INTRODUCING WE THE PEOPLE -- (House of Representatives - January 14, 2009)
Mr. PAUL. Madam Speaker, I rise to introduce the We the People Act. The We the People Act forbids federal courts, including the Supreme Court, from adjudicating cases concerning State laws and polices relating to religious liberties or ``privacy,'' including cases involving sexual practices, sexual orientation or reproduction. The We the People Act also protects the traditional definition of marriage from judicial activism by ensuring the Supreme Court cannot abuse the equal protection clause to redefine marriage. In order to hold Federal judges accountable for abusing their powers, the act also provides that a judge who violates the act's limitations on judicial power shall either be impeached by Congress or removed by the President, according to rules established by the Congress.
The United States Constitution gives Congress the authority to establish and limit the jurisdiction of the lower Federal courts and limit the jurisdiction of the Supreme Court. The Founders intended Congress to use this authority to correct abuses of power by the Federal judiciary.
Some may claim that an activist judiciary that strikes down State laws at will expands individual liberty. Proponents of this claim overlook the fact that the best guarantor of true liberty is decentralized political institutions, while the greatest threat to liberty is concentrated power. This is why the Constitution carefully limits the power of the Federal Government over the States.
In recent years, we have seen numerous abuses of power by Federal courts. Federal judges regularly strike down State and local laws on subjects such as religious liberty, sexual orientation, family relations, education, and abortion. This government by Federal judiciary causes a virtual nullification of the Tenth Amendment's limitations on Federal power. Furthermore, when Federal judges impose their preferred polices on State and local governments, instead of respecting the polices adopted by those elected by, and thus accountable to, the people, republican government is threatened. Article IV, section 4 of the United States Constitution guarantees each State a republican form of government. Thus, Congress must act when the executive or judicial branch threatens the republican governments of the individual States. Therefore, Congress has a responsibility to stop Federal judges from running roughshod over State and local laws. The Founders would certainly have supported congressional action to reign in Federal judges who tell citizens where they can and can't place manger scenes at Christmas.
Madam Speaker, even some supporters of liberalized abortion laws have admitted that the Supreme Court's Roe v. Wade decision, which overturned the abortion laws of all 50 States, is flawed. The Supreme Court's establishment clause jurisdiction has also drawn criticism from across the political spectrum. Perhaps more importantly, attempts to resolve, by judicial fiat, important issues like abortion and the expression of religious belief in the public square increase social strife and conflict. The only way to resolve controversial social issues like abortion and school prayer is to restore respect for the right of State and local governments to adopt polices that reflect the beliefs of the citizens of those jurisdictions. I would remind my colleagues and the Federal judiciary that, under our constitutional system, there is no reason why the people of New York and the people of Texas should have the same policies regarding issues such as marriage and school prayer.
Unless Congress acts, a State's authority to define and regulate marriage may be the next victim of activist judges. After all, such a decision would simply take the Supreme Court's decision in the Lawrence case, which overturned all State sodomy laws, to its logical conclusion. Congress must launch a preemptive strike against any further Federal usurpation of the States' authority to regulate marriage by removing issues concerning the definition of marriage from the jurisdiction of Federal courts.
Although marriage is licensed and otherwise regulated by the States, government did not create the institution of marriage. Government regulation of marriage is based on State recognition of the practices and customs formulated by private individuals interacting in civil institutions, such as churches and synagogues. Having Federal officials, whether judges, bureaucrats, or congressmen, impose a new definition of marriage on the people is an act of social engineering profoundly hostile to liberty.