Monday, April 04, 2005

A Bill to Limit the Jurisdiction of Federal Courts in Certain Cases and Promote Federalism

And what is this weird thing? It's sponsored by Senator Richard C. Shelby of Alabama and co-sponsored, among others, by Senator Trent Lott of Mississippi, and it says:

Constitution Restoration Act of 2005 - Amends the Federal judicial code to prohibit the U.S. Supreme Court and the Federal district courts from exercising jurisdiction over any matter in which relief is sought against an entity of Federal, State, or local government or an officer or agent of such government concerning that entity's, officer's, or agent's acknowledgment of God as the sovereign source of law, liberty, or government.

Prohibits a court of the United States from relying upon any law, policy, or other action of a foreign state or international organization in interpreting and applying the Constitution, other than English constitutional and common law up to the time of adoption of the U.S. Constitution.

Provides that any Federal court decision relating to an issue removed from Federal jurisdiction by this Act is not binding precedent on State courts.

Provides that any Supreme Court justice or Federal court judge who exceeds the jurisdictional limitations of this Act shall be deemed to have committed an offense for which the justice or judge may be removed, and to have violated the standard of good behavior required of Article III judges by the Constitution.

Let me assure you that this act will not pass. There are insufficient wingnuts still for that sort of thing to happen. But note that the act would both make it illegal to learn anything from any other country's legal systems and, much, much more importantly, it would make the United States into a theocracy! Any decision of a lower court that is argued to be based on the Bible could not be appealed, by anyone. Reminds me of the shariah law.

If the "Constitution Restoration Act" (what a cynical title!) doesn't have any chance of passing, why I am writing about it? Because it is crucial to see what the wingnuts intend in the long-run, and to remember that each little step they take is on purpose. The proposed act reflects the United States they wish to build after the destruction of the current one is complete. Never forget that, never fall for the easy view that they are just a small vociferous minority which will go away if ignored or appeased. They will do neither of these, and this vociferous minority is in power, right now.

The proposed act is most likely unconstitutional because it violates the separation of state and church. Also, it denies the right of appeal in certain cases and it gives preferential treatment to those groups who believe in a personal god over those who do not (Buddhists and atheists, say). It will not pass, as I mentioned above, but the reason it is introduced is to please the religious wingnuts.

Meat-to-the-tigers sort of thing. The corporate Republicans do this all the time to the religious faction, thinking that it can be controlled by such feedings. But the tigers have long since escaped from their cages and are right now running the zoo.
Via this dailykos diary.