[Congressional Record Volume 152, Number 21 (Friday, February 17, 2006)]
[Extensions of Remarks]
[Page E194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF BILL TO RESTRAIN FEDERAL COURTS FROM INTERFERING IN THE 
INDEPENDENCE OF STATE LEGISLATURES AND TO PROTECT THE FREEDOM OF SPEECH 
                  AND CONSCIENCE OF STATE LEGISLATORS

                                 ______
                                 

                         HON. MICHAEL E. SODREL

                               of indiana

                    in the house of representatives

                      Thursday, February 16, 2006

  Mr. SODREL. Mr. Speaker, today, I am introducing legislation to 
address a problem in Indiana that threatens to spread across the 
nation. A federal court in Indiana has imposed itself on the 
independence of state legislators. A federal district court judge, 
David Hamilton, in the case of Hinrichs v. Bosma, has ruled ministers 
invited to deliver invocations before the Indiana State Legislature, 
and the legislators themselves, must not make any reference to Jesus 
Christ or to the Christian religion. This decision goes beyond freedom 
of religion, to threaten freedom of speech, and imperils the foundation 
principles of our representative republic. If federal courts can 
regulate any speech of the members of a legislative body, then those 
courts can regulate all speech.
  The U.S. Constitution guarantees to each state a representative form 
of government, and it is Congress' duty to enforce this guarantee. This 
decision by Judge Hamilton is an unprecedented assault by the federal 
courts on the independence of a state legislative body. The courts are 
now going beyond interpreting laws, and have begun inserting themselves 
in the legislative process. Hundreds of years of precedent argue 
against this court decision. It violates the principles of separation 
of legislative and judicial powers, and separate sovereignty between 
state and federal power. Judge Hamilton's court is presuming to dictate 
what state legislators may or may not say, and decide how they should 
represent their constituents.
  To protect the speech, conscience, and independence of legislators 
from unelected and unaccountable judges serving for life, I am 
introducing a bill to do the following: remove the review of content of 
speech in the legislature from the jurisdiction of federal courts; 
provide immunity for the content of speech during a legislative session 
by a legislator or lawfully invited guests, excluding witnesses, unless 
such speech constituted treason, an admission of a crime, or a breach 
of the peace; prohibit the use of federal funds to enforce this or 
similar decisions; and prohibit the use of fines against the state as a 
body in order to enforce such a decision.
  It is vital to representative government to preserve the ability of 
state legislators to represent their constituents as their consciences 
provide through the power of free speech. I ask the Congress to act to 
stop this cancer on the legislative power.

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