United States [Washington, D.C.; Gales and Season, 
1834,] Vol. I, p. 451, James Madison, June 8, 
1789.) 
(17) The true intent of the First Amendment is 
reflected by the proposals submitted by Fisher 
Ames, George Mason and James Madison and the 
wording finally adopted. 
(18) Justice Joseph Story, considered the Fa-
ther of American Jurisprudence, stated in his Com-
mentaries on the Constitution: ‘‘The real object of 
the [First A]mendment was not to countenance, 
much less to advance Mohometanism [sp], or Juda-
ism, or infidelity by prostrating Christianity; but to 
exclude all rivalry among Christian sects and to pre-
vent any national ecclesiastical establishment which 
should give to a hierarchy [a denominational council] 
the exclusive patronage of the national government. 
(Joseph Story, Commentaries on the Constitution of 
the United States [Boston; Hilliard, Gray and Com-
pany, 1833], p. 728, par. 1871.) 
(19) Proof that the intent of the framers of the 
First Amendment did not intend for the Federal 
Government to restrict the exercise of free speech in 
religious matters in civic dialog is found in various 
statements by George Washington, who was Presi-
dent when the Congress adopted the First Amend-
ment. The following is found in his ‘‘Farewell Ad-
dress’’: ‘‘ . . . of all the dispositions and habits 
which lead to political prosperity, religion and moral-
ity are indispensable supports. In vain would that 
man claim the tribute of patriotism who should labor 
to subvert these great pillars of human happiness.’’ 
(George Washington, Address of George Wash-
ington, 
President 
of 
the 
United 
States. . . . Preparatory to his Declination [Balti-
more: George and Henry S. Keatinge, 1796], pp. 
22–23. 
(20) James Wilson was a very active member of 
the Convention and was later appointed by President 
George Washington as an original Justice on the 
United States Supreme Court where he coauthored 
America’s first legal text on the Constitution. Wilson 
never mentioned a ‘‘separation of church and state’’. 
To the contrary, he declared the correlation between 
religion and civil laws: Far from being rivals or en-
emies, religion and law are twin sisters, friends, and 
mutual assistants. (James Wilson, The Works of 
James Wilson, Bird Wilson, editor. Philadelphia; 
Bronson and Chauncey, 1804. Vol. I, pp. 104–106.)
(21) It was Fisher Ames of Massachusetts who 
provided, on the 20th of August, 1789, the final 
wording for the First Amendment as passed by the 
House of Representatives. Fisher Ames, who should 
be considered the foremost authority on the intent of 
the First Amendment, never spoke of a separation 
of church and state. (Fisher Ames, Works of Fisher 
Ames, Boston; T.B. Wait & Co. 1809, p. 134, 135.) 
(22) Because the Court does not seem to be 
disposed to correct this egregious error, it is incum-
bent upon the Congress of the United States to per-
form its duty to support and defend the Constitution 
of the United States, by the use of its authority to 
apply checks and balances to other branches of the 
government, when usurpations and the exercise of 
excesses of power are evident. The Congress must, 
then, take the appropriate steps to correct egregious 
problem. 
SEC. 3. REMOVAL OF RELIGIOUS FREEDOM-RELATED 
CASES FROM FEDERAL DISTRICT COURT JU-
RISDICTION. 
(a) IN GENERAL.—Chapter 85 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1369. Exclusion of jurisdiction over religious free-
dom-related cases 
‘‘(a) IN GENERAL.—The district courts of the United 
States, the District Court of Guam, the District Court of 
the Virgin Islands, and the District Court for the North-
ern Mariana Islands shall not have jurisdiction to hear or 
determine any religious freedom-related case. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘religious freedom-related case’ means any action in 
which any requirement, prohibition, or other provision re-
lating to religious freedom that is contained in a State 
or Federal statute is at issue.’’. 
(b) CLERICAL AMENDMENT.—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 new 
item:
‘‘1369. Exclusion of jurisdiction over religious freedom-related cases.’’.
SEC. 4. REMOVAL OF RELIGIOUS FREEDOM-RELATED 
CASES FROM FEDERAL CLAIMS COURT JU-
RISDICTION. 
(a) IN GENERAL.—Chapter 91 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1510. Removal of jurisdiction over religious free-
dom-related cases 
‘‘(a) IN GENERAL.—The United States Court of Fed-
eral Claims shall not have jurisdiction to hear or deter-
mine any religious freedom-related case. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘religious freedom-related case’ means any action in 
which any requirement, prohibition, or other provision re-
lating to religious freedom that is contained in a State 
or Federal statute is at issue.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 91 of title 28, United States 
Code, is amended by adding at the end the following new 
item:
‘‘1510. Removal of jurisdiction over religious freedom-related cases.’’.
SEC. 5. EFFECTIVE DATE. 
The amendments made by this Act shall apply to 
cases filed on or after the date of the enactment of this 
Act.
Æ