Right-wing news service WorldNetDaily brings this charming story to our attention: (you can read it at worldnetdaily.com/news/article.asp?ARTICLE_ID=37796):
Roy Moore-inspired bill limits federal courts
A bill pending in both houses of Congress, the "Constitution Restoration Act," would prohibit federal courts from ruling in cases involving government officials who acknowledge God "as the sovereign source of law, liberty or government."
The bill, sponsored in the House by Rep Robert Aderholt, R-Ala., and in the Senate by Sen Richard Shelby, R-Ala., was birthed in the aftermath of the ouster of former Alabama Chief Justice Roy Moore, who was sanctioned by the courts for acknowledging God by way of a Ten Commandments monument in the state's judicial building. Moore was on hand in Washington when the bills were introduced last month.
Supporters of the bill cite Article III, Section 2 of the U.S. Constitution, which authorizes Congress to limit the jurisdiction of the U.S. Supreme Court and other federal courts.
It reads in part: "… 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."
The House version, H.R. 3799, and Senate version, S. 2082, are identical companion bills. Touted by some supporters as one of the most important pieces of legislation in U.S. history, the bill states:
"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."
The legislation also addresses what many high-court watchers consider a dangerous trend: Supreme Court justices looking to foreign law and rulings for guidance when deciding cases. States the bill:
"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."
Under the bill, any judge who violates the proposed rule by making "extrajurisdictional" decisions will have committed an offense that is grounds for impeachment...
[story goes on for a bit, then concludes --] The Senate bill has five co-sponsors: Sen. Wayne Allard, R-Colo., Sen. Sam Brownback, R-Kan., Sen. Lindsey Graham, R-S.C., Sen. Jim Inhofe, R-Okla., and Sen. Zell Miller, D-Ga. The House version currently has 14 co-sponsors.
Both bills have been referred to each house's respective Judiciary committees.
― spittle (spittle), Sunday, 4 April 2004 05:06 (twenty-one years ago)
Now, I know this has almost no chance of passing. And even if it did, I'm pretty sure it would get thrown out on its ass by the courts, whatever constituational basis it claims to have. But still, it's kind of alarming to have 6 percent of the U.S. Senate essentially trying to pave the way for theocracy. (They also manage to play to conservatives' horror of "international law," as a bonus.)
I mean, can you say it any more clearly? "by reason of that element's or officer's acknowledgement of God as the sovereign source of law, liberty, or government."
― spittle (spittle), Sunday, 4 April 2004 05:10 (twenty-one years ago)