We the People Act - Prohibits the Supreme Court and each federal court from adjudicating any claim or relying on any judicial decision involving: (1) state or local laws, regulations, or policies concerning the free exercise or establishment of religion; (2) the right of privacy, including issues of sexual practices, orientation, or reproduction; or (3) the right to marry without regard to sex or sexual orientation where based upon equal protection of the laws.
Allows the Supreme Court and the federal courts to determine the constitutionality of federal statutes, administrative rules, or procedures in considering cases arising under the Constitution. Prohibits the Supreme Court and the federal courts from issuing any ruling that appropriates or expends money, imposes taxes, or otherwise interferes with the legislative functions or administrative discretion of the states.
Authorizes any party or intervener in matters before any federal court, including the Supreme Court, to challenge the jurisdiction of the court under this Act.
Declares that the violation of this Act by any justice or judge is an impeachable offense and a material breach of good behavior subject to removal.
Negates as binding precedent on the state courts any federal court decision that relates to an issue removed from federal jurisdiction by this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5739 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5739
To limit the jurisdiction of the Federal courts, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2006
Mr. Paul (for himself, Mr. Tancredo, Mr. Sam Johnson of Texas, Mr.
Jones of North Carolina, Mr. Sullivan, and Mr. Duncan) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1326)
Referred to the House Committee on the Judiciary.
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