II 

109TH CONGRESS 

1ST SESSION S. 520 

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

federalism. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2005 

Mr. SHELBY (for himself, Mr. BROWNBACK, and Mr. BURR) 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 2005’’. 

6 TITLE I—JURISDICTION 

7 SEC. 101. APPELLATE JURISDICTION. 

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

9 28, United States Code, is amended by adding at the end 

10 the following: 
2 

•S 520 IS

1 ‘‘§ 1260. Matters not reviewable 

2 ‘‘Notwithstanding any other provision of this chapter, 

3 the Supreme Court shall not have jurisdiction to review, 

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

5 the extent that relief is sought against an entity of Fed6 eral, State, or local government, or against an officer or 

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

8 not acting in official or personal capacity), concerning that 

9 entity’s, officer’s, or agent’s acknowledgment of God as 

10 the sovereign source of law, liberty, or government.’’. 

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

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

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

‘‘1260. Matters not reviewable.’’. 

14 SEC. 102. LIMITATIONS ON JURISDICTION. 

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

16 28, United States Code, is amended by adding at the end 

17 of the following: 

18 ‘‘§ 1370. Matters that the Supreme Court lacks juris19 diction to review 

20 ‘‘Notwithstanding any other provision of law, the dis21 trict courts shall not have jurisdiction of a matter if the 

22 Supreme Court does not have jurisdiction to review that 

23 matter by reason of section 1260 of this title.’’. 
3 

•S 520 IS

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

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

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

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

4 TITLE II—INTERPRETATION 

5 SEC. 201. INTERPRETATION OF THE CONSTITUTION. 

6 In interpreting and applying the Constitution of the 

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

8 upon any constitution, law, administrative rule, Executive 

9 order, directive, policy, judicial decision, or any other ac10 tion of any foreign state or international organization or 

11 agency, other than English constitutional and common law 

12 up to the time of the adoption of the Constitution of the 

13 United States. 

14 TITLE III—ENFORCEMENT 

15 SEC. 301. EXTRAJURISDICTIONAL CASES NOT BINDING ON 

16 STATES. 

17 Any decision of a Federal court which has been made 

18 prior to, on, or after the effective date of this Act, to the 

19 extent that the decision relates to an issue removed from 

20 Federal jurisdiction under section 1260 or 1370 of title 

21 28, United States Code, as added by this Act, is not bind22 ing precedent on any State court. 
4 

•S 520 IS

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

2 JUDGES FOR CERTAIN 

3 EXTRAJURISDICTIONAL ACTIVITIES. 

4 To the extent that a justice of the Supreme Court 

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

6 engages in any activity that exceeds the jurisdiction of the 

7 court of that justice or judge, as the case may be, by rea8 son of section 1260 or 1370 of title 28, United States 

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

10 be deemed to constitute the commission of— 

11 (1) an offense for which the judge may be re12 moved upon impeachment and conviction; and 

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

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

Æ