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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2082 Introduced in Senate (IS)]

  2d Session
                                S. 2082

   To limit the jurisdiction of Federal courts in certain cases and 
                          promote federalism.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2004

Mr. Shelby (for himself, Mr. Miller, Mr. Brownback, Mr. Graham of South 
 Carolina, Mr. Inhofe, and Mr. Allard) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To limit the jurisdiction of Federal courts in certain cases and 
                          promote federalism.

    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 ``Constitution Restoration Act of 
2004''.

                         TITLE I--JURISDICTION

SEC. 101. APPELLATE JURISDICTION.

    (a) In General.--
            (1) Amendment to title 28.--Chapter 81 of title 28, United 
        States Code, is amended by adding at the end the following:
``Sec. 1260. Matters not reviewable
    ``Notwithstanding any other provision of this chapter, the Supreme 
Court shall not have jurisdiction to review, by appeal, writ of 
certiorari, or otherwise, any matter to the extent that relief is 
sought against an element of Federal, State, or local government, or 
against an officer of Federal, State, or local government (whether or 
not acting in official personal capacity), by reason of that element's 
or officer's acknowledgement of God as the sovereign source of law, 
liberty, or government.''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 81 of title 28, United States Code, is 
        amended by adding at the end the following:

``1260. Matters not reviewable.''.
    (b) Applicability.--Section 1260 of title 28, United States Code, 
as added by subsection (a), shall not apply to an action pending on the 
date of enactment of this Act, except to the extent that a party or 
claim is sought to be included in that action after the date of 
enactment of this Act.

SEC. 102. LIMITATIONS ON JURISDICTION.

    (a) In General.--
            (1) Amendment to title 28.--Chapter 85 of title 28, United 
        States Code, is amended by adding at the end of the following:
``Sec. 1370. Matters that the Supreme Court lacks jurisdiction to 
              review
    ``Notwithstanding any other provision of law, the district court 
shall not have jurisdiction of a matter if the Supreme Court does not 
have jurisdiction to review that matter by reason of section 1260 of 
this title.''.
    (2) Table of sections.--The table of sections at the beginning of 
chapter 85 of title 28, United States Code, is amended by adding at the 
end the following:

``1370. Matters that the Supreme Court lacks jurisdiction to review.''.
    (b) Applicability.--Section 1370 of title 28, United States Code, 
as added by subsection (a), shall not apply to an action pending on the 
date of enactment of this Act, except to the extent that a party or 
claim is sought to be included in that action after the date of 
enactment of this Act.

                        TITLE II--INTERPRETATION

SEC. 201. INTERPRETATION OF THE CONSTITUTION.

    In interpreting and applying the Constitution of the United States, 
a court of the United States may not rely upon any constitution, law, 
administrative rule, Executive order, directive, policy, judicial 
decision, or any other action of any foreign state or international 
organization or agency, other than English constitutional and common 
law.

                         TITLE III--ENFORCEMENT

SEC. 301. EXTRAJURISDICTIONAL CASES NOT BINDING ON STATES.

    Any decision of a Federal court which has been made prior to or 
after the effective date of this Act, to the extent that the decision 
relates to an issue removed from Federal jurisdiction under section 
1260 or 1370 of title 28, United States Code, as added by this Act, is 
not binding precedent on any State court.

SEC. 302. IMPEACHMENT, CONVICTION, AND REMOVAL OF JUDGES FOR CERTAIN 
              EXTRAJURISDICTIONAL ACTIVITIES.

    To the extent that a justice of the Supreme Court of the United 
States or any judge of any Federal court engages in any activity that 
exceeds the jurisdiction of the court of that justice or judge, as the 
case may be, by reason of section 1260 or 1370 of title 28, United 
States Code, as added by this Act, engaging in that activity shall be 
deemed to constitute the commission of--
            (1) an offense for which the judge may be removed upon 
        impeachment and conviction; and
            (2) a breach of the standard of good behavior required by 
        article III, section 1 of the Constitution.
                                 <all>
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