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Old 06-06-2005, 08:32 AM   #103 (permalink)
Ustwo
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(Note this post should be read with a ‘Foghorn Leghorn’ accent to achieve maximum effect.)

You gentleman will have to forgive me if I didn't take the word of the venerable 'Vermont Guardian' as, gospel, no pun intended of course, but after a quick perusal of its content it is my opinion that the 'Vermont Guardian' couldn't be trusted to give you the base ball scores without putting a left wing spin on them. As such I decided to find the bill itself and see what it says. Thankfully it was mercifully brief, unlike many such matters which come before congress.

Here is the, offending, bill in its entirety.

Quote:
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.
Now I am no lawyer, my self respect being too high for that profession, but if I may be so bold as to state my vocabulary and reading comprehension have always been most highly regarded, that I think perhaps I may have the intent of this bill translated to the point where it can be rendered in common english.

Let us look at the first part, the ‘offensive’ part if you will.

Quote:

`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.'.
Now, I’ll be honest with you all, as this is a most confusing sentence, and made all the more confusing because that which it intends to protect does not seem to need protecting, at least not at this time. How I read this is that at no point should the Supreme Court be allowed to rule if a person is fit or unfit for duty/office due to their belief in god. Yes what this says, is that you are allowed to believe in God without fear of government interference. Now on the surface this seems a bit silly to me, after all do we not have freedom of religion? But perhaps the writers here have a bit of future vision where the secular nature of the land is such that belief in god is considered a negative thing, and something which makes one unfit. I would assume that such a law would be able to protect a Wiccan as much as a Christian. I think at worst such a law may allow a city perhaps to place the 10 commandments on the lawn of a courthouse, which as some of you may recall, caused a bit of a ruckus not too long ago, but even that would not be guaranteed.

Quote:
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
Now this my friends, is far more reaching than the first part of this bill. While you may fret about the former, I do not see it being a threat to this land, in all fairness such a concern would not have been a concern until our more recent history. This on the other hand cuts to a bigger problem. You will have to forgive me for I do not recall the case, but not long ago members of the Supreme Court of the United States of America used foreign European law as precedence for deciding US law. I assure you I was as shocked as you upon learning this. When the court uses foreign law to decide if US law is just it is no longer a court, it is the legislative, executive, and judicial branch combined. It is not for the court to decide if it LIKES a law only that the law is just under the excising fame work. It is up to our elected officials to decide on that framework, and to change laws accordingly to the public desires, to allow the courts to write and enforce the laws is despotism.

The rest of the bill is but standard issue filler. No lower courts are allowed to rule either, and judges must abide by the new law or face removal, which is just common sense.

Now it’s a shame that the two provisions are linked as the second is far more important than the first. While the first is a reaction to what could only be described as ‘militant secularism’ where those of faith are attacked because they have faith, its implications are minor. The second provision is what is far more important to pass, to remind judges they are there to look at US law framed by the constitution. They are not there to make the laws ‘better’ based on their own whims. It is elected officials that write law, not judges.
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Last edited by Ustwo; 06-06-2005 at 10:02 AM..
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