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 7
... unconstitutional objective ; Congress has no constitutional authority to overturn , or dilute , the constitutional opinions of Article III courts through any of its legislative powers . This bill is a transparent attempt to diminish if ...
... unconstitutional objective ; Congress has no constitutional authority to overturn , or dilute , the constitutional opinions of Article III courts through any of its legislative powers . This bill is a transparent attempt to diminish if ...
Página 8
... unconstitutional . I. GENERAL PRINCIPLES A few general principles should guide our consideration of the constitutionality of the Constitution Restoration Act of 2004. I discuss each briefly before considering how the proposed bill ...
... unconstitutional . I. GENERAL PRINCIPLES A few general principles should guide our consideration of the constitutionality of the Constitution Restoration Act of 2004. I discuss each briefly before considering how the proposed bill ...
Página 9
... unconstitutional for Con- gress to preclude the courts from effectively remedying deprivations of those rights . " While Congress clearly may use its power to regulate jurisdiction to provide for par- ticular procedures and remedies in ...
... unconstitutional for Con- gress to preclude the courts from effectively remedying deprivations of those rights . " While Congress clearly may use its power to regulate jurisdiction to provide for par- ticular procedures and remedies in ...
Página 10
... unconstitutional . Congress could not , for instance , enact a statute directing the Court either to ignore its precedents on abortion rights as a source of decision alto- gether or to forego ever reconsidering certain 11th amendment ...
... unconstitutional . Congress could not , for instance , enact a statute directing the Court either to ignore its precedents on abortion rights as a source of decision alto- gether or to forego ever reconsidering certain 11th amendment ...
Página 11
... unconstitutional , 13 and that stu- dents may not be required to recite the Pledge of Allegiance . 14 The Constitution Restoration Act allows state courts to ignore each of these precedents . Indeed , this is the purpose of the Act ...
... unconstitutional , 13 and that stu- dents may not be required to recite the Pledge of Allegiance . 14 The Constitution Restoration Act allows state courts to ignore each of these precedents . Indeed , this is the purpose of the Act ...
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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.