Constitution Restoration Act of 2004 - Amends the Federal judicial code to prohibit the U.S. Supreme Court and the Federal district courts from exercising jurisdiction over any matter in which relief is sought against an element of Federal, State, or local government or officer of such government by reason of that element's or officer's acknowledgment of God as the sovereign source of law, liberty, or government.
Prohibits a court of the United States from relying upon any law, policy, or other action of a foreign state or international organization in interpreting and applying the Constitution, other than the constitutional law and English common law.
Provides that any Federal court decision relating to an issue removed from Federal jurisdiction by this Act is not binding precedent on State courts.
Provides that any Supreme Court justice or Federal court judge who exceeds the jurisdictional limitations of this Act shall be deemed to have committed an offense for which the justice or judge may be removed, and to have violated the standard of good behavior required of Article III judges by the Constitution.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3799 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 3799
To limit the jurisdiction of Federal courts in certain cases and
promote federalism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2004
Mr. Aderholt (for himself and Mr. Pence) 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
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 the constitutional law and English
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Subcommittee Hearings Held.
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