Family Research Council
March 23, 2005


(Article III, Section 2)

Since the Warren Court in the 1950s and 1960s, the federal courts have
taken an increasingly prominent role in American political life. Americans
may disagree about the particulars of each decision, but there can be
little dispute that the courts have been expanding their role and
increasing their influence over the democratic process. The question is
what the people can do when they believe the courts have plainly
overreached - when unelected judges reinterpret the Constitution in ways
that are fundamentally at odds with the American people's common
constitutional understanding and expectations. Article III, Section 2 of
the Constitution provides Congress with the authority to eliminate federal
court jurisdiction over specific issues. The practical effect of such
jurisdiction-limiting legislation would be to allow disputes to be handled
by state courts, where judges do not serve for life and tend to be closer
to the people.

A number of different jurisdiction-limiting bills were introduced in the
108th Congress, but here are three that are of particular interest:

The Pledge Protection Act

This bill would declare that no court established by Congress can declare
the phrase "under God" in the Pledge of Allegiance unconstitutional. This
bill passed the House in the 108th Congress but failed to receive Senate
consideration.

The Religious Liberties Restoration Act

This bill would remove from federal court review the issue of displaying
the Ten Commandments, the National Motto ("In God We Trust") and the
Pledge of Allegiance. This bill is the most inclusive of the various court
jurisdiction bills.

The Marriage Protection Act

This is Representative John Hostettler's bill, which would remove DOMA's
full faith and credit clause provision from any federal court's purview,
leaving the question to state courts and legislatures. DOMA affirms that
no state can be forced to recognize a same-sex "marriage" entered into in
another state. The Hostettler bill passed the House in the 108th Congress
but failed to receive Senate consideration.