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Old 07-22-2004, 08:12 PM   #1 (permalink)
nanofever
Huzzah for Welcome Week, Much beer shall I imbibe.
 
Location: UCSB
Tonight at the Garden: Congress vs. The Supreme Court

" H. R. 3313

To amend title 28, United States Code, to limit Federal court jurisdiction over questions under the Defense of Marriage Act.

IN THE HOUSE OF REPRESENTATIVES

October 16, 2003

Mr. HOSTETTLER (for himself, Mr. PENCE, Mr. SMITH of Michigan, Mr. GARRETT of New Jersey, Mr. GOODE, Mr. AKIN, Mr. GUTKNECHT, Mr. WELDON of Florida, Mr. JONES of North Carolina, Mr. BARTLETT of Maryland, Mr. FORBES, and Mr. PAUL) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 28, United States Code, to limit Federal court jurisdiction over questions under the Defense of Marriage Act.

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 `Marriage Protection Act of 2003'.

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

`No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or determine any question pertaining to the interpretation of section 1738c of this title or of this section. Neither the Supreme Court nor any court created by Act of Congress shall have any appellate jurisdiction to hear or determine any question pertaining to the interpretation of section 7 of title 1.'.

(b) AMENDMENT TO TABLE OF SECTIONS- 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.'."

http://www.congress.gov/cgi-bin/quer.../~c1088hZY2J::

I like checks and balances. They keep one branch of the government from making poor decisions, and they stop power mongers from trying to control the entire country. Republican's in Congress are now try to destroy a key part of federal checks and balances. The fact that Republicans created and passed this horrid bill in the House show that they know the Marriage Protection Act is unconstitutional and that they don't care. If this bill *somehow* gets past the Senate, it will set a prescedent that will basically invalidate Judicial oversight of Congress. Congress will simply affix this type of bill to anything it knows is unconstitutional, and the Supreme Court will have no recourse. I can't see how this type of political mauvering is good for the country.

/This is all assuming the bill passes the Senate (the Republicans might pull the same bullshit they pulled on healthcare and the Gitmo tribunal to get this billed passed). This is also assuming the Supreme Court doesn't tell Congress to go take a flying fuck and then rule heavily against both defense of marriage and this bill.
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