Constitution Restoration Act of 2004 (Introduced in
Senate)
S 2082 IS
108th CONGRESS
2d Session
S. 2082
IN THE SENATE OF
THE UNITED STATES
Mr. SHELBY (for himself, Mr. MILLER,
Mr. BROWNBACK, Mr. GRAHAM of South Carolina, Mr. INHOFE, and Mr. ALLARD)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
Constitution Restoration Act of 2004 (Introduced in
House)
HR 3799 IH
108th CONGRESS
2d Session
H. R. 3799
IN THE HOUSE OF
REPRESENTATIVES
Mr. ADERHOLT (for himself and Mr. PENCE) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
Be it enacted by the Senate and
House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the
`Constitution Restoration Act of 2004'.
(a) IN GENERAL-
(1) AMENDMENT TO TITLE 28- Chapter
81 of title 28, United States Code, is amended by adding at the end the
following:
`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 element of Federal, State, or local
government, or against an officer of Federal, State, or local government
(whether or not acting in official personal capacity), by reason of that
element's or officer's acknowledgement of God as the sovereign source of law,
liberty, or government.'.
(2) 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.'.
(b) APPLICABILITY- Section 1260 of
title 28, United States Code, as added by subsection (a), shall not apply to an
action pending on the date of enactment of this Act, except to the extent that
a party or claim is sought to be included in that action after the date of
enactment of this Act.
(a) IN GENERAL-
(1) AMENDMENT TO TITLE 28- Chapter
85 of title 28, United States Code, is amended by adding at the end of the
following:
`Notwithstanding any other
provision of law, the district court 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.'.
(2) 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.'.
(b) APPLICABILITY- Section 1370 of
title 28, United States Code, as added by subsection (a), shall not apply to an
action pending on the date of enactment of this Act, except to the extent that
a party or claim is sought to be included in that action after the date of
enactment of this Act.
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.
Any decision of a Federal court
which has been made prior to 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.
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.