MAJOR LEGISLATION USING ARTICLE III, SEC. 2 POWER IN
107TH CONGRESS (SPECIFIC LANGUAGE EXAMPLES):
> 2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES (PL 107-206)
Daschle Language protecting Black Hills Forest from NEPA and other environmental laws:
“Due to the extraordinary circumstances present here, actions authorized by this section shall proceed immediately… Any actions authorized by this section shall not be subject to judicial review by any court of the United States.”
> INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2003 (PL 107-306)
Sec 502; ‘(B)
“Judicial review shall not be available in the manner provided for under subparagraph (A) as follows:”
> TERRORISM RISK INSURANCE ACT OF 2002 (PL 107-297)
Sec 102; Sub Sec. C
“Any certification of, or determination not to certify, an act as an act of terrorism under this paragraph shall be final, and shall not be subject to judicial review.”
FURTHER EXAMPLES OF 107TH CONGRESS LEGISLATION (PASSED)
USING ARTICLE III, SEC. 2 POWERS:
> SMALL BUSINESS LIABILITY RELIEF AND BROWNFIELDS REVITALIZATION ACT (PL 107-118)
> USA PATRIOT ACT (PL 107-056)
> 21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT (PL 107-273)
> ANDEAN TRADE PROMOTION AND DRUG ERADICATION ACT (PL 107-210)
> AMERICAN SERVICEMEMBERS’ PROTECTION ACT OF 2002 (Pl 107-206)
> PUBLIC HEALTH SECURITY AND BIOTERRORISM RESPONSE ACT OF 2001 (PL 107-188)
> AVIATION SECURITY ACT (PL 107-071)
> TO EXPEDITE THE CONSTRUCTION OF THE WORLD WAR II MEMORIAL IN THE DISTRICT OF COLUMBIA (PL 107-011)
> SMALL BUSINESS INVESTMENT COMPANY AMENDMENTS ACT OF 2001 (PL 107-100)
CONGRESS SHOULD USE ARTICLE III, SEC. 2.2
TO RECLAIM OUR CHRISTIAN HERITAGE
Thomas Jefferson is generally recognized by most historians as the principle author of the Declaration of Independence. Our founding fathers created a federal system of three branches, Executive, Legislative and Judicial.
On August 18, 1821, Jefferson wrote to Charles Hammond and expressed his fear that of the three branches of government which were created the one he feared the most was the federal judiciary in these words:
"The federal judiciary is …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 (i.e., federalization)."
Decisions of the federal judiciary over the last half century have resulted in the theft of our Christian heritage, a brief sampling is as follows:
• Enacting "a wall of separation between church and state"
• Banning nondenominational prayer from public schools
• Removing the Ten Commandments from public school walls
• Removing God from the Pledge of Allegiance
Congress should use Article III, Section 2, clause 2 of the U.S. Constitution to recover what has been stolen.
Jurisdiction of Supreme and Appellate Courts
2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Over the last 200 years Congress has exercised this authority to except certain areas from the jurisdiction of the federal court system.
In Turner v. Bank of North America 4 Dall. (4 U.S., 8 (1799)), the Supreme Court of the U.S. concluded that the federal courts derive their judicial power from Congress, not the Constitution.
In Cary v. Curtis 3 How, (44 U.S.), 236 (1845), a statute made final the decision of the Secretary of the Treasury in certain tax deductions. The statute was challenged as an unconstitutional deprivation of the judicial power of the courts. The Supreme Court concluded that the jurisdiction of the federal courts (inferior to the Supreme Court) was in the sole power of Congress.
In Sheldon v. Sill 8 How (49 U.S. 441 (1850)), involved the validity of the assignee clause of the Judicial Act of 1789 restricting such action to establish federal court jurisdictions. The Supreme Court sustained the power of Congress to limit the jurisdiction of the inferior federal courts.
In Ex Parte McCardle 6 Wall. (73 U.S.) 318 (1868), the U.S. Supreme Court accepted review on certiorari of a denial of a petition for a writ of habeas corpus by the circuit court. Congress fearful the Supreme Court would honor the writ passed a law repealing the act which authorized the appeal. The U.S. Supreme Court dismissed the case for lack of jurisdiction.
In Lauf v. E.G. Shinner & Co. 303 U.S. 323, 330 (1938), the Supreme Court upheld the power of Congress to define and limit the jurisdiction of the inferior courts of the U.S. in the restrictions on the issuance of injunctions in labor disputes under the Norris-La Guardiact of 1932.
In Lockerty v. Phillips 319 U.S. 182 (1943), Congress provided for a special court to appeal price control decisions under the Emergency Price Control Act of 1942. The U.S. Supreme Court sustained this restriction.
One of the outstanding Constitutional scholars in the U.S. Senate is Senator Robert Byrd (D) of West Virginia. In 1979, in order to once again allow voluntary prayer in public schools, he introduced a law to except this subject from the federal court system under Article III, 2.2.
Unfortunately it was not enacted into law.
In the 107th Congress (2001-2002), Congress used the authority of Article III, Section 2, clause 2 twelve times to limit the jurisdiction of the federal courts.
Senator Thomas A. Daschle (D) of South Dakota used the exception authority of Article III, 2.2 in order to cut some timber in South Dakota.
Congress responds to pressure from the public. Call, write, e-mail or fax your Senator or Member of the House to enact S1558 by Senator Allard (R) of Colorado and HR 3190 by Congressman Pickering (R) of Mississippi. These bills allow the Ten Commandments to be displayed, and retain God in the Pledge and use Article III, Sec. 2.2.
William E. Dannemeyer
Co-Chairman, Americans For Voluntary School Prayer
Member of the House of Representatives, 1979-1992
1105 E. Commonwealth, Box 13
Fullerton, CA 92831
Tel: 714-871-4318, Fax: 714-871-4221