II 

108TH CONGRESS 

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.

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 the ‘‘Constitution Restora5 tion Act of 2004’’. 

6 TITLE I—JURISDICTION 

7 SEC. 101. APPELLATE JURISDICTION. 

8 (a) IN GENERAL.—
2

•S 2082 IS 

1 (1) AMENDMENT TO TITLE 28.—Chapter 81 of 

2 title 28, United States Code, is amended by adding 

3 at the end the following: 

4 ‘‘§ 1260. Matters not reviewable 

5 ‘‘Notwithstanding any other provision of this chapter, 

6 the Supreme Court shall not have jurisdiction to review, 

7 by appeal, writ of certiorari, or otherwise, any matter to 

8 the extent that relief is sought against an element of Fed9 eral, State, or local government, or against an officer of 

10 Federal, State, or local government (whether or not acting 

11 in official personal capacity), by reason of that element’s 

12 or officer’s acknowledgement of God as the sovereign 

13 source of law, liberty, or government.’’. 

14 (2) TABLE OF SECTIONS.—The table of sections 

15 at the beginning of chapter 81 of title 28, United 

16 States Code, is amended by adding at the end the 

17 following:

‘‘1260. Matters not reviewable.’’.

18 (b) APPLICABILITY.—Section 1260 of title 28, United 

19 States Code, as added by subsection (a), shall not apply 

20 to an action pending on the date of enactment of this Act, 

21 except to the extent that a party or claim is sought to 

22 be included in that action after the date of enactment of 

23 this Act. 

24 SEC. 102. LIMITATIONS ON JURISDICTION. 

25 (a) IN GENERAL.—
3

•S 2082 IS 

1 (1) AMENDMENT TO TITLE 28.—Chapter 85 of 

2 title 28, United States Code, is amended by adding 

3 at the end of the following: 

4 ‘‘§ 1370. Matters that the Supreme Court lacks juris5 diction to review 

6 ‘‘Notwithstanding any other provision of law, the dis7 trict court shall not have jurisdiction of a matter if the 

8 Supreme Court does not have jurisdiction to review that 

9 matter by reason of section 1260 of this title.’’. 

10 (2) TABLE OF SECTIONS.—The table of sections at 

11 the beginning of chapter 85 of title 28, United States 

12 Code, is amended by adding at the end the following:

‘‘1370. Matters that the Supreme Court lacks jurisdiction to review.’’.

13 (b) APPLICABILITY.—Section 1370 of title 28, United 

14 States Code, as added by subsection (a), shall not apply 

15 to an action pending on the date of enactment of this Act, 

16 except to the extent that a party or claim is sought to 

17 be included in that action after the date of enactment of 

18 this Act. 

19 TITLE II—INTERPRETATION 

20 SEC. 201. INTERPRETATION OF THE CONSTITUTION. 

21 In interpreting and applying the Constitution of the 

22 United States, a court of the United States may not rely 

23 upon any constitution, law, administrative rule, Executive 

24 order, directive, policy, judicial decision, or any other ac25 tion of any foreign state or international organization or 
4

•S 2082 IS 

1 agency, other than English constitutional and common 

2 law. 

3 TITLE III—ENFORCEMENT 

4 SEC. 301. EXTRAJURISDICTIONAL CASES NOT BINDING ON 

5 STATES. 

6 Any decision of a Federal court which has been made 

7 prior to or after the effective date of this Act, to the extent 

8 that the decision relates to an issue removed from Federal 

9 jurisdiction under section 1260 or 1370 of title 28, United 

10 States Code, as added by this Act, is not binding prece11 dent on any State court. 

12 SEC. 302. IMPEACHMENT, CONVICTION, AND REMOVAL OF 

13 JUDGES FOR CERTAIN EXTRAJURISDIC14 TIONAL ACTIVITIES. 

15 To the extent that a justice of the Supreme Court 

16 of the United States or any judge of any Federal court 

17 engages in any activity that exceeds the jurisdiction of the 

18 court of that justice or judge, as the case may be, by rea19 son of section 1260 or 1370 of title 28, United States 

20 Code, as added by this Act, engaging in that activity shall 

21 be deemed to constitute the commission of—

22 (1) an offense for which the judge may be re23 moved upon impeachment and conviction; and 
5

•S 2082 IS 

1 (2) a breach of the standard of good behavior 

2 required by article III, section 1 of the Constitution.

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