I 

111TH CONGRESS 

1ST SESSION H. R. 539 

To limit the jurisdiction of the Federal courts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 14, 2009 

Mr. PAUL (for himself, Mr. JONES, and Mr. POE of Texas) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘We the People Act’’. 

5 SEC. 2. FINDINGS. 

6 The Congress finds the following: 

7 (1) Article III, section 1 of the Constitution of 

8 the United States vests the judicial power of the 

9 United States in ‘‘one Supreme Court, and in such 

10 inferior Courts as Congress may from time to time 

11 ordain and establish’’. 


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1 (2) Article I, section 8 and article 3, section 1 

2 of the Constitution of the United States give Con3 gress the power to establish and limit the jurisdic4 tion of the lower Federal courts. 

5 (3) Article III, section 2 of the Constitution of 

6 the United States gives Congress the power to make 

7 ‘‘such exceptions, and under such regulations’’ as 

8 Congress finds necessary to Supreme Court jurisdic9 tion. 

10 (4) Congress has the authority to make excep11 tions to Supreme Court jurisdiction in the form of 

12 general rules and based upon policy and constitu13 tional reasons other than the outcomes of a par14 ticular line of cases. (See Federalist No. 81; United 

15 States v. Klein, 80 U.S. (13 Wall.) 128 (1872)). 

16 (5) Congress has constitutional authority to set 

17 broad limits on the jurisdiction of both the Supreme 

18 Court and the lower Federal courts in order to cor19 rect abuses of judicial power and continuing viola20 tions of the Constitution of the United States by 

21 Federal courts. 

22 (6) Article IV, section 4 of the Constitution of 

23 the United States guarantees each State a repub24 lican form of government. 


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1 (7) Supreme Court and lower Federal court de2 cisions striking down local laws on subjects such as 

3 religious liberty, sexual orientation, family relations, 

4 education, and abortion have wrested from State 

5 and local governments issues reserved to the States 

6 and the People by the Tenth Amendment to the 

7 Constitution of the United States. 

8 (8) The Supreme Court and lower Federal 

9 courts threaten the republican government of the in10 dividual States by replacing elected government with 

11 rule by unelected judges. 

12 (9) Even supporters of liberalized abortion laws 

13 have admitted that the Supreme Court’s decisions 

14 overturning the abortion laws of all 50 States are 

15 constitutionally flawed (e.g. Ely, ‘‘The Wages of 

16 Crying Wolf: A Comment on Roe v. Wade’’ 82 Yale 

17 L.J. 920 (1973)). 

18 (10) Several members of the Supreme Court 

19 have admitted that the Court’s Establishment 

20 Clause jurisdiction is indefensible (e.g. Zelamn v. 

21 Simmons-Harris, 536 U.S. 639, 688 (2002) (Souter, 

22 J., dissenting); Rosenberger v. Rector and Visitors 

23 of the Univ. of Va., 515 U.S. 819, 861 (1995) 

24 (Thomas, J., concurring); Lamb’s Chapel v. Center 

25 Moriches Union Free Sch. Dist., 508 U.S. 384, 399, 


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1 (1993) (Scalia, J., concurring); and Committee for 

2 Public Ed. And Religious Liberty v. Regan, 444 

3 U.S. 646, 671 (1980) (Stevens, J., dissenting)). 

4 (11) Congress has the responsibility to protect 

5 the republican governments of the States and has 

6 the power to limit the jurisdiction of the Supreme 

7 Court and the lower Federal courts over matters 

8 that are reserved to the States and to the People by 

9 the Tenth Amendment to the Constitution of the 

10 United States. 

11 SEC. 3. LIMITATION ON JURISDICTION. 

12 The Supreme Court of the United States and each 

13 Federal court— 

14 (1) shall not adjudicate— 

15 (A) any claim involving the laws, regula16 tions, or policies of any State or unit of local 

17 government relating to the free exercise or es18 tablishment of religion; 

19 (B) any claim based upon the right of pri20 vacy, including any such claim related to any 

21 issue of sexual practices, orientation, or repro22 duction; or 

23 (C) any claim based upon equal protection 

24 of the laws to the extent such claim is based 


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1 upon the right to marry without regard to sex 

2 or sexual orientation; and 

3 (2) shall not rely on any judicial decision involv4 ing any issue referred to in paragraph (1). 

5 SEC. 4. REGULATION OF APPELLATE JURISDICTION. 

6 The Supreme Court of the United States and all 

7 other Federal courts— 

8 (1) are not prevented from determining the con9 stitutionality of any Federal statute or administra10 tive rule or procedure in considering any case arising 

11 under the Constitution of the United States; and 

12 (2) shall not issue any order, final judgment, or 

13 other ruling that appropriates or expends money, 

14 imposes taxes, or otherwise interferes with the legis15 lative functions or administrative discretion of the 

16 several States and their subdivisions. 

17 SEC. 5. JURISDICTIONAL CHALLENGES. 

18 Any party or intervener in any matter before any 

19 Federal court, including the Supreme Court, may chal20 lenge the jurisdiction of the court under section 3 or 4 

21 during any proceeding or appeal relating to that matter. 

22 SEC. 6. MATERIAL BREACHES OF GOOD BEHAVIOR AND 

23 REMEDY. 

24 A violation by a justice or a judge of any of the provi25 sions of section 3 or 4 shall be an impeachable offense, 


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1 and a material breach of good behavior subject to removal 

2 by the President of the United States according to rules 

3 and procedures established by the Congress. 

4 SEC. 7. CASES DECIDED UNDER ISSUES REMOVED FROM 

5 FEDERAL JURISDICTION NO LONGER BIND6 ING PRECEDENT. 

7 Any decision of a Federal court, to the extent that 

8 the decision relates to an issue removed from Federal ju9 risdiction under section 3, is not binding precedent on any 

10 State court. 

Æ 


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