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Posted by on Apr 5, 2005 in At TMV | 0 comments

The “Constitution Restoration Act of 2005”

Via the CommonSenseDesk and Shakespeare’s Sister comes news of this interesting bill before Congress:

Constitution Restoration Act of 2005 – Amends the Federal judicial code to prohibit the U.S. Supreme Court and the Federal district courts from exercising jurisdiction over any matter in which relief is sought against an entity of Federal, State, or local government or an officer or agent of such government concerning that entity’s, officer’s, or agent’s acknowledgment of God as the sovereign source of law, liberty, or government.

Prohibits a court of the United States from relying upon any law, policy, or other action of a foreign state or international organization in interpreting and applying the Constitution, other than English constitutional and common law up to the time of adoption of the U.S. Constitution.

Provides that any Federal court decision relating to an issue removed from Federal jurisdiction by this Act is not binding precedent on State courts.

Provides that any Supreme Court justice or Federal court judge who exceeds the jurisdictional limitations of this Act shall be deemed to have committed an offense for which the justice or judge may be removed, and to have violated the standard of good behavior required of Article III judges by the Constitution.

Read it carefully, for it is mind-boggling, and I’m not sure it passes several fundamental tests for Constitutionality.

The first paragraph essentially grants immunity for government officials in matters that they say acknowledge “God as the sovereign source of law, liberty, or government.”

Last time I checked, the PEOPLE are sovereign in the United States, and the power of the government arises from the consent of said people.

Also, which specific God does this law refer to? The God as described by the Catholics? Or perhaps the Protestants… oops, which denomination? Or maybe we should go back to the roots of the Christian God and say that it’s Yaweh, or go forward to the latest major montheistic faith and say it’s Allah. Or, perhaps the God described by the Church of Jesus Christ of Latter Day Saints.

In other words, does this law protect officials who are Jewish or Muslim, or only Christians? We’ll be generous and leave aside the question of Catholic or a specific Protestant Christian denomination and assume they weren’t trying to protect those pesky Jehova’s Witnesses since they always ring our doorbells at inconvenient times and just won’t leave, even when it’s dinnertime.

While some conspiracy theories seem a bit outlandish, bills such as the “Constitution Restoration Act of 2005” make these accusations seem significantly less wild and more conceivable.