[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1046 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1046

To amend title 28, United States Code, with respect to the jurisdiction 
 of Federal courts over certain cases and controversies involving the 
                         Pledge of Allegiance.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2005

   Mr. Kyl (for himself, Mr. Talent, Mr. Brownback, Mr. Inhofe, Mr. 
    Stevens, Mr. Coburn, Mr. Bunning, and Mr. Thune) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, with respect to the jurisdiction 
 of Federal courts over certain cases and controversies involving the 
                         Pledge of Allegiance.

    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 ``Pledge Protection Act of 2005''.

SEC. 2. LIMITATION ON JURISDICTION.

    (a) In General.--Chapter 99 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1632. Limitation on jurisdiction
    ``(a) Except as provided in subsection (b), no court created by Act 
of Congress shall have any jurisdiction, and the Supreme Court shall 
have no appellate jurisdiction, to hear or decide any question 
pertaining to the interpretation of, or the validity under the 
Constitution of, the Pledge of Allegiance, as defined in section 4 of 
title 4, or its recitation.
    ``(b) The limitation in subsection (a) does not apply to--
            ``(1) any court established by Congress under its power to 
        make needful rules and regulation respecting the territory of 
        the United States; or
            ``(2) the Superior Court of the District of Columbia or the 
        District of Columbia Court of Appeals.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 99 of title 28, United States Code, is amended by adding at the 
end the following new item:

``1632. Limitation on jurisdiction.''.
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