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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:
There is no mention of marriage in the U.S.
Constitution.
WHEREAS: Marriage has traditionally and
historically been regulated and defined by the various
states.
WHEREAS: Numerous states have defined marriage as
a union between one man and one woman by statute or by a
constitutional amendment adopted by by public
referendum.
WHEREAS: Federal Judges have ruled such state
laws and constitutional provisions violate the U.S. Constitution
and have shown a complete disregard to the actual provisions in
the U.S. Constitution.
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 cases involving marriage,
civil unions, or any other arrangement having the effect of
marriage. From this date forward, the issue of marriage shall be
subject to the laws of the various states. Decisions, of the
Supreme Courts 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
marriage.
ISSUE 3.
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 of any
religious symbol, or the name of any historical religious person,
such as Jesus. From this date forward, any issue regarding the
public display of religious symbols or affiliation, and the
public affirmation off 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. The courts of the
various states shall be free to free to ignore any Federal cases
when looking for a legal precedent on the issues in this
resolution.
ISSUE 4.
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.
ISSUE
5.
WHEREAS: A public referendum that amends a state
constitution, or overrides a governor's veto with a petition
providing sufficient signatures to put a statute passed by the
state's legislature into effect, is a binding expression of the
will of the people.
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 cases where a state
constitution was amended by public vote, unless the court can
show a violation of a provision which is expressly stated in the
language of the constitution.
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: 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 the 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.
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