-gun groups when the assault weapons ban expired). I don't approve of abortion as a form of birth control. I think the ACLU wastes a lot of money fighting religious monuments that are not hurting or violating any civil liberties. But how can someone approve of the removal of people from the CIA because of their political affiliation??? You charge liberals with being communists because they oppose your conservative religious views. But you rejoice in the purging of the CIA???? Sound like Stalinistic tactics to me. How much more anti-American can you get! I don't know how someone can look at this administration and applaud it for it's work. Our country is based on the Constitution and this administration wants to rebuild the most basic framework of our democracy? Then it will fight a war to bring freedom and democracy to Iraq. Afghanistan is a country that needs to be dealt with the harbor terrorists and a regime that supports terrorism. But don't call the war in Iraq part of the war on terror because we now have terrorist pouring in to fight our troops. Their big chance to take a shot at an American. This administration has failed the people that elected it. Just because you heard it on Rush Limbaugh or the Savage Nation doesn't make it true. Hardcore religious conservative America you have been duped and calling the anti-Bush feelings anti-American and praising the "purging of liberals" drowning out the voice of nearly half the people that my friends is ANTI-AMERICAN. In the great state of Minnesota we here argue who will pay the bill after we go out to eat. This administration spends money that isn't there and people still support it. Last week president Bush approved the raising of the National Debt Ceiling to 8.2 trillion dollars nearly 1 trillion higher than the previous ceiling. This the day after the federal reserve chairman, Alan Greenspan said there will be tough times ahead if the government doesn't change the way it spends! I don't know about you but it seems that there hasn't been much discussion as to who will be picking up the tab we'll just leave it for future generations. I don't know what version of the Bible you read but in my King James version I haven't found the verse reading "Thou shalt spend beyond your means and leave your debt for your children for that is what Christ hast done". Your good Christian president is no republican he is remorseless, greedy, selfish, liar. Hardcore conservative America open your eyes and come in for the big W as in win and quit calling those with opposing views anti-American and anti-Christian and leave the judgment for God. Clayton Paulseth claytor28@hotmail.com

 
At 12:50 PM, Anonymous Anonymous said...

Actually, no, we all can't....

 

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