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Back March 30th, 2004 Forward
dogemperor [userpic]
Details about the "Judge Moore" bill


It's getting very scary, folks. I've been following this bill (which is referred to in past posts on this subject) and its implications for a while now, and if it passes, it could actually destroy the Constitution of the US.

Roy Moore-inspired bill limits federal courts

Some quotes:

A bill pending in both houses of Congress, the "Constitution
Restoration Act," would prohibit federal courts from ruling in cases
involving government officials who acknowledge God "as the sovereign
source of law, liberty or government."


The House version, H.R. 3799, and Senate version, S. 2083, are
identical companion bills. Touted by some supporters as one of the
most important pieces of legislation in U.S. history, the bill

"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 government."

The legislation also addresses what many high-court watchers consider
a dangerous trend: Supreme Court justices looking to foreign law and
rulings for guidance when deciding cases. States the bill:

"In interpreting and applying the Constitution of the United States,
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 the constitutional law and English
common law."

Under the bill, any judge who violates the proposed rule by
making "extrajurisdictional" decisions will have committed an offense
that is grounds for impeachment.


Columnist James Heflin shudders at the thought of such a bill
becoming law.

Wrote Heflin last week: "If [the bill's] backers get their way,
Americans will no longer receive the same protections that Washington
has carefully insisted that Iraqis have. … The restricting of Supreme
Court jurisdiction is a strange maneuver, but one which the hazy
language of the relevant part of the Constitution may allow. The act
would disallow the Supreme Court from referencing any source other
than the Constitution or English common law in its decisions. It
would retroactively exempt from Supreme Court jurisdiction cases such
as Roy Moore's. A judge who attempted to rule in such cases could be
impeached. It is unclear exactly what actions a public servant could
get away with under the banner of invoking God as the source of law.

"If the act passes, Iraqis would have stronger protection from
religious extremism than Americans. It's a change with dramatic
consequences, and our political landscape under Bush is ever more
receptive to such ideas. Roy Moore and his fundamentalist brothers
and sisters have far more in mind."

I'd like to hope that perhaps the attention this bill will get will somehow keep it from being passed. Because if it does pass, it will be a very bad day for the United States.


Back March 30th, 2004 Forward