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We the People Act(HR 3893 IH)March 4, 2004 To limit the jurisdiction of the Federal courts, and for other purposes. Mr. PAUL (for himself and Mr. BARTLETT of Maryland) introduced the bill in the 108th Congress and needs to be introduced in the 109th Congress.
Thursday, December 23
HR 3893 IH - 2d Session - H. R. 3893
To limit the jurisdiction of the Federal courts, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 4, 2004
Mr. PAUL (for himself and Mr. BARTLETT of Maryland) introduced the following bill; which was referred to the Committee on the Judiciary
To limit the jurisdiction of the Federal courts, and for other purposes.
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 `We the People Act'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article III, section 1 of the Constitution of the United States vests the judicial power of the United States in `one Supreme Court, and in such inferior Courts as Congress may from time to time ordain and establish'.
(2) Article I, section 8 and article 3, section 1 of the Constitution of the United States give Congress the power to establish and limit the jurisdiction of the lower Federal courts.
(3) Article III, section 2 of the Constitution of the United States gives Congress the power to make `such exceptions, and under such regulations' as Congress finds necessary to Supreme Court jurisdiction.
(4) Congress has the authority to make exceptions to Supreme Court jurisdiction in the form of general rules and based upon policy and constitutional reasons other than the outcomes of a particular line of cases. (See Federalist No. 81; United States v. Klein, 80 U.S. (13 Wall.) 128 (1872)).
(5) Congress has constitutional authority to set broad limits on the jurisdiction of both the Supreme Court and the lower Federal courts in order to correct abuses of judicial power and continuing violations of the Constitution of the United States by Federal courts.
(6) Article IV, section 4 of the Constitution of the United States guarantees each State a republican form of government.
(7) Supreme Court and lower Federal court decisions striking down local laws on subjects such as religious liberty, sexual orientation, family relations, education, and abortion have wrested from State and local governments issues reserved to the States and the People by the Tenth Amendment to the Constitution of the United States.
(8) The Supreme Court and lower Federal courts threaten the republican government of the individual States by replacing elected government with rule by unelected judges.
(9) Even supporters of liberalized abortion laws have admitted that the Supreme Court's decisions overturning the abortion laws of all 50 States are constitutionally flawed (e.g. Ely, `The Wages of Crying Wolf: A Comment on Roe v. Wade' 82 Yale L.J. 920 (1973)).
(10) Several members of the Supreme Court have admitted that the Court's Establishment Clause jurisdiction is indefensible (e.g. Zelamn v. Simmons-Harris, 536 U.S. 639, 688 (2002) (Souter, J., dissenting); Rosenberger v. Rector and Visitors of the Univ. of Va., 515 U.S. 819, 861 (1995) (Thomas, J. concurring); Lamb's Chapel v. Center Moriches Union Free Sch. Dist., 508 U.S. 384, 399, (1993) (Scalia, J. concurring); and Committee for Public Ed. And Religious Liberty v. Regan, 444 U.S. 646, 671 (1980) (Stevens, J., dissenting).
(11) Congress has the responsibility to protect the republican governments of the States and has the power to limit the jurisdiction of the Supreme Court and the lower Federal courts over matters that are reserved to the States and to the People by the Tenth Amendment to the Constitution of the United States.
SEC. 3. LIMITATION ON JURISDICTION.
The Supreme Court of the United States and each Federal court--
(1) shall not adjudicate--
(A) any claim involving the laws, regulations, or policies of any State or unit of local government relating to the free exercise or establishment of religion;
(B) any claim based upon the right of privacy, including any such claim related to any issue of sexual practices, orientation, or reproduction; or
(C) any claim based upon equal protection of the laws to the extent such claim is based upon the right to marry without regard to sex or sexual orientation; and
(2) shall not rely on any judicial decision involving any issue referred to in paragraph (1).
SEC. 4. REGULATION OF APPELLATE JURISDICTION.
The Supreme Court of the United States and all other Federal courts--
(1) are not prevented from determining the constitutionality of any Federal statute or administrative rule or procedure in considering any case arising under the Constitution of the United States; and
(2) shall not issue any order, final judgment, or other ruling that appropriates or expends money, imposes taxes, or otherwise interferes with the legislative functions or administrative discretion of the several States and their subdivisions.
SEC. 5. JURISDICTIONAL CHALLENGES.
Any party or intervener in any matter before any Federal court, including the Supreme Court, may challenge the jurisdiction of the court under section 3 or 4 during any proceeding or appeal relating to that matter.
SEC. 6. MATERIAL BREACHES OF GOOD BEHAVIOR AND REMEDY.
A violation by a justice or a judge of any of the provisions of section 3 or 4 shall be an impeachable offense, and a material breach of good behavior subject to removal by the President of the United States according to rules and procedures established by the Congress.
SEC. 7. CASES DECIDED UNDER ISSUES REMOVED FROM FEDERAL JURISDICTION NO LONGER BINDING PRECEDENT.
Any decision of a Federal court, to the extent that the decision relates to an issue removed from Federal jurisdiction under section 3, is not binding precedent on any State court.
Sunday, December 19
Article. III. Section 1.The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Section 2. Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (See Note)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have ORIGINAL Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have APPELLATE Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Note - between a State and Citizens of another State; (Amendment XI prevents individuals from suing another state in any federal court)
Notes on Article 3, Section 2, Clause 1 & 2
Clause 1 enumerates jurisdictions, and clause 2 classifies jurisdictions enumerated in clause 1 into original or appellate jurisdiction. The first in the list of enumerated jurisdictions in clause 1 is the first half of the first sentence in clause 2. Identifying the remainder of original jurisdiction cases only requires determining which cases have one or more States as a Party. 'Between a State and citizen of that State' isn't explicitly stated anywhere in the Constitution. Martin v. Hunter's Lessee, 1 Wheat. 304 (1816), assumed that the USSC could review a state court decision, and that assumption could only be implied under appellate jurisdiction. The Constitution only explicitly gives the Supreme Court appellate jurisdiction over cases originating in the lower federal courts. A Constitutional amendment stating;"between a State and a Citizen of that State," would empower the USSC to review a state court decision under original jurisdiction.
If the belabored explanation above fails to convince, perhaps the following appeal to authority will. Either way, the difference is critical to understand Article 3.
The words in the constitution, 'in all cases ... in which a state shall be party, the supreme court shall have original jurisdiction,' necessarily refer to all cases mentioned in the preceding clause in which a state may be made of right a party defendant, or in which a state may of right be [143 U.S. 621, 644] a party plaintiff. It is admitted that these words do not refer to suits brought against a state by its own citizens or by citizens of other srtates, or by citizens or subjects of foreign states, even where such suits arise under the constitution, laws, and treaties of the United States, because the judicial power of the United States does not extend to suits of individuals against states. United States v. Texas, 143 U.S. 621