[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2323 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2323

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2004

Mr. Shelby (for himself, Mr. Miller, Mr. Brownback, Mr. Graham of South 
    Carolina, Mr. Allard, Mr. Inhofe, and Mr. Lott) 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 
2004''.

                         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), by reason of 
that entity's, officer's, or agent's acknowledgement 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 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.''.
    (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.

                         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.
                                 <all>