News Intelligence Analysis

 

 

 

 

 

Editor's Note: This page contains both the Senate and the House versions of the bills. The language in these bills: both the Senate version and the House version are almost identical with the 2004 versions, with the exception of one word--which has been changed. The word "element" in the 2004 version has been changed to the word "entity." Be sure to read the implications of this bill.

 

 

Constitution Restoration Act of 2005 (Introduced in House)

HR 1070 IH

 

109th CONGRESS

1st Session

H. R. 1070
To limit the jurisdiction of Federal courts in certain cases and promote federalism.

 

IN THE HOUSE OF REPRESENTATIVES

March 3, 2005
Mr. ADERHOLT (for himself, Mr. MCCOTTER, Mr. PENCE, Mrs. JO ANN DAVIS of Virginia, Mr. BACHUS, Mr. RYUN of Kansas, Ms. FOXX, Mr. BARRETT of South Carolina, Mr. WAMP, Mr. WILSON of South Carolina, Mr. ROGERS of Alabama, Mr. PITTS, Mr. EVERETT, Mr. CANNON, Mr. SOUDER, Mr. CANTOR, Mr. PRICE of Georgia, Mr. MCINTYRE, Mr. WELDON of Florida, Mr. JONES of North Carolina, Mr. BISHOP of Utah, Mr. HERGER, Mr. GOODE, Mr. HALL, and Mr. LEWIS of Kentucky) 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 2005'.

TITLE I--JURISDICTION

SEC. 101. APPELLATE JURISDICTION.

(a) 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 entity of Federal, State, or local government, or against an officer or agent of Federal, State, or local government (whether or not acting in official or personal capacity), concerning that entity's, officer's, or agent's acknowledgment of God as the sovereign source of law, liberty, or government.'.

(b) 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.'.

SEC. 102. LIMITATIONS ON JURISDICTION.

(a) 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 courts 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.'.

(b) 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.'.

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 English constitutional and common law up to the time of the adoption of the Constitution of the United States.

TITLE III--ENFORCEMENT

SEC. 301. EXTRAJURISDICTIONAL CASES NOT BINDING ON STATES.

Any decision of a Federal court which has been made prior to, on, 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.

 

 

 

 

 


 

109th CONGRESS
1st Session

 

 

S. 520

 

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

 

IN THE SENATE OF THE UNITED STATES

March 3, 2005
Mr. SHELBY (for himself, Mr. BROWNBACK, and Mr. BURR) introduced the following bill; which was read twice and 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 2005'.

TITLE I--JURISDICTION

SEC. 101. APPELLATE JURISDICTION.

(a) 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 entity of Federal, State, or local government, or against an officer or agent of Federal, State, or local government (whether or not acting in official or personal capacity), concerning that entity's, officer's, or agent's acknowledgment of God as the sovereign source of law, liberty, or government.'.

(b) 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.'.

SEC. 102. LIMITATIONS ON JURISDICTION.

(a) 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 courts 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.'.

(b) 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.'.

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 English constitutional and common law up to the time of the adoption of the Constitution of the United States.

TITLE III--ENFORCEMENT

SEC. 301. EXTRAJURISDICTIONAL CASES NOT BINDING ON STATES.

Any decision of a Federal court which has been made prior to, on, 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.
END

 

 

 


 

Send a letter 
to the editor 
about this article
 

Constitution Restoration
Act of 2004
HR 3799 IH

 

Law and Legal Issues

 

Battle for the Judiciary Directory

 

 

Sandra Day O'Connor Criticises
Republicans Who Criticize the
Judiciary
March 10, 2006

Katherine Yurica

Speaking at Georgetown University, former
Supreme Court Justice Sandra Day O'Connor
warned against the danger of a potential American
dictatorship that begins with intimidation of the
judiciary. Citing specific examples, without
naming either Tom Delay or Sen. John Cornyn,
both Repuplican critics of the courts and both
from Texas, she stated their attacks pose "a
direct threat to our constituional freedom."
Freedom is not possible without an independent
judiciary to protect individual rights she said.
O'Connor warned against "nakedly partisan
reasoning."

 

 

Back to The Yurica Report Home Page

Copyright © 2005 Yurica Report. All rights reserved.