Pledge Protection Act of 2005 (sic) - Amends the federal judicial code to deny jurisdiction to any federal court, and appellate jurisdiction to the Supreme Court, to hear or decide any question pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution. Makes this limitation inapplicable to: (1) any court established by Congress under its power to make needful rules and regulations respecting the territory of the United States; or (2) the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2389 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2389
To amend title 28, United States Code, with respect to the jurisdiction
of Federal courts over certain cases and controversies involving the
Pledge of Allegiance.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2005
Mr. Akin (for himself, Mr. McIntyre, Mr. Aderholt, Mr. Bachus, Mr.
Baker, Mr. Barrett of South Carolina, Mr. Bartlett of Maryland, Mr.
Beauprez, Mr. Bilirakis, Mr. Bishop of Utah, Mr. Bishop of Georgia,
Mrs. Blackburn, Mr. Blunt, Mr. Boehner, Mrs. Bono, Mr. Boozman, Mr.
Boustany, Mr. Bradley of New Hampshire, Mr. Brady of Texas, Mr. Brown
of South Carolina, Ms. Ginny Brown-Waite of Florida, Mr. Burgess, Mr.
Burton of Indiana, Mr. Buyer, Mr. Calvert, Mr. Cantor, Mrs. Capito, Mr.
Carter, Mr. Chabot, Mr. Chocola, Mr. Coble, Mr. Cole of Oklahoma, Mr.
Costello, Mr. Crenshaw, Mrs. Cubin, Mr. Culberson, Mr. Cunningham, Mrs.
Jo Ann Davis of Virginia, Mr. Davis of Tennessee, Mr. Tom Davis of
Virginia, Mr. DeLay, Mr. Lincoln Diaz-Balart of Florida, Mr. Mario
Diaz-Balart of Florida, Mr. Doolittle, Mrs. Drake, Mr. Duncan, Mr.
Ehlers, Mrs. Emerson, Mr. Everett, Mr. Feeney, Mr. Ferguson, Mr.
Forbes, Mr. Fossella, Ms. Foxx, Mr. Franks of Arizona, Mr.
Frelinghuysen, Mr. Garrett of New Jersey, Mr. Gerlach, Mr. Gingrey, Mr.
Gohmert, Mr. Goode, Mr. Gene Green of Texas, Mr. Gutknecht, Mr. Hall,
Ms. Harris, Ms. Hart, Mr. Hastings of Washington, Mr. Hayes, Mr.
Hayworth, Mr. Hensarling, Mr. Herger, Mr. Hostettler, Mr. Hulshof, Mr.
Hunter, Mr. Hyde, Mr. Issa, Mr. Istook, Mr. Jenkins, Mr. Sam Johnson of
Texas, Mr. Jones of North Carolina, Mr. Keller, Mr. Kennedy of
Minnesota, Mr. King of Iowa, Mr. Kline, Mr. LaHood, Mr. Latham, Mr.
LaTourette, Mr. Leach, Mr. Lewis of Kentucky, Mr. LoBiondo, Mr.
Manzullo, Mr. Marshall, Mr. McCotter, Mr. McHenry, Mr. McHugh, Mr.
McKeon, Mr. Mica, Mr. Gary G. Miller of California, Mr. Miller of
Florida, Mrs. Musgrave, Mrs. Myrick, Mr. Neugebauer, Mr. Ney, Mrs.
Northup, Mr. Norwood, Mr. Nussle, Mr. Otter, Mr. Paul, Mr. Pearce, Mr.
Pence, Mr. Pickering, Mr. Pitts, Mr. Platts, Mr. Price of Georgia, Mr.
Putnam, Mr. Radanovich, Mr. Rahall, Mr. Ramstad, Mr. Rehberg, Mr.
Renzi, Mr. Reynolds, Mr. Rogers of Kentucky, Mr. Rogers of Alabama, Mr.
Rogers of Michigan, Ms. Ros-Lehtinen, Mr. Ryan of Wisconsin, Mr. Ryun
of Kansas, Mr. Shadegg, Mr. Shimkus, Mr. Shuster, Mr. Simpson, Mr.
Smith of New Jersey, Mr. Smith of Texas, Mr. Sodrel, Mr. Souder, Mr.
Stearns, Mr. Sullivan, Mr. Taylor of North Carolina, Mr. Thornberry,
Mr. Tiahrt, Mr. Upton, Mr. Walden of Oregon, Mr. Weldon of
Pennsylvania, Mr. Weldon of Florida, Mr. Whitfield, Mr. Wicker, Mr.
Wilson of South Carolina, Mr. Wolf, Mr. Young of Florida, Mr. Young of
Alaska, and Mr. Tiberi) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, with respect to the jurisdiction
of Federal courts over certain cases and controversies involving the
Pledge of Allegiance.
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 ``Pledge Protection Act of 2005''.
SEC. 2. LIMITATION ON JURISDICTION.
(a) In General.--Chapter 99 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1632. Limitation on jurisdiction
``(a) Except as provided in subsection (b), no court created by Act
of Congress shall have any jurisdiction, and the Supreme Court shall
have no appellate jurisdiction, to hear or decide any question
pertaining to the interpretation of, or the validity under the
Constitution of, the Pledge of Allegiance, as defined in section 4 of
title 4, or its recitation.
``(b) The limitation in subsection (a) does not apply to--
``(1) any court established by Congress under its power to
make needful rules and regulations respecting the territory of
the United States; or
``(2) the Superior Court of the District of Columbia or the
District of Columbia Court of Appeals;''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 99 of title 28, United States Code, is amended by adding at the
end the following new item:
``1632. Limitation on jurisdiction.''.
<all>
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 920 and Rule XVIII.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2389.
DEBATE - Pursuant to the provisions of H. Res. 920, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Watt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Watt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 920, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson-Lee amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson-Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
PROCEEDINGS VITIATED - Ms. Jackson-Lee asked unanimous consent that her request for a recorded vote on her amendment be vitiated, and allow the voice vote to stand. Agreed to without objection.
DEBATE - Pursuant to the provisions of H. Res. 920, the Committee of the Whole proceeded with 10 minutes of debate on the Akin amendment.
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Committee of the Whole House on the state of the Union rises leaving H.R. 2389 as unfinished business.
Considered as unfinished business. (consideration: CR H5432-5433)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2389.
The previous question was ordered pursuant to the rule. (consideration: CR H5433)
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by recorded vote: 260 - 167 (Roll no. 385).
Roll Call #385 (House)On passage Passed by recorded vote: 260 - 167 (Roll no. 385).
Roll Call #385 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on the Judiciary.