I've been wondering what the Repubs are going try next with regards to court stripping and religious language and then I remembered an old chesnut from last year that seems to be coming back from the dead.
Check out S. 520, "Constitution Restoration Act of 2005". It is one of the most truly aweful court stripping bills I have ever seen. It came around briefly in March '05 but disappeared since.
It would strip ALL the federal courts of the ability to hear anything involving the government's acknowledgment that God is the sovereign source of law. With all these religious court stripping bills coming up I figured I would check on Thomas and see what the status on the bill was. Because this is in my opinion the big daddy of them all
Here is the bill and who re-introduced it after the flip.....
Richard Shelby from R-AL brought it back up on 6/20 and was just re-introducing it in the Senate where it seems to have been hiding in committee since last year. It is re-introduced in the transcript on Thomas, CR6150, wedged in between conflict in Somalia and dry eye prevention day or something like that.
So it seems to be trying to come back and it would be awful if it gets past. Because it would have the effect of turning the US into a Christian Theocracy because no one could dispute it if the Administration decided to declare it was fact after this legislation passed. It does other nasty things too like provide for the removal of Judges that decide to try and rule on this topic anyhow.
Below is the Bill in full....
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.