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An Alternative to Amendments: Many Americans, Tired of Federal Courts Meddling in Their Lives, Have Resorted to Trying to Add New Amendments to the Constitution, but There's a Better Solution

By: Detweiler, George | The New American, August 21, 2006 | Article details

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An Alternative to Amendments: Many Americans, Tired of Federal Courts Meddling in Their Lives, Have Resorted to Trying to Add New Amendments to the Constitution, but There's a Better Solution


Detweiler, George, The New American


Interest is multiplying both in and out of Congress to use Article III, Section 2 of the U.S. Constitution as an alternative to the constitutional amendment process for curbing the excesses of runaway federal courts. The Pledge Protection Act of 2006, introduced by Rep. Todd Akin (R-Mo.), passed the House on July 19 and now faces an uncertain future in the Senate. It would strip federal courts of jurisdiction to rule on the constitutionality of the words "under God" in the pledge of allegiance to the flag. A companion bill in the Senate, introduced by Jon Kyl (R-Ariz.), has gone nowhere, and if the matter is to become law this year, the House bill will be the one to watch (and support with letters to your senators).

Rep. Chris Cannon (R-Utah) filed a bill in the House of Representatives on June 5, 2006, H.R. 5528, denominated the Pornography Jurisdiction Act, which provides, in part, "No court created by Act of Congress shall have jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide a question of whether a State pornography law imposes a constitutionally invalid restriction on the freedom of expression." The bill …

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