II 

108TH CONGRESS 

2D SESSION S. 2323 

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

federalism. 

IN THE SENATE OF THE UNITED STATES 

APRIL 20, 2004 

Mr. SHELBY (for himself, Mr. MILLER, Mr. BROWNBACK, Mr. GRAHAM of 

South Carolina, Mr. ALLARD, Mr. INHOFE, and Mr. LOTT) 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’’. 
2 

•S 2323 IS 

1 TITLE I—JURISDICTION 

2 SEC. 101. APPELLATE JURISDICTION. 

3 (a) AMENDMENT TO TITLE 28.—Chapter 81 of title 

4 28, United States Code, is amended by adding at the end 

5 the following: 

6 ‘‘§ 1260. Matters not reviewable 

7 ‘‘Notwithstanding any other provision of this chapter, 

8 the Supreme Court shall not have jurisdiction to review, 

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

10 the extent that relief is sought against an entity of Fed11 eral, State, or local government, or against an officer or 

12 agent of Federal, State, or local government (whether or 

13 not acting in official or personal capacity), by reason of 

14 that entity’s, officer’s, or agent’s acknowledgement of God 

15 as the sovereign source of law, liberty, or government.’’. 

16 (b) TABLE OF SECTIONS.—The table of sections at 

17 the beginning of chapter 81 of title 28, United States 

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

‘‘1260. Matters not reviewable.’’. 

19 SEC. 102. LIMITATIONS ON JURISDICTION. 

20 (a) AMENDMENT TO TITLE 28.—Chapter 85 of title 

21 28, United States Code, is amended by adding at the end 

22 of the following: 
3 

•S 2323 IS 

1 ‘‘§ 1370. Matters that the Supreme Court lacks juris2 diction to review 

3 ‘‘Notwithstanding any other provision of law, the dis4 trict court shall not have jurisdiction of a matter if the 

5 Supreme Court does not have jurisdiction to review that 

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

7 (b) TABLE OF SECTIONS.—The table of sections at 

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

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

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

10 TITLE II—INTERPRETATION 

11 SEC. 201. INTERPRETATION OF THE CONSTITUTION. 

12 In interpreting and applying the Constitution of the 

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

14 upon any constitution, law, administrative rule, Executive 

15 order, directive, policy, judicial decision, or any other ac16 tion of any foreign state or international organization or 

17 agency, other than English constitutional and common 

18 law. 

19 TITLE III—ENFORCEMENT 

20 SEC. 301. EXTRAJURISDICTIONAL CASES NOT BINDING ON 

21 STATES. 

22 Any decision of a Federal court which has been made 

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

24 that the decision relates to an issue removed from Federal 

25 jurisdiction under section 1260 or 1370 of title 28, United 
4 

•S 2323 IS 

1 States Code, as added by this Act, is not binding prece2 dent on any State court. 

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

4 JUDGES FOR CERTAIN 

5 EXTRAJURISDICTIONAL ACTIVITIES. 

6 To the extent that a justice of the Supreme Court 

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

8 engages in any activity that exceeds the jurisdiction of the 

9 court of that justice or judge, as the case may be, by rea10 son of section 1260 or 1370 of title 28, United States 

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

12 be deemed to constitute the commission of— 

13 (1) an offense for which the judge may be re14 moved upon impeachment and conviction; and 

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

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

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