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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 08:41 AM
Original message
Constitution Restoration Act of 2005
This bill has been introduced by Sen. Shelby, R. AL.
Comments?

Constitution Restoration Act of 2005 (Introduced in Senate)

S 520 IS


109th CONGRESS

1st Session

S. 520

To limit the jurisdiction of Federal courts in certain cases and promote federalism.


IN THE SENATE OF THE UNITED STATES


March 3, 2005
Mr. SHELBY (for himself, Mr. BROWNBACK, and Mr. BURR) introduced the following bill; which was read twice and referred to the Committee on the Judiciary



--------------------------------------------------------------------------------


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.
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BlueEyedSon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 08:44 AM
Response to Original message
1. LMFAO!
The people (who put forth this bill) should be impeached immediately.

Fucking religious crusaders.
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Guckert Donating Member (946 posts) Send PM | Profile | Ignore Mon May-23-05 08:46 AM
Response to Original message
2. I do love the name and the references to God. when are we going to wake up
from this GOP nightmare???? Hopefully 2006 and 2008.

Does he know that the Constitution is a living, breathing document. Open to interpretation since its inception??? what a TOOL.
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shoelace414 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 08:46 AM
Response to Original message
3. Because tonight we're gonna legislate likes it's 1776!
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wtbymark Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 08:46 AM
Response to Original message
4. Comments?
Thats a 'no brainer', this legislation is the official start to a theocracy. If we lose on either the filibuster or this piece of crap it's game over.
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bertha katzenengel Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 08:47 AM
Response to Original message
5. This is it.
We're going to have to watch this one carefully. :scared:
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C_U_L8R Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 08:50 AM
Response to Original message
6. Yeah Really Funny
Except this is no joke !
Goodness gracious... we'd be better off with the Taliban in charge.
At least they were honest about their intentions.
BAH !
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whistle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 08:53 AM
Response to Original message
7. Oh boy....this is good.....
<snip>

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.
<end snip>

Now, if that isn't backward looking, I don't know what is. First item to be taken care of should the "Constitution Restoration Act of 2005" be adopted is: repeal of all of the amendments to the constitution and the re-establishment of slavery in the thirteen colonies.

In fact, isn't Sen. Shelby, R. AL., putting the United States of America back into a position where we would have to re-fight the revolution with the English to win our Independence? English common law did not give the colonies Independence when the Constitution was first written:

<snip>

The U.S. Constitution is the central instrument of government and the "supreme law of the land". It is the oldest written Constitution in the world that is in force. It was written in 1787 in Philadelphia by the Continental Congress of the new American republic and was officially adopted in 1789. The objective of the writers was to outline the structure of a new, strong central government after the years of weakness and chaos resulting from the preexisting "Articles of Confederation and Perpetual Union" which loosely bound the colonies together since 1778.
The U S Constitution outlines the structure and powers of the 3 branches of government (executive, legislative, judicial) and the 3 levels of government (federal, state, local). The basic principles of the Constitution are the same today as when it was written:

1--the 3 branches of government (executive, legislative, judicial) are separate and each is checked and balanced off by the power of the other two,

2--the U S Constitution is supreme,

3-all persons are equal before the law, as are all states and each state must be democratic and respect the law of others,

4--the people can change the U S Constitution by the methods outlined within it.

Amendment of the U S Constitution may be initiated by a 2/3 vote in each chamber of congress, or 2/3 of the states calling for a national convention. In either case a vote of 3/4 of the states is required to actually make an amendment. The interpretation of the Constitution has changed over time without amendment by various pieces of legislation and judicial decisions.

The U S Constitution has had 27 amendments. The Bill of Rights, the first 10 amendments to the Constitution, were adopted in 1791 in order to meet demands for the signature of Massachusetts and other states to the Constitution:

<more>
<link> http://www.usconstitution.com/


:wtf:
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GreenArrow Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 09:12 AM
Response to Original message
8. Now I lay me down to sleep
I pray the Lord my soul to keep.
If I should die before I wake,
I pray the Lord my soul to take.
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RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 09:57 AM
Response to Reply #8
9. I have often wondered if my chronic insomnia and dislike of going
to bed was a result of being made to repeat that pernicious prayer every night. It scared the hell out of me.
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GreenArrow Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 10:26 AM
Response to Reply #9
10. I've heard other people suggest the same
The prayer seems appropriate in light of the legislation. Now, if you'll allow me to add the chilling coda:

God Bless President Bush, and Mrs. Laura, and Rummy, and Condi, and God bless Uncle Dick, and Wolfie, and Mr. Delay. And Mommy and Daddy.
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davidinalameda Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 11:57 AM
Response to Original message
11. if this is passed
which I doubt even the Repukes would do, it would be challenged and declared unconstitutional

not real worried about this one

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Al-CIAda Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-05 12:02 PM
Response to Original message
12. Must see/listen -"The Rise of Dominionism"

"The Rise of Dominionism"
recorded October, 2004, 44 minutes
Download audio and video documenting the Rise of Dominionism (no charge, no copyright)
http://www.theocracywatch.org/audio-video.htm

Cornell University's Joan Bokaer explains Dominionism and Reconstructionism and their hijacking of American government.

TheocracyWatch is a project of the Center for Religion, Ethics and Social Policy (CRESP) at Cornell University. CRESP is a nonsectarian, action-based educational organization with its roots in religious dialogue, human rights advocacy, and ethical thought.

http://www.theocracywatch.org/audio-video.htm


Inform Yourself -- Spread the Word

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Educational materials provided by TheocracyWatch will give you an opportunity to understand the role the Religious Right is playing in shaping our world. The CDs, DVDs, and audiocassette provide a distillation of the vast amount of material covered in the TheocracyWatch website.
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