strong public interest in developing and maintaining clear, definitive, and nationwide resolutions of issues of a constitutional dimension.

Second, the Helms amendment would for the first time remove the authority of the Supreme Court to decide a controversy of a constitutional nature. There is serious doubt as to whether this statutory procedure would itself be constitutional.

Even if it were, the wisdom of altering the traditional role of the Supreme Court as the final arbiter of fundamental questions of law must be carefully reviewed. Many believe that the Court has been the protector of the citizen, the articulator of rights, the last best hope for the maintenance of our freedoms, including the freedom of religion.

Also, as chairman of this subcommittee I have become keenly aware of the problems of "access to justice" in this country. I am troubled by the prospect in this legislation of denying citizens access to the Federal courts with regard to an important constitutional issue such as this. Where would the aggrieved citizen go to take his case for redress?

Hopefully these hearings will flush out a clear perspective on these and other questions. I should point out that in addition to the Helms amendment embodied in S. 450, the subcommittee has before it 18 versions of a constitutional amendment on the subject of prayer in public schools. Some have suggested that a more appropriate response to this issue might well be to amend the Constitution directly, rather than to remove the jurisdiction of the Federal courts. We will wish to discuss the issue of a constitutional amendment during the course of these hearings.

[A copy of S. 450 follows:]

To improve the administration of justice by providing greater discretion to the Supreme Court in selecting the cases it will review, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Supreme Court Jurisdic4 tion Act of 1979".

5

SEC. 2. Section 1252 of title 28, United States Code, is 6 repealed.

7

SEC. 3. Section 1254 of title 28, United States Code, is

8 amended by deleting subsection (2), by redesignating subsec

9 tion (3) as subsection (2), and by deleting "appeal;" from the 10 title.

2

1 SEC. 4. Section 1257 of title 28, United States Code, is

2 amended to read as follows:

3 "81257. State courts; certiorari

4 "Final judgments or decrees rendered by the highest 5 court of a State in which a decision could be had may be 6 reviewed by the Supreme Court by writ of certiorari where 7 the validity of a treaty or statute of the United States is 8 drawn in question or where the validity of a statute of any 9 State is drawn in question on the ground of its being repug10 nant to the Constitution, treaties, or laws of the United 11 States, or where any title, right, privilege, or immunity is 12 specially set up or claimed under the Constitution, treaties, 13 or statutes of, or commission held or authority exercised 14 under, the United States.

15

"For the purposes of this section, the term 'highest 16 court of a State' includes the District of Columbia Court of

17 Appeals.".

18

SEC. 5. Section 1258 of title 28, United States Code, is

19 amended to read as follows:

20 "81258. Supreme Court of Puerto Rico; certiorari

21

"Final judgments or decrees rendered by the Supreme 22 Court of the Commonwealth of Puerto Rico may be reviewed 23 by the Supreme Court by writ of certiorari where the validity 24 of a treaty or statute of the United States is drawn in ques25 tion or where the validity of a statute of the Commonwealth

3

1 of Puerto Rico is drawn in question on the ground of its being 2 repugnant to the Constitution, treaties, or laws of the United 3 States, or where any title, right, privilege, or immunity is 4 specially set up or claimed under the Constitution, treaties, 5 or statutes of, or commission held or authority exercised 6 under, the United States.".

7

SEC. 6. The analysis at the beginning of chapter 81 of

8 title 28, United States Code, is amended to read as follows:

9

10

"Sec.

"CHAPTER 81.-SUPREME COURT

"1251. Original jurisdiction.

"1252. Repealed.

"1253. Direct appeals from decisions of three-judge courts.

"1254. Court of appeals; certiorari; certified questions.

"1255. Court of Claims; certiorari; certified questions.

"1256. Court of Customs and Patent Appeals; certiorari.

"1257. State courts; certiorari.

"1258. Supreme Court of Puerto Rico; certiorari.".

SEC. 7. Section 314 of the Federal Election Campaign

11 Act of 1971, as added by section 208(a) of the Federal Elec12 tion Campaign Act Amendments of 1974, as redesignated 13 and amended (2 U.S.C. 437h), is amended:

17

(a) by deleting subsection (b); and

(b) by redesignating subsection (c) as subsection

SEC. 8. Section 2 of the Act of May 18, 1928 (25

18 U.S.C. 652) is amended by deleting ", with the right of 19 either party to appeal to the Supreme Court of the United 20 States".

4

1 SEC. 9. Subsection (d) of section 203 of the Trans2 Alaska Pipeline Authorization Act (43 U.S.C. 1652(d)) is 3 amended by deleting the last sentence and inserting in lieu 4 thereof the following: Any review of the interlocutory or final 5 judgment, decree or order of such district court may be had 6 only upon direct review by the Supreme Court by writ of 7 certiorari.

8

SEC. 10. This Act shall take effect ninety days after the 9 date of enactment. However, it shall not affect cases then 10 pending in the Supreme Court, nor shall it affect the right to 11 review, or the mode of reviewing, the judgment or decree of 12 a court when the judgment or decree sought to be reviewed 13 was entered prior to the effective date of this Act.

14

SEC. 11. (a) Chapter 81 of title 28, United States Code, 15 is amended by adding at the end thereof the following new 16 section:

17 "81259. Appellate jurisdiction; limitations

18

"(a) Notwithstanding the provision of sections 1253, 19 1254, and 1257 of this chapter the Supreme Court shall not 20 have jurisdiction to review, by appeal, writ of certiorari, or 21 otherwise, any case arising out of any State statute, ordi22 nance, rule, regulation, or any part thereof, or arising out of 23 any Act interpreting, applying, or enforcing a State statute, 24 ordinance, rule, or regulation, which relates to voluntary 25 prayers in public schools and public buildings.".