Constitution Restoration Act of 2004: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, on H.R. 3799, September 13, 2004, Volumen4U.S. Government Printing Office, 2004 - 130 páginas |
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Página 11
... provision . In previous cases , the Supreme Court has held that posting the Ten Commandments in public school classrooms violates the First Amendment , 12 that mandatory school prayer is unconstitutional , 13 and that stu- dents may not ...
... provision . In previous cases , the Supreme Court has held that posting the Ten Commandments in public school classrooms violates the First Amendment , 12 that mandatory school prayer is unconstitutional , 13 and that stu- dents may not ...
Página 12
... provision is constitutionally problematic for many reasons . To begin with , “ any activity " might include striking down the Act as unconstitutional . If , for instance , the Supreme Court struck the law down , then the House will have ...
... provision is constitutionally problematic for many reasons . To begin with , “ any activity " might include striking down the Act as unconstitutional . If , for instance , the Supreme Court struck the law down , then the House will have ...
Página 14
... provisions - not all of them , but most of them are unconstitu- tional . And the bill as a whole is bad public policy because it seeks to impair the independence of the judiciary , an independence that has 20 80 U.S. ( 13 Wall . ) 197 ...
... provisions - not all of them , but most of them are unconstitu- tional . And the bill as a whole is bad public policy because it seeks to impair the independence of the judiciary , an independence that has 20 80 U.S. ( 13 Wall . ) 197 ...
Página 15
... provision of the bill , section 302. That is the impeachment provision that Mr. Berman and Professor Gerhardt have referred to . It seems to me that this is something the Constitution just doesn't allow Congress to do . Now , the ...
... provision of the bill , section 302. That is the impeachment provision that Mr. Berman and Professor Gerhardt have referred to . It seems to me that this is something the Constitution just doesn't allow Congress to do . Now , the ...
Página 17
... provisions of H.R. 3799 are unconstitutional , and all of them are unwise . An independent federal judiciary has served this nation well , and Congress should resist measures that would diminish or threaten that independence . It is ...
... provisions of H.R. 3799 are unconstitutional , and all of them are unwise . An independent federal judiciary has served this nation well , and Congress should resist measures that would diminish or threaten that independence . It is ...
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Términos y frases comunes
2-Jurisdiction ART 2.-Power of Congress acknowledgment action American appellate jurisdiction Article III courts authority BACHUS BERMAN bill branches Chairman Chief Justice Circuit Court Commandments Committee congressional power Constitution Restoration Act constitutional amendment constitutional law DANNEMEYER declared display district court Due Process enacted Establishment Clause exercise federal courts federal judges federal judiciary federal jurisdiction foreign law Framers God We Trust GOODLATTE gress HELLMAN impeachable offense impeachment independence inferior federal courts interpretation issue Judge Moore judicial decisions judicial power judicial review Judiciary Act legislation liberty lower federal courts Marriage Protection Act McCardle ment monument officials original jurisdiction overturn percent Pledge of Allegiance Professor Gerhardt prohibit provision public school question recognized regulate religion religious removed school prayer Senate source of law sovereign source statute Subcommittee Ten Commandments tion title 28 U.S. Constitution U.S. Supreme Court unconstitutional United States Code United States Supreme violate
Pasajes populares
Página 105 - At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Página 25 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each.
Página 40 - I have never shrunk from its expression... that the germ of dissolution of our Federal Government is in the Constitution of the Federal Judiciary; an irresponsible body... for impeachment is scarcely a scarecrow. . .working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
Página 108 - We are not at liberty to inquire into the motives of the legislature. • 'We can only examine into its power under the Constitution ; and the power to make exceptions to the appellate jurisdiction of this court is given by express words.
Página 125 - Faith, etc., having undertaken, for the glory of God and advancement of the Christian faith, and honor of our King and country, a voyage to plant the first colony in the northern parts of Virginia...
Página 79 - I therefore beg leave to move that, henceforth, prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this assembly every morning before we proceed to business, and that one or more of the clergy of this city be requested to officiate in that service.
Página 93 - The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.
Página 77 - The judiciary on the contrary has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Página 9 - To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents which serve to define and point out their duty in every particular case that comes before them...
Página 10 - I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.