Bulletin #26 - The Constitution Restoration Act Of 2004 02/26/2004

 

Did you know: On Feb 11 2004, a bill was introduced in both chambers of Congress to "limit the jurisdiction of Federal courts in certain cases and promote federalism."

 

The House version is H.R. 3799, and the Senate version is S. 2082. The bill is titled, "The Constitution Restoration Act of 2004". The complete text can be viewed at http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.3799: . The Initial sponsors of the bill include Rep. Robert Aderholt (AL), Rep. Michael Pence (IN), Sen. Richard Shelby (AL), Sen. Zell Miller (GA), Sen. Sam Brownback (KS), and Sen. Lindsey Graham (SC). The bill is currently under consideration in the House Judiciary committee as well as the Senate Judiciary committee. Even though the introduction of this bill received little to no media attention, it is arguably the most important legislation in the last fifty years. It deals with judiciary jurisdiction, interpretation and removal.

 

Proponents of this legislation are saying that enough is enough with the "runaway" federal judges who are leaning on ideas based on socialism, and globalism. There are many judges who are promoting their own agendas by improperly and unconstitutionally legislating from the bench. Those same judges, in ruling on a case before them, often ARE NOT interpreting the United States Constitution, but rather they are basing their opinions on the laws enacted in foreign lands by foreign governmental organizations such as European law and the United Nations (UNESCO). This proposed bill is an attempt to rein in those federal judges who are not upholding their oath to the U.S. Constitution, and who are not doing their job as was intended by the founders. The bill does this by doing exactly what is prescribed in Article III, Section 2, of the U.S. Constitution. In this section Congress has the power and authority to regulate appellate jurisdiction of the federal judiciary, including the U.S. Supreme Court. This is a check on the Judicial Branch to prevent it from exceeding its jurisdiction.

 

Many feel that the judicial branch has overstepped its authority by mandating legislation, as opposed to interpreting the constitutionality of legislation, and by ignoring the will of the people. This has become evident in cases regarding the display of the Ten Commandments in an Alabama Courthouse, which was acceptable under the Alabama Constitution and by it's voters, as well as recent cases regarding same sex marriage.

 

This bill would limit the jurisdiction of the federal courts regarding issues of expression of religious faith by any elected local, state, or federal official. With this legislation, federal judges could not prevent the Ten Commandments from being displayed in public buildings or religious displays appearing on local town property, or the phrase "under God" from being recited in the Pledge of Allegiance, or put on our coinage. Additionally, Section 302 of this bill deals with impeachment, conviction and removal of judges that do not perform their duties.

 

Why is this bill important to homeschoolers? Someday, it may come to pass that a federal circuit court may have to interpret the definition of homeschooling - a term which currently exists in at least eleven places in federal law, and in nine more places in currently proposed federal bills. It would seem that by limiting the federal judiciary to interpreting our laws based on our own constitution rather than that of foreign rule of law, we can avoid having

some "way-out" ruling based on UN resolutions, UNESCO policies and goals, or something similar.

 

If this bill seeks to promote federalism, and in fact restore the constitution, then it would also seem very appropriate to add to this legislation something that will strengthen protection of the constitution regarding the Tenth Amendment and states' rights. Congress and the judiciary should leave education matters up to the states and remove the federal government from the business of education.

 

Attorney Deborah Stevenson - Executive Director of National Home Education Legal Defense.

www.nheld.com or email : info@nheld.com

Judy Aron - Director of Research, NHELD imjfaron@sbcglobal.net