Constitution Restoration Act
Encyclopedia
The Constitution Restoration Act of 2005 (originally "of 2004") was filed on March 3, 2005 by United States Senator
Richard Shelby
(R-AL
) and Representative
Robert Aderholt
(R-AL). It is Senate bill S 520 and House of Representatives bill H.R. 1070. It was originally drafted by Roy Moore
and his attorney Herb Titus
, former vice-presidential candidate of the Constitution Party
, in 1996.
The central statement of the bill is that, after passing, "the Supreme Court
shall not have jurisdiction to review, by appeal, writ of certiorari
, or otherwise, any matter to the extent that relief is sought against an entity of Federal, State, or local government, or against an officer or agent of Federal, State, or local government (whether or not acting in official or personal capacity), concerning that entity's, officer's, or agent's acknowledgment of God
as the sovereign source of law, liberty, or government." In other words, the bill would limit the power of the federal judiciary specifically in religious liberty cases. The bill also states that judges or other court officials that listen to cases that meet said criteria are to be impeached and convicted.
Supporters of the bills, largely conservative
Republican
s, claim that the legislation re-asserts the original meaning of the First Amendment
and the principle of limited government power over rights of conscience and religion. Opponents of the bill have expressed concern that the bill would repeal the applicability of the First Amendment to state and local governments by rendering it impossible to appeal constitutionally questionable state decisions beyond the state level. The act has been viewed by critics as an attempt to advance the cause of Dominionism
by conservative evangelical
Christian Republicans. Roy Moore, one of the original drafters of the bill, describes its purpose as:
The bills were originally introduced in 2004 in both the U.S. House and the U.S. Senate, but languished in committee. Reintroduced at the beginning of the 2005 congressional session, they were read twice and referred to the Committee on the Judiciary, where they again languished. The Republican Study Committee
, a caucus
of conservative House members of the Republican Party, allegedly promoted the passage of "protections for religious freedom" as item #10 on their list of top ten legislative priorities of 2006.
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Richard Shelby
Richard Shelby
Richard Craig Shelby is the senior U.S. Senator from Alabama. First elected to the Senate in 1986, he is the ranking member of the United States Senate Committee on Banking, Housing, and Urban Affairs and was its chairman from 2003 to 2007....
(R-AL
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
) and Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Robert Aderholt
Robert Aderholt
Robert Brown Aderholt is the U.S. Representative for , serving since 1997. He is a member of the Republican Party.The district includes most of the far northern suburbs of Birmingham, as well as the southern suburbs of Huntsville and Decatur.- Early life, education and career :Aderholt was born in...
(R-AL). It is Senate bill S 520 and House of Representatives bill H.R. 1070. It was originally drafted by Roy Moore
Roy Moore
Roy Stewart Moore is an American jurist and Republican politician noted for his refusal, as the elected Chief Justice of the Supreme Court of Alabama, to remove a monument of the Ten Commandments from the state courthouse despite orders to do so from a federal judge...
and his attorney Herb Titus
Herb Titus
Herbert W. Titus is an American attorney, writer, and politician. He was a candidate for Vice-President of the United States in the 1996 U.S. presidential election on the Constitution Party ticket....
, former vice-presidential candidate of the Constitution Party
Constitution Party (United States)
The Constitution Party is a paleoconservative political party in the United States. It was founded as the U.S. Taxpayers' Party by Howard Philips in 1991. Phillips was the party's candidate in the 1992, 1996 and 2000 presidential elections...
, in 1996.
The central statement of the bill is that, after passing, "the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
shall not have jurisdiction to review, by appeal, writ of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, or otherwise, any matter to the extent that relief is sought against an entity of Federal, State, or local government, or against an officer or agent of Federal, State, or local government (whether or not acting in official or personal capacity), concerning that entity's, officer's, or agent's acknowledgment of God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
as the sovereign source of law, liberty, or government." In other words, the bill would limit the power of the federal judiciary specifically in religious liberty cases. The bill also states that judges or other court officials that listen to cases that meet said criteria are to be impeached and convicted.
Supporters of the bills, largely conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
s, claim that the legislation re-asserts the original meaning of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and the principle of limited government power over rights of conscience and religion. Opponents of the bill have expressed concern that the bill would repeal the applicability of the First Amendment to state and local governments by rendering it impossible to appeal constitutionally questionable state decisions beyond the state level. The act has been viewed by critics as an attempt to advance the cause of Dominionism
Dominionism
Dominionism is a term used to describe politically active conservative Christians that are believed to conspire and seek influence or control over secular civil government through political action, especially in the United States, with the goal of either a nation governed by Christians, or a nation...
by conservative evangelical
Evangelicalism
Evangelicalism is a Protestant Christian movement which began in Great Britain in the 1730s and gained popularity in the United States during the series of Great Awakenings of the 18th and 19th century.Its key commitments are:...
Christian Republicans. Roy Moore, one of the original drafters of the bill, describes its purpose as:
"The purpose of the CRA is to restrict the appellate jurisdiction of the United States Supreme Court and all lower federal courts to that jurisdiction permitted them by the Constitution of the United States. The acknowledgment of God as the sovereign source of law, liberty, and government is contained within the Declaration of IndependenceUnited States Declaration of IndependenceThe Declaration of Independence was a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain regarded themselves as independent states, and no longer a part of the British Empire. John Adams put forth a...
which is cited as the 'organic law' of our Country by United States Code Annotated. The constitution of every state of the Union acknowledges God and His sovereignty, as do three branches of the federal government. The acknowledgment of God is not a legitimate subject of review by federal courts. The CRA also protects and preserves the Constitution of the United States by restricting federal courts from recognizing the laws of foreign jurisdictions and international law as the supreme law of our land.
The bills were originally introduced in 2004 in both the U.S. House and the U.S. Senate, but languished in committee. Reintroduced at the beginning of the 2005 congressional session, they were read twice and referred to the Committee on the Judiciary, where they again languished. The Republican Study Committee
Republican Study Committee
The Republican Study Committee [RSC] is a caucus of over 170 conservative members of the Republican Party in the United States House of Representatives...
, a caucus
Congressional caucus
A congressional caucus is a group of members of the United States Congress that meets to pursue common legislative objectives. Formally, caucuses are formed as congressional member organizations through the United States House of Representatives and governed under the rules of that chamber...
of conservative House members of the Republican Party, allegedly promoted the passage of "protections for religious freedom" as item #10 on their list of top ten legislative priorities of 2006.
External links
- Official Senate bill text
- Introducing The Constitution Restoration Act (anti)
- Curbing the Courts The Constitution Restoration Act (pro)
- Peabody, Michael, Deconstructing the Constitution Restoration Act Liberty Magazine, March/April 2006
- Judge Roy Moore Introduces Constitution Restoration Act 2004, WAFFWAFF (TV)WAFF is the NBC television network affiliate in Huntsville, Alabama. The station broadcasts on UHF channel 49 and serves the northern portion of Alabama and several counties in southern Tennessee.-Decatur years, 1954 - 69:...
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