There is currently a bill which has been submitted to Congress and the Senate that is threatening to turn America into a theocracy. If passed, The
Constitution Restoration Act,
would stop the Supreme Court, from reviewing any legal action brought against any government representative "by
reason of the element's or officer's acknowledgement of God as the sovereign source of law, liberty or government" under threat of impeachment,
"Supporters of the bill cite Article III, Section 2 of the U.S. Constitution, which authorizes Congress to limit the jurisdiction of the U.S.
Supreme Court and other federal courts.
Touted by some supporters as one of the most important pieces of legislation in U.S. history, the bill states:
The Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any matter to the extent that relief is sought
against an element of Federal, State, or local government, or against an officer of Federal, State, or local government (whether or not acting in
official personal capacity), by reason of that element's or officer's acknowledgement of God as the sovereign source of law, liberty, or
The bill will also retroactively nullify,
"Any decision of a Federal court which has been made prior to or after the effective date of this Act, to the extent that the decision relates to an
issue removed from Federal jurisdiction...as added by this Act, is not binding precedent on any State court."
The church-state arguments are clear but there's another threat which I think needs to be recognized also. The section of the bill that ought to
make everyone, even the Religious Right, take notice, is found in sec.201.
It limits the sources which courts may reference when interpreting and applying the Constitution of the United States. At first glance it may look
like a good idea since it says judges cannot base their decisions on anything but the constitution and common law. Then read the last line,
"...a court of the United States may not rely upon any constitution, law, administrative rule, Executive order, directive, policy, judicial decision,
or any other action of any foreign state or international organization or agency, other than English constitutional and common law.
Isn't England a foreign state? For some reason I have been under the impression that the US gained it's independence after the Revolutionary War.
Does anyone else find this disturbing?
Full Text of HR 3799 IH
a foreign view:
an opposing view:
an advocate's view:
[Edited on 1-4-2004 by Banshee]