|
JOINT
RESOLUTION
LIMITING
APPELLATE REVIEW BY THE FEDERAL COURTS ON SPECIFIC ISSUES
WHEREAS: Decisions by the Supreme Court
become binding precedent on lower courts.
WHEREAS: In
recent years a number of Supreme Court Decisions have upheld
lower court decisions which violate the limits and restrictions
contained in the Constitution of the United States.
WHEREAS:
Article 3, Section 2 of the Constitution of the United States
provides the Congress of the United States the ability, power,
and also the responsibility, to limit the Appellate
Jurisdiction of the Federal Courts on issues where the Federal
Courts are abusing the power of the Judiciary.
ISSUE
1.
WHEREAS: The Fifth Amendment to the Constitution
provides that no person shall be deprived of life without due
process.
WHEREAS: There is no due process involved with
an abortion.
RESOLVED: The Federal Judiciary shall no
longer have appellate review authority on cases involving
abortion. From this date forward, the issue of abortion shall
be subject to the laws of the various states and decisions, of
the Supreme Court of the various states, shall be final for
each state. The courts of the various states shall be free to
free to ignore any Federal cases when looking for a legal
precedent on the issue of abortion.
ISSUE
2.
WHEREAS: The First Amendment to the Constitution
provides: Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise
thereof....
WHEREAS: Numerous Federal Court cases have
been imposing the religion of secular humanism on the people of
the United States in violation of the U.S
Constitution.
WHEREAS: Federal Court cases have been
consistently ignoring the prohibition against restricting the
free exercise of religion.
RESOLVED:The
Federal Judiciary shall no longer have appellate review
authority on cases involving the public display of religious
symbols such as the 10 Commandments, prayer in school or at
public ceremonies, nativity scenes on public property, or the
public affirmation of the existence of god. This prohibition
includes the public affirmation of any religious affiliation
and invocation of any religious symbol, or the name of any
historical religious person, such as Jesus. This resolution
shall not limit appellate authority over cases appealing the
denial of religious speech, or the denial of the free exercise
of religion. From this date forward, any issue regarding the
public display of religious symbols or religious affiliation, and the
public affirmation of the existence of god, and the use of
prayer at public events shall be subject to the laws of the
various states. Decisions, of the Supreme Courts of the various
states, shall be final as to that state, unless the state is
prohibiting the free exercise of religion, or trying to impose a
state religion by mandating that individuals, businesses, or other institutions
comply with practices, which conflict with their religious beliefs.
The courts of the various states shall be free to ignore any Federal
cases which deny the free exercise of religion, or free expression of religion, when looking for a
legal precedent on the issues in this resolution.
ISSUE
3.
WHEREAS: There is no mention of pornography in the
U.S. Constitution.
WHEREAS: The standards as to what
constitute decent and acceptable content for public
dissemination of published material vary between the various
states.
WHEREAS: The Tenth Amendment to the Constitution
provides; The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.
RESOLVED:
The Federal Judiciary shall no longer have appellate review
authority on decisions of the courts of the various states
involving pornography. From this date forward, the issue of
pornography shall be subject to the laws of the various states,
and decisions, of the Supreme Court of the various states,
shall be final. The courts of the various states shall be free
to free to ignore any Federal cases when looking for a legal
precedent on the issue of pornography.
WHEREAS: This
resolution is allowed by Article 3, Section 2 of the
Constitution of the United States which empowers the the
Federal Courts with Appellate Jurisdiction, both as to Law and
Fact, with such Exceptions, and under such Regulations as the
Congress shall make.
WHEREAS: This ability to provide
for exceptions to the Appellate Jurisdiction of the Federal
Courts is specifically allowed to Congress by the U.S.
Constitution.
WHEREAS: Article 2, Section. 4. of the
U.S. Constitution provides; The President, Vice President and
all civil Officers of the United States, shall be removed from
Office on Impeachment for, and Conviction of, Treason, Bribery,
or other high Crimes and Misdemeanors.
RESOLVED: The Federal Judiciary must immediately dismiss any case currently pending, for consideration of these issues, because the Federal Courts no longer have jurisdiction.
RESOLVED: Any act to obstruct, evade or circumvent the provisions of this
resolution by any official of the United States, including
Federal Judges, shall be a high crime and such individual shall
be subject to impeachment.
EXPLANATION OF ITEMS IN
THE LANGUAGE OF THIS DRAFT RESOLUTION.
This resolution
provides that the State Courts do not have to consider any
Federal Court cases as precedent. This provision was put in
this resolution to apply the same standard the Federal Courts
use, when they deem a law passed by congress, to be in
violation of the Constitution. A law which violates the
constitution is deemed as being void. This standard was first
applied in the case of Marbury v. Madison where Chief Justice
John Marshall's opinion held that a law which violated the
Constitution is void.
Marbury v. Madison was concluded
with this excerpt.
It is also not entirely unworthy of
observation, that in declaring what shall be the supreme law of
the land, the constitution itself is first mentioned; and not
the laws of the United States generally, but those only which
shall be made in pursuance of the constitution, have that rank.
Thus, the particular phraseology of the
constitution of the United States confirms and strengthens the
principle, supposed to be essential to all written
constitutions, that a law repugnant to the constitution is
void, and that courts, as well as other departments, are bound
by that instrument.
Because the issues, listed in this
resolution, have been areas where the Supreme Court has upheld
a lower court's decision, which violated the U.S. Constitution.
The decisions should be voided and not provide a precedent for
the various states to follow. Once Congress determines that a
court decision violates the U.S. Constitution the court
decision and related decisions will not have value as a
precedent, because in the words of Chief Justice Marshall “
a law repugnant to the constitution is void”. This would
include any Judge made law which Congress has determined to be
in violation of the Constitution.
As a practical matter, this means that this
action will only be effective in cases, such as those listed
above, where the Federal Courts have violated the Constitution.
Stripping the Federal Courts of Appellate Jurisdiction would
not remove prior court decisions as precedent, in cases where
the decisions did not violate the Constitution.
This resolution is similar to a Joint Resolution
to amend the Constitution in that it will not require a
Presidential signature, but different in that it only requires
approval of a majority of both houses of Congress, and not
approval of 2/3 of the members of each house.
The
citizens of this country need to elect members of the
Constitution Party to congress so that this resolution will be
entered into the legislative process. Once this resolution is
entered into the legislative process, the citizens and voters
of this country can apply the blowtorch of public opinion to
the posterior of their Congressmen and Senators to get the
provision enacted. Past inaction, by both the Democrats and the
Republicans, indicates that neither party will take any action
and the moral decay in this country will continue to
accelerate.
|
