Will Congress pass the Constitution Restoration Act of 2004?

[Q]

Constitution Restoration Act of 2004 (Introduced in House)

HR 3799 IH

108th CONGRESS

2d Session

H. R. 3799

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

IN THE HOUSE OF REPRESENTATIVES

February 11, 2004

Mr. ADERHOLT (for himself and Mr. PENCE) introduced the following bill; which was 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 2004'.

TITLE I--JURISDICTION

SEC. 101. APPELLATE JURISDICTION.

(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:

`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 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.

SEC. 102. LIMITATIONS ON JURISDICTION.

(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:

`Sec. 1370. Matters that the Supreme Court lacks jurisdiction to review

`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.

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 the constitutional law and English common law.

TITLE III--ENFORCEMENT

SEC. 301. EXTRAJURISDICTIONAL CASES NOT BINDING ON STATES.

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.

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.

http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.3799:

[ewagner]

1. The best we can hope for

is a united stand by Democrats agaisnt this legislative atrocity....

Repubs will be bullied into voting for it but we can hope OUR reps will stand firm....

If it does pass there is always the hope that it will be declared unconstitutional....

[Q]

2. But let's not forget that there is a faction of the Dem party...

...that pretty much always votes with Republicans on pivotal issues. After all...we never thought the 'bankrupcy' bill had a chance in hell of passing.

[adwon]

3. Section 201 is unconstitutional

It's in contradiction to the Court's holding in Ex Parte McCardle. Congress doesn't get the power to tell the Court how they must perform the judicial function.

Section 101 looks constitutional because only access to the Supreme Court is denied. All other federal courts are still available.

Section 301 I'm not sure about.

Section 302 is unconstitutional for two reasons. First, Section 201 is unconstitutional, so penalties for it can't hold. Second, I don't believe Congress is allowed to add to the requirements for lifetime tenure by statute.

[ashmanonar]

4. exactly.

seems like the whole thing is unconstitutional. which means it'll probably get passed...:evilfrown:

[Discord]

5. They already claim to have 28 sponsors and enough

votes to pass it.

<SNIP>


This is not a joke, a test, or a fit of libertarian paranoia. The CRA already has 28 sponsors in the House and Senate, and a March 20 call to lead sponsor Sen. Richard Shelby's office assures us that "we have the votes for passage." This is a highly credible projection as Bill Moyers observes in his 3/24/05 "Welcome to Doomsday" piece in the New York Review of Books: "The corporate, political, and religious right's hammerlock... extends to the US Congress. Nearly half of its members before the election-231 legislators in all (more since the election)-are backed by the religious right... Forty-five senators and 186 members of the 108th Congress earned 80 to 100 percent approval ratings from the most influential Christian Right advocacy groups."

<SNIP>

article here:

http://www.zmag.org/content/showarticle.cfm?SectionID=104&ItemID=7569

[Q]

7. Isn't is also 'unConstitutional' for...

...Congress to allow a 'president' to declare war and then agree with him after the fact?

I agree with your analysis...but Congress doesn't seem too worried these days about their laws and legislation going against Constitutional intent.

And let's not forget that Bush could once again use an executive order to bypass the Constitution...as he has done many times before.

[adwon]

9. ?

For the question on war, please state the facts you have in mind. I don't want to assume anything.

Congress has always passed laws of dubious constitutionality. That's nothing new and usually not a problem. There are federal courts to resolve the issue.

Use an executive order? Please be specific in what you're thinking.

[Coastie for Truth]

6. The best we can hope for is Progressive Federalism (SECESSION)

such as we described by Secretary of State and Attorney General

<>

Judah Philip Benjamin,

and described in the proposed constitution of Acadia (British Columbia, Washington, Oregon, California)

<>

which, while "outdoorsie, Pacific Northwest Libertarian" does incorporate some of the Bluest of the Blue States and Provinces,
British Columbia


<>

Washington State

<>

Oregon

<>

and the Bluest of the Blue States, California

<>


SAVE YOUR CALIFORNIA SUTTERS MILL GOLD COINS

<>

BECAUSE THE WEST WILL RISE AGAIN

[OneBlueSky]

8. doesnt' matter . . . it's unconstitutional on its face . . .

you really think the judiciary is going to cede any of their power to the legislative branch? . . . no way . . . if passed, it will be struck down quicker than you can say "Marbury vs. Madison" . . .

[Q]

10. You may be right...

...but aren't you concerned that SO MANY in Congress seem to support it?

[OneBlueSky]

11. only if they're Democrats . . . I expect the Repugs to go along. . . n/t

.

[Al-CIAda]

12. THE CHRISTIAN DOMINIONISTAS JUST DON'T GET IT

The Despoiling of America: How George W. Bush became the head of the new American Dominionist Church/State
http://www.yuricareport.com/Dominionism/TheDespoilingOfAmerica.htm
and
http://www.yuricareport.com/contents.html

============

"Constitution Restoration Act of 2004"
If enacted, the Constitution Restoration Act will effectively transform the United States into a theocracy, where the arbitrary dictates of a "higher power" can override law.
By Chris Floyd
Published: March 12, 2004

"The "Constitution Restoration Act of 2004" is no joke; it was introduced last month by some of the Bush Regime's most powerful Congressional sycophants. If enacted, it will effectively transform the American republic into a theocracy, where the arbitrary dictates of a "higher power" -- as interpreted by a judge, policeman, bureaucrat or president -- can override the rule of law."

>

According to Dominionist literature, "biblical rule" means execution -- preferably by stoning -- of homosexuals and other "revelers in licentiousness"; massive tax cuts for the rich (because "wealth is a mark of God's favor"); the elimination of government programs to alleviate poverty and sickness (because these depend on "confiscation of wealth"); and enslavement for debtors. No legal challenges to "God's order" will be allowed. And because this order is divinely ordained, the "elect" can use any means necessary to establish it, including deception, subversion, even violence. As Robertson himself adjures the faithful: "Zealous men force their way in."
The Dominionist movement was founded by the late R.J. Rushdoony, a busy beaver who also co-founded the Council for National Policy. The CNP is the politburo of the American conservative movement, filled with top-rank political and business leaders who set the national agenda for the vast echo chamber of right-wing foundations, publishers, media networks and universities that have schooled a whole generation in obscurantist bile -- just as the extremist Wahabbi religious schools funded by Saudi billionaires have poisoned the Islamic world with hatred and ignorance.
One of the chief moneybags behind the rise of Dominionism was tycoon Harold Ahmanson, Rushdoony's protege and fellow CNP member. In addition to establishing theocracy in America, Ahmanson has another abiding interest: computerized voting machines. As reported here last year, Ahmanson, a fervent Bush backer, was instrumental in establishing two of the Republican-controlled companies now rushing to install their highly hackable machines -- with untraceable, unrecountable electronic ballots -- across the country in time for the November election.
The Dominionists also have strong backing on the Supreme Court, Yurica notes. Justice Antonin Scalia, author of the unconstitutional ruling that gave Bush the presidency, declared in the theological journal First Things that the state derives its moral authority from God, not the "consent of the governed," as that old licentious reveler Thomas Jefferson held in the Declaration of Independence. No, government "is the 'minister of God' with powers to 'revenge,' to 'execute wrath,' including even wrath by the sword," Scalia wrote. He railed against the "tendency of democracy to obscure the divine authority behind government."

Con't-
http://context.themoscowtimes.com/index.php?aid=131199

=========

'THE CHRISTIAN DOMINIONISTAS JUST DON'T GET IT'
By Karl W. B. Schwarz
A Conservative Christian Republican
December 8, 2004
I have decided that our American lexicon needs a new word - Dominionistas, noun, plural, definition - groups whose religious beliefs obstruct critical thinking on matters of fairness, equity, Christ-like qualities, confusion between goodness and sin; cultists; persons of Neocon beliefs, fascists, persons of narrow mindedness.
The commentary today is yet another open letter to Christian Dominionistas who need to step away from the Kool-aid and have a long talk with God and Jesus Christ about what Christianity is, and more importantly - what Christianity is not. They might as well call themselves Zionist Christians, for some erroneously do and do not "get it" when myself or anyone else explains to them that Zionist Christians is in fact an oxymoron, or two words that have no business being used together. Sort of like "jumbo shrimp", or "military intelligence", or "Bush Compassionate Conservatism" being just three operative examples of what to look for when seeking an example of an oxymoron.
Most Christians do not "get it" when it is explained that there is a massive movement in Judaism, simply named Jews Against Zionism, fighting to rid their religion of Zionist. Many Christians just do not get it that the term Zionist can be pushed to such an extreme that it is a substitute word for fascist. It has happened in Judaism and it is happening in Christianity and neither are "religious based movements". They are based on evil, greed, power, domination; all things that are quite Un-Christ-like. They are "cults" in their sheerest definition<1> and are not God and Christ centered, they are people, power and greed centered. They call wrong right and right wrong. "This article provides more information that demonstrates that far from being the saviors of the Jewish People, the Zionists are the true self-hating Jews who have had nothing but contempt and outright hatred for the Jewish People and Judaism.<2> This article proves that anti-Semitism has been the oxygen and lifeblood of the Zionists throughout the ages to the present day.
"By contrast, we anti-Zionist Jews having been doing all we can to reduce hatred of Jews by proclaiming the true nature of the Jewish religion in contrast to the heresy and idolatry of Zionism.<3> We hope this will help Jews awaken from the brainwashing of the Zionists."
I know many Christians that need to start weaning themselves from the brainwashing of the Dominionistas and the Republican Neocon Fascists that have taken control of the RNC. Christianity is not about power, greed, entitlement, world conquest, Empire building, or looking the other way on the evil that is going on inside of our government ñ in our name - and wrapping that up in the flag and pretending that evil and wrong conduct is Christianity.

CON'T-
http://www.rbnlive.com/christlink.html

========

Only the Paranoid Survive
"I've seen the future, baby, and it's murder."
Ahmanson, counter of America's votes, has admitted "My purpose is total integration of biblical law into our lives." Now, and in light of mounting and massive evidence of anomalies favouring the Republican ticket, which is more incredible: that fundamentalists would allow unaudited virtual ballots to be hacked in order to further the establishment of God's law upon American lives, or that George Bush won 51% of the vote? (Coincidentally, the 51/48 split was the margin Dick Cheney forecast a week before the election.)
Eva Sion on the Christian reconstructionists and their faith-based electronic voting machines:
Theonomic Reconstructionism is a belief that the only true authority is God's, that allegiance to biblical laws trumps that of civic law and that the Kingdom of Heaven needs to be built on Earth before Jesus will come again. In addition to that, homosexuals should be put to death, women should be banned from civic office, apostates and heretics should be stoned to death and there is a great need for more Christian politicians.
Not content to philosophize about such things, the TR movement sprang into action. Funded by billionaires such as Howard Ahmanson and the Coors and Hunt families, Reconstructionists formed think tanks such as the Chalcedon Institute and the Rutherford Institute (the friendly guys that funded Paula Jones' lawsuit against Clinton) to give the Christian Right a philosophical base to draw from, and political action committees to finance their elections.
...
Ahmanson inherited his money from his father, owner of Home Savings & Loan (during the S&L scandal of the Reagan years, Home's investors, mostly small family investments, lost over $150 million dollars. No one went to jail). In addition to funding PACs and think tanks, Howard Jr. parlayed his fortune into the majority stock of a business called American Information Systems (AIS) started by two enterprising brothers, Todd and Bob Urosevich. AIS later merged with Business Records Corporation (BRC) and became Election Systems & Solutions (ES&S). ES&S is the number one provider of touch-screen voting machines. Their website claims that their products were used in collecting 56% of the national vote in the last presidential elections.
Todd Urosevich is now Vice President of ES&S. Strangely enough, brother Bob moved on to head the second largest computerized vote-counting business, Global Election Systems, recently purchased by ATM and security giant Diebold. (They now have both the Ohio and Georgia contracts.) In a round table swap of incestuous patronage the previous executives of Global moved on to head the third largest vote-counting company in the nation, Advanced Voting Systems. Combined, these three corporations will process nearly 80% of the next nationwide elections.
So wake up, America, to your perfect Straussian nightmare: abroad, the neoconservatives are pursuing their imperial energy strategy, while at home Christo-fascists dope the populace on crusader morality and levitical law. If you still can't see the lights going out, it's because your eyes have adjusted to the dark.

Con't-
http://rigorousintuition.blogspot.com/2004/11/only-paranoid-survive.html

=======
Voting Fraud in the USA:  A Tale of Two Brothers
You've heard of the song The Day the Music Died? Well, today is the Day Democracy Died. Actually, that day probably came about 4 years ago, the first time Bush stole the election. Or even earlier, as I will reveal....
Once upon a time there were two brothers: Bob and Todd Urosevich. In the 1980's, with the financial backing of the right-wing extremist Christian billionaire Howard Ahmanson (also a major player behind the whole anti-evolution movement), Bob and Todd founded a company called American Information Systems (AIS) that built voting machines. They were also certified to count votes.
It is interesting to note that back then there was no federal agency with regulatory authority or oversight of the U.S. voting machine industry. Even more interesting is the fact that this is still true today. Not even the Federal Election Commission (FEC) has a complete list of all the companies that count votes in U.S. elections.
But let us get back to our story....
In 1992 a conservative Nebraskan fellow called Chuck Hagel became chairman of AIS as well as chairman of the McCarthy Group, a private investment bank. This all happened shortly after he stopped working for Bush Sr.'s administration as Head of the Private Sector Council.
In 1995 Hagel resigned from AIS and a year later ran for Senate, with the founder of the McCarthy Group as his campaign manager.
In 1996 Chuck Hagel became the first Republican to ever win a Nebraska senatorial campaign in 24 years, carrying virtually every demographic group, including African American precincts that had never voted Republican. The only company certified to count votes in Nebraska at the time was AIS.

continued-
http://nightweed.com/VoterFraudATaleofTwoBrothers.html

==========

"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


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