Pledge Protection Act of 2004

PLEDGE PROTECTION ACT OF 2004 -- (House of Representatives - September 23, 2004)

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Mr. BARRETT of South Carolina. Mr. Chairman, I thank the gentleman for yielding me this time.

Mr. Chairman, exactly what we are talking about is limiting the appellate jurisdiction of the Supreme Court, and let me just read my colleagues a couple of things. According to constitutional experts, under article III of the Constitution, Congress clearly has the ability to limit the appellate jurisdiction of the Supreme Court to review certain cases. Now, this is satisfied by constitutional experts, and who are these constitutional experts? Well, justices of the Supreme Court.

In the decision Wiscart v. Dauchy, the Court ruled, "If Congress has provided no rule to regulate our proceedings, we cannot exercise appellate jurisdiction; and if the rule is provided, we cannot depart from it."

Let me read another decision, Martin v. Hunters' Lessee. The Court ruled, "Congress is able to regulate and restrain appellate jurisdiction of the U.S. Supreme Court as public necessity requires."

And one last decision, United States v. Bitty. The Court ruled, "Congress holds the wisdom and authority to establish exceptions and regulations concerning the court's appellate jurisdiction."

What we are doing here, I say to my colleagues, is letting our State courts take a look at this and not Federal activist judges.

Let us leave these decisions up to our State courts and not our Federal court system. Let us not gut the Sensenbrenner amendment, and I urge Members to vote no against the Watt amendment.