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Sunday, March 14, 2004


Huh?

While I was busy reformatting my template and doing hospital rounds and reading about Bioethics, this slipped by me.  Legislation has been introduced to allow the government to do anything it wants in the name of religion.  It applies to all government officials, and covers their behavior whether or not they are acting in an official capacity.  Excuse me if you all have seen this already, but it is so shocking I had to write about it.

Image of the Official House of Representative Seal News from
Congressman Robert Aderholt

Fourth District, Alabama
FEBRUARY 17, 2004
 
 
Congressman Aderholt Introduces Constitution Restoration Act in House

Legislation Will Restore The Fundamental Precepts Upon Which The Constitution And Government Are Based
 

WASHINGTON, DC - Congressman Robert Aderholt (R-Haleyville) announced today in Alabama that he has introduced "The Constitution Restoration Act" (H.R. 3799), a bill requiring the federal courts to operate within the jurisdiction given to them by the United States Constitution as it pertains to the public acknowledgment of God as the sovereign source of law, liberty, and government.

"Federal courts prohibiting the acknowledgment of God is a denial of the very source of life, liberty, and pursuit of happiness which our founding fathers specifically recognized in the Declaration of Independence," said Congressman Aderholt.  "Our founding fathers acknowledged this as an unalienable right given by God.  Prohibiting public officials from recognizing God violates the Constitution's Tenth and First Amendments."

"Today, you'll find the recognition of God by state and federal authorities in oaths, mottos, documents, prayers, and monuments;  and it is the duty of the Congress, under Article III, to regulate the appellate jurisdiction of the U.S. Supreme Court and other federal courts.  This is a check on the Judicial Branch to prevent it from exceeding its jurisdiction.  The Constitution Restoration Act would preserve and restore the acknowledgment of God to our law and government," added Congressman Aderholt.

"Therefore, whether it is a public display of the Ten Commandments, the Pledge of Allegiance in the classroom, or a nativity scene at Christmas, all would be protected since it is in essence the acknowledgment of God.

H.R. 3799 has been referred to the Committee on the Judiciary.  Senator Richard Shelby (R- Ala.) Has introduced identical legislation in the United States Senate.

 

-End-


The Moscow Times has some interesting commentary on this.  (link via Blog Amy)
Also see Moteworthy, Stephen Laniel, Political Devotions, Gullibility isn't in the dictionary, Phyllis Schlafly, Bound in a Nutshell, Rense.com, Daily Pundit, obscurantist, X-tra Rant, Strike the Root, Eschaton, and Balkinization
See the House version of the bill in this PDF  (from thomas.loc.gov)
See the Senate version in this PDF

the Senate version:

108th CONGRESS
2d Session

S. 2082

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

IN THE SENATE OF THE UNITED STATES

February 12, 2004

Mr. SHELBY (for himself, Mr. MILLER, Mr. BROWNBACK, Mr. GRAHAM of South Carolina, Mr. INHOFE, and Mr. ALLARD) 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 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 English constitutional and 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.
END

This bill, if passes, would say that any "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)" could do whatever to you, and as long as he/she was "acting by reason of that element's or officer's acknowledgment of God as the sovereign source of law, liberty, or government" The Supreme Court could not do anything about it.