HR 958
112th CONGRESS
1st Session
H. R. 958
To limit the jurisdiction of the Federal courts, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 8, 2011
Mr. PAUL introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To limit the jurisdiction of the Federal courts, and for other purposes.
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 `We the People Act'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article III, section 1 of the Constitution of the United States vests
the judicial power of the United States in `one Supreme Court, and in such
inferior Courts as Congress may from time to time ordain and establish'.
(2) Article I, section 8 and article 3, section 1 of the Constitution of
the United States give Congress the power to establish and limit the jurisdiction
of the lower Federal courts.
(3) Article III, section 2 of the Constitution of the United States gives
Congress the power to make `such exceptions, and under such regulations'
as Congress finds necessary to Supreme Court jurisdiction.
(4) Congress has the authority to make exceptions to Supreme Court jurisdiction
in the form of general rules and based upon policy and constitutional reasons
other than the outcomes of a particular line of cases (see Federalist No.
81; United States v. Klein, 80 U.S. (13 Wall.) 128 (1872)).
(5) Congress has constitutional authority to set broad limits on the jurisdiction
of both the Supreme Court and the lower Federal courts in order to correct
abuses of judicial power and continuing violations of the Constitution of
the United States by Federal courts.
(6) Article IV, section 4 of the Constitution of the United States guarantees
each State a republican form of government.
(7) Supreme Court and lower Federal court decisions striking down local
laws on subjects such as religious liberty, sexual orientation, family relations,
education, and abortion have wrested from State and local governments issues
reserved to the States and the People by the Tenth Amendment to the Constitution
of the United States.
(8) The Supreme Court and lower Federal courts threaten the republican government
of the individual States by replacing elected government with rule by unelected
judges.
(9) Even supporters of liberalized abortion laws have admitted that the
Supreme Court's decisions overturning the abortion laws of all 50 States
are constitutionally flawed (e.g., Ely, `The Wages of Crying Wolf: A Comment
on Roe v. Wade' 82 Yale L.J. 920 (1973)).
(10) Several members of the Supreme Court have admitted that the Court's
Establishment Clause jurisdiction is indefensible (e.g., Zelamn v. Simmons-Harris,
536 U.S. 639, 688 (2002) (Souter, J., dissenting); Rosenberger v. Rector
and Visitors of the Univ. of Va., 515 U.S. 819, 861 (1995) (Thomas, J.,
concurring); Lamb's Chapel v. Center Moriches Union Free Sch. Dist., 508
U.S. 384, 399 (1993) (Scalia, J., concurring); and Committee for Public
Ed. And Religious Liberty v. Regan, 444 U.S. 646, 671 (1980) (Stevens, J.,
dissenting)).
(11) Congress has the responsibility to protect the republican governments
of the States and has the power to limit the jurisdiction of the Supreme
Court and the lower Federal courts over matters that are reserved to the
States and to the People by the Tenth Amendment to the Constitution of the
United States.
SEC. 3. LIMITATION ON JURISDICTION.
The Supreme Court of the United States and each Federal court--
(1) shall not adjudicate--
(A) any claim involving the laws, regulations, or policies of any State
or unit of local government relating to the free exercise or establishment
of religion;
(B) any claim based upon the right of privacy, including any such claim
related to any issue of sexual practices, orientation, or reproduction;
or
(C) any claim based upon equal protection of the laws to the extent such
claim is based upon the right to marry without regard to sex or sexual
orientation; and
(2) shall not rely on any judicial decision involving any issue referred
to in paragraph (1).
SEC. 4. REGULATION OF APPELLATE JURISDICTION.
The Supreme Court of the United States and all other Federal courts--
(1) are not prevented from determining the constitutionality of any Federal
statute or administrative rule or procedure in considering any case arising
under the Constitution of the United States; and
(2) shall not issue any order, final judgment, or other ruling that appropriates
or expends money, imposes taxes, or otherwise interferes with the legislative
functions or administrative discretion of the several States and their subdivisions.
SEC. 5. JURISDICTIONAL CHALLENGES.
Any party or intervener in any matter before any Federal court, including
the Supreme Court, may challenge the jurisdiction of the court under section
3 or 4 during any proceeding or appeal relating to that matter.
SEC. 6. MATERIAL BREACHES OF GOOD BEHAVIOR AND REMEDY.
A violation by a justice or a judge of any of the provisions of section 3
or 4 shall be an impeachable offense, and a material breach of good behavior
subject to removal by the President of the United States according to rules
and procedures established by the Congress.
SEC. 7. CASES DECIDED UNDER ISSUES REMOVED FROM FEDERAL JURISDICTION NO
LONGER BINDING PRECEDENT.
Any decision of a Federal court, to the extent that the decision relates to
an issue removed from Federal jurisdiction under section 3 or 4(2), is not
binding precedent on any State court.
END
