New Dominionist Bill Limits the Supreme Court's Jurisdiction

[OneBlueSky]

here's a frightening piece of legislation that's being put forth by the religious right . . . be afraid, people, be very afraid . . .

The Constitution Restoration Act of 2004
By Katherine Yurica
The Yurica Report - http://www.yuricareport.com/
February 19, 2004

http://www.scoop.co.nz/mason/stories/HL0402/S00172.htm

(snip)

The House version is H.R. 3799 and the Senate version is S. 2082. The bill limits the U.S. Supreme Court and federal courts to hear cases involving “expressions of religious faith by elected or appointed officials.”

Although the claim by its sponsors appears to be that the intention is to prevent the courts from hearing cases involving the Ten Commandments or a Nativity Scene in a public setting from being reviewed, the law is drawn broadly and expressly includes the acknowledgment of God as the sovereign source of law by an official in his capacity of executing his office. John Giles, Alabama President of Christian Coalition said, "The greatest unbridled abuse by the federal judiciary for over forty years has been in the area of redefining the acknowledgement of God as the sovereign source of law...We define this as judicial activism, making law from the bench. These unconstitutional rulings have gone unchecked by other branches of government."

The following proposed law will be added to Sec. 1260 of Title 28, Chapter 81 of the U.S. Code:

“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 acknowledgment of God as the sovereign source of law, liberty, or government.”

Because the judiciary is “an element” of the federal, state and local governments, this wording, if it becomes law, may allow any judge to institute biblical punishments without being subject to review by the Supreme Court or the federal court system.

- more . . .

http://www.scoop.co.nz/mason/stories/HL0402/S00172.htm

[Norquist Nemesis]

1. How is it possible that

a law can be passed limiting the courts like this? In particular, the Supreme Court?

I need to go back to Civics class and stay awake this time around.

[Dookus]

7. Well...

Article III, Section 2 of the constitution states, in part:

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.



Now, from my research, there is controversy over this clause. Some say it only affects which areas the SC has ORIGINAL jurisdiction over. Others say differently. I was unable to find any instance in which this clause was actually used by congress to limit the jurisdiction of the SC on a policy matter.

Furthermore, from what I've read, it seems the court itself would rule against any such attempt, given Marbury v Madison. To allow it would lead to a situation where state courts and lower federal courts could have vastly different findings, with no way to resolve them. Hence, we could have, for example, slavery legal in some states, but not others. Clearly, this is not what was envisioned by the founders.

I would love to hear from any real constitutional lawyers on this. I, myself, am not a lawyer. I just play one on DU :)

[napi21]

2. You're right...be very afraid!

I'm no constitutional scolar, but I think the 3 separate levels of government are guaranteed. I don't think the congress can make a decision that limits the jurisdiction of the Supreme Court.

They might try, but it ain't happenen' folks!

[JasonDeter]

5. I agree. Being the egomaniacs they are,

the republicans think they have a chance. I mock them in private. I mock them on DU. And if I met them in public I'd mock them to their faces.

[Lone_Wolf_Moderate]

3. This is a scary one.

This reeks of a shady bill that can be openly abused by right-wingers to wreck the Constitution, under the false pretenses of protecting religious liberty. God help us.

[Elwood P Dowd]

4. Never, in my wildest dreams

did I ever believe it possible that dominionists and neocons and
criminals could band together and form a political party. Well folks,
I was right. Instead, they just hijacked the republican party. The sad part is, the rank and file rupukes are following along like sheep to the slaughter.

[RainDog]

6. EVERYONE needs to read the looooong Yurica Report

article on this issue because she shows the stealth campaign that has gone on for twenty years and is now at the point of crisis for those of us who don't want a theocracy for America.

This issue is MORE IMPORTANT than Bush's attempt to amend the Constitution over gay marriage, because if these people are not driven out of power in disgrace, they want to not merely deny homosexuals the right to marry, they want to deny them the right to life itself.

These are the real fascists in this country. The real ones who have the stated desire to engage in the same sort of mass murder that Hitler did.

They are here in our country and George Bush is their figurehead.

As Kevin Phillips noted in American Dynasty, Pat Robertson resigned as head of the Christian Coalition as Bush was "anointed" as the leader of this faction and the rest of the Republican Party.

The truly radical agenda of these people is unknown to most Republicans, who I know would be horrified to find out that they have unwittingly voted in a theocrat.

I believe that they have, so far, been limited in their exercise of power by the remaining restraining influences of the "normal" Republicans, but with this next election and the gerrymandering that has gone on...

this is a crisis of democracy in our nation that we are facing RIGHT NOW.

they count on your denial of their intent.

[JohnOneillsMemory]

8. KICK KICK LIKE A MAN HANGING FROM A TREE CHOKING KICK KICK

Do not think that some media criticism means we will be OK. We won't.
To recap for you newbies and blind optomists (if there are any left):

Georgie is much worse than you think and he's being used for terrible purposes. Here's a British clinical psychologist's researched analysis of the boy king. He interviewed Georgie's family, friends and such and determined that he was abused as a child and developed an 'authoritarian personality,' the root of fascism! Read it and weep for him and us.
http://www.guardian.co.uk/usa/story/0,12271,1033904,00.html
(So George, how do you feel about your mom and dad?)-CLICK

And this personality is being exploited to further the creation of a Hitlerian Theocracy, which has been going on in this country for the last thirty years. Read it and wonder what the hell we're in for next now that Eugenics is domestic policy and Imperialism is foreign policy.
http://www.axisoflogic.com/artman/publish/article_5160.shtml
(God Bless America, The Constitution is Dead)-CLICK

If you'd like to read the full speech of Supreme Court Justice Antonin Scalia back in the dark ages of January 2002 when he said that 'democracy interferes with the Divine Right of Kings and he's doing something about it,' read this and wonder what century we're living in and just what that Constitution was for, anyway.
http://www.prodeathpenalty.com/scalia.htm
(God's Justice and Ours)-CLICK

How can they get away with it when everyone seems to be pissed off at Georgie and we're supposed to be able to vote the bastard out of our White House? By fixing the electronic voting machines for 'the House.' Read this and decide which country to escape to this fall when Georgie is reinstalled to finish the job he was sent to do-eliminate democracy totally, create a police state, and conquer the world.
http://www.commondreams.org/views04/0225-05.htm
(Diebold, Electonic Voting, and the Vast Right Wing Conspiracy)-CLICK

[Elwood P Dowd]

9. Another kick

<nm>

[LibertyorDeath]

10. kick

[JohnOneillsMemory]

11. KICK KICK STILL BREATHING KICK KICK KICK GASP KICK GASP GASP

We are living in the closing minutes of a culture war that the American Taliban is winning. 'Might Makes Right' is WINNING over 'The Rule of Law.'
I've decided to post this synopsis in all my thread responses:

Georgie's brain is much worse than you think and he's being used for terrible purposes. Here's a British clinical psychologist's researched analysis of the boy king. He interviewed Georgie's family, friends and such and determined that he was abused as a child and developed an 'authoritarian personality,' the root of fascism! Read it and weep for him and us.
http://www.guardian.co.uk/usa/story/0,12271,1033904,00.html
(So George, how do you feel about your mom and dad?)-CLICK

And this personality is being exploited to further the creation of a Hitlerian Theocracy called ‘Dominionism’, which has been going on in this country for the last thirty years. Read it and wonder what the hell we're in for next now that Eugenics is domestic policy and Imperialism is foreign policy.
http://www.axisoflogic.com/artman/publish/article_5160.shtml
(God Bless America, The Constitution is Dead)-CLICK

If you'd like to read the full speech of Supreme Court Justice Antonin Scalia back in the dark ages of January 2002 when he said that 'democracy interferes with the Divine Right of Kings and he's doing something about it,' read this and wonder what century we're living in and just what that Constitution was for, anyway.
http://www.prodeathpenalty.com/scalia.htm
(God's Justice and Ours)-CLICK

How can they get away with it when everyone seems to be pissed off at Georgie and we're supposed to be able to vote the bastard out of our White House? By fixing the electronic voting machines for 'the House.' Read this and decide which country to escape to this fall when Georgie is reinstalled to finish the job he was sent to do-eliminate democracy totally, create a police state, and conquer the world.
http://www.commondreams.org/views04/0225-05.htm
(Diebold, Electonic Voting, and the Vast Right Wing Conspiracy)-CLICK

LATE BREAKING NEWS-FEB. 26 2004
Right now the Dominionists are introducing legislation to replace 'The People' as the authority in our democracy’s Constitution with ‘God’ in a bill called ‘The Constitution Restoration Act of 2004,’ exactly the opposite of what it really is. The legalities of the Christian Theocracy are being used to destroy our laws as if by the Taliban in Afghanistan.

This is not a test! It is absolutely real and happening right now while the media are busy covering gay marriage and Mel Gibson’s bloody crucifixion porn film, ‘The Passion of the Christ.’

“…on February 11 , 2004 Dominionist leaders in congress made their move; they introduced a bill in both houses called The Constitution Restoration Act of 2004. Among the sponsors of the bill are Rep. Robert Aderholt (Alabama), Rep. Michael Pence (Indiana), Sen. Richard Shelby of Alabama, Sen. Zell Miller (Georgia), Sen. Sam Brownback (Kansas), and Sen. Lindsey Graham (South Carolina).

The House version is H.R. 3799 and the Senate version is S. 2082. The bill limits the U.S. Supreme Court and federal courts to hear cases involving “expressions of religious faith by elected or appointed officials.”

Although the claim by its sponsors appears to be that the intention is to prevent the courts from hearing cases involving the Ten Commandments or a Nativity Scene in a public setting from being reviewed, the law is drawn broadly and expressly includes the acknowledgment of God as the sovereign source of law by an official in his capacity of executing his office.”

http://www.scoop.co.nz/mason/stories/HL0402/S00172.htm
(The Constitution Restoration Act of 2004)-CLICK