Constitution Restoration Act of 2005 - 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 entity of Federal, State, or local government or an officer or agent of such government concerning that entity's, officer's, or agent'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 English constitutional and common law up to the time of adoption of the U.S. Constitution.
Provides that any Federal court decision relating to an issue removed from Federal jurisdiction by this Act is not binding precedent on State courts.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 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1070 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1070
To limit the jurisdiction of Federal courts in certain cases and
promote federalism.
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IN THE HOUSE OF REPRESENTATIVES
March 3, 2005
Mr. Aderholt (for himself, Mr. McCotter, Mr. Pence, Mrs. Jo Ann Davis
of Virginia, Mr. Bachus, Mr. Ryun of Kansas, Ms. Foxx, Mr. Barrett of
South Carolina, Mr. Wamp, Mr. Wilson of South Carolina, Mr. Rogers of
Alabama, Mr. Pitts, Mr. Everett, Mr. Cannon, Mr. Souder, Mr. Cantor,
Mr. Price of Georgia, Mr. McIntyre, Mr. Weldon of Florida, Mr. Jones of
North Carolina, Mr. Bishop of Utah, Mr. Herger, Mr. Goode, Mr. Hall,
and Mr. Lewis of Kentucky) 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
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.
<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.
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