U.S. Rep. Ron Paul | Judiciary |
Judiciary
Supports Impeachment Of President Clinton
19 December 1998 1998 Ron Paul 125:6
There is a major irony in this impeachment proceeding. A lot has been said the last two months by members of the Judiciary Committee on both side of the aisle regarding the Constitution and how it must be upheld. But if we are witnessing all of a sudden the serious move toward obeying constitutional restraints, I will anxiously look forward to the next session when 80 percent of our routine legislation will be voted down.
Judiciary
Supports Impeachment Of President Clinton
19 December 1998 1998 Ron Paul 125:21
Even though we might claim a victory of sorts, the current impeachment process reveals a defeat for our political system and our society. Since lack of respect for the Constitution is pervasive throughout the Administration, the Congress and the Courts and reflects the political philosophy of the past 60 years, dealing with the President alone, won’t reverse the course on which we find ourselves. There are days when I think we should consider “impeaching” not only the President, but the Congress and the Judiciary. But the desired changes will come only after the people’s attitudes change as to what form of government they desire. When the people demand privacy, freedom and individual responsibility for everyone alike, our government will reflect these views. Hopefully we can see signs in these current events that more Americans are becoming serious about demanding their liberty and rejecting the illusions of government largesse as a panacea.
Judiciary
Unborn Victims Of Violence Act
30 September 1999 1999 Ron Paul 102:17
However, Congress does more damage than just expanding the class to whom federal murder and assault statutes apply — it further entrenches and seemingly concurs with the Roe versus Wade decision (the Court’s intrusion into rights of states and their previous attempts to protect by criminal statute the unborn’s right not to be aggressed against). By specifically exempting from prosecution both abortionists and the mothers of the unborn (as is the case with this legislation), Congress appears to say that protection of the unborn child is not a federal matter but conditioned upon motive. In fact, the Judiciary Committee in marking up the bill, took an odd legal turn by making the assault on the unborn a strict liability offense insofar as the bill does not even require knowledge on the part of the aggressor that the unborn child exists. Murder statutes and common law murder require intent to kill (which implies knowledge) on the part of the aggressor. Here, however, we have the odd legal philosophy that an abortionist with full knowledge of his terminal act is not subject to prosecution while an aggressor acting without knowledge of the child’s existence is subject to nearly the full penalty of the law. (The bill exempts the murderer from the death sentence — yet another diminution of the unborn’s personhood status.) It is becoming more and more difficult for Congress and the courts to pass the smell test as government simultaneously treats the unborn as a person in some instances and as a non-person in others.
Judiciary
Unborn Victims Of Violence Act
30 September 1999 1999 Ron Paul 102:18
In this first formal complaint to Congress on behalf of the federal Judiciary, Chief Justice William H. Rehnquist said “the trend to federalize crimes that have traditionally been handled in state courts . . . threatens to change entirely the nature of our federal system.” Rehnquist further criticized Congress for yielding to the political pressure to “appear responsive to every highly publicized societal ill or sensational crime.”
Judiciary
Pain Relief Promotion Act of 1999.
27 October 1999 1999 Ron Paul 112:12
In his first formal complaint to Congress on behalf of the federal Judiciary, Chief Justice William H. Rehnquist said “the trend to federalize crimes that have traditionally been handled in state courts . . . threatens to change entirely the nature of our federal system.” Rehnquist further criticized Congress for yielding to the political pressure to “appear responsive to every highly publicized societal ill or sensational crime.”
Judiciary
A Republic, If You Can Keep It
31 January 2000 2000 Ron Paul 2:7
Dividing and keeping separate the legislative, executive, and the judiciary branches provided the checks and balances thought needed to preserve the Republic the Constitution created and the best way to preserve individual liberty.
Judiciary
The Hillory J. Farias Date Rape Prevention Drug Act of 1999
31 January 2000 2000 Ron Paul 3:3
In his first formal complaint to Congress on behalf of the federal Judiciary, Chief Justice William H. Rehnquist said “the trend to federalize crimes that have traditionally been handled in state courts * * * threatens to change entirely the nature of our federal system.” Rehnquist further criticized Congress for yielding to the political pressure to “appear responsive to every highly publicized societal ill or sensational crime.”
Judiciary
Unborn Victims Of Violence Act
26 April 2001 2001 Ron Paul 29:5
However, Congress does more damage than just expanding the class to whom Federal murder and assault statutes apply — it further entrenches and seemingly concurs with the Roe v. Wade decision (the Court’s intrusion into rights of States and their previous attempts to protect by criminal statute the unborn’s right not to be aggressed against). By specifically exempting from prosecution both abortionists and the mothers of the unborn (as is the case with this legislation), Congress appears to say that protection of the unborn child is not only a Federal matter but conditioned upon motive. In fact, the Judiciary Committee in marking up the bill, took an odd legal turn by making the assault on the unborn a strict liability offense insofar as the bill does not even require knowledge on the part of the aggressor that the unborn child exists. Murder statutes and common law murder require intent to kill (which implies knowledge) on the part of the aggressor. Here, however, we have the odd legal philosophy that an abortionist with full knowledge of his terminal act is not subject to prosecution while an aggressor acting without knowledge of the child’s existence is subject to nearly the full penalty of the law. (With respect to only the fetus, the bill exempts the murderer from the death sentence — yet another diminution of the unborn’s personhood status and clearly a violation of the equal protection clause.) It is becoming more and more difficult for congress and the courts to pass the smell test as government simultaneously treats the unborn as a person in some instances and as a non-person in others.
Judiciary
Unborn Victims Of Violence Act
26 April 2001 2001 Ron Paul 29:6
In his first formal complaint to Congress on behalf of the federal Judiciary, Chief Justice William H. Rehnquist said “the trend to federalize crimes that have traditionally been handled in state courts . . . threatens to change entirely the nature of our Federal system.” Rehnquist further criticized Congress for yielding to the political pressure to “appear responsive to every highly publicized societal ill or sensational crime.”
Judiciary
Statement on Counter-Terrorism Proposals and Civil Liberties
October 12, 2001 2001 Ron Paul 87:4
However, other provisions of this bill represent a major infringement of the American people’s constitutional rights. I am afraid that if these provisions are signed into law, the American people will lose large parts of their liberty--maybe not today but over time, as agencies grow more comfortable exercising their new powers. My concerns are exacerbated by the fact that HR 3108 lacks many of the protections of civil liberties which the House Judiciary Committee worked to put into the version of the bill they considered. In fact, the process under which we are asked to consider this bill makes it nearly impossible to fulfill our constitutional responsibility to carefully consider measures which dramatically increase government’s power.
Judiciary
So-Called “Campaign Finance Reform” is Unconstitutional
February 13, 2002 2002 Ron Paul 7:25
Additionally, the issue of constitutional authority would have been examined, in the first instance, by Congress and the president without their being bound by previous court opinions. It had already been well established that each representative, each senator, and the president and his cabinet had a constitutional duty, independent of the judiciary, to determine the constitutionality of legislation before them. As President Andrew Jackson observed, in his 1832 veto message rejecting a bill extending the charter of the Bank of the United States:
Judiciary
Federal Penalties For Child Sexual Abuse
14 March 2002 2002 Ron Paul 16:3
As I stated before, it certainly is a legitimate exercise of government power to impose a lifetime sentence on those guilty of multiple sex crimes against children. However, I would ask my colleagues to consider the wisdom of Congress’ increased reliance on mandatory minimums. Over the past several years we have seen a number of cases with people sentenced to life, or other harsh sentences, that appear to offend basic principles of justice. Even judges in many of these cases admit that the sentences imposed are in no way just, but the judiciary’s hands are tied by the statutorily imposed mandatory minimums.
Judiciary
Is America a Police State?
June 27, 2002 2002 Ron Paul 64:120
When the government keeps detailed records on every move we make and we either need advance permission for everything we do or are penalized for not knowing what the rules are, America will be declared a police state. Personal privacy for law-abiding citizens will be a thing of the past. Enforcement of laws against economic and political crimes will exceed that of violent crimes (just look at what’s coming under the new FEC law). War will be the prerogative of the administration. Civil liberties will be suspended for suspects, and their prosecution will not be carried out by an independent judiciary. In a police state, this becomes common practice rather than a rare incident.
Judiciary
PATRIOT Act
22 July 2003 2003 Ron Paul 88:3
When the PATRIOT Act was passed, it was in the passions following 9/11, and that bill should have never been passed. It was brought up carelessly, casually, in a rapid manner. The bill that had been discussed in the Committee on the Judiciary was removed during the night before we voted. The full text of this bill was very difficult to find. I am convinced that very few Members were able to review this bill before voting. That bill should have never passed. We certainly should continue to maintain the sunset provisions. But that is a long way off, and we should be starting to reform and improve this particular piece of legislation. This is our first chance to do so.
Judiciary
Statement Opposing the Continuity of Government Proposal
September 9, 2003 2003 Ron Paul 94:2
Since the COG Commission proposal was introduced I, along with other members of Congress, journalists, academics, and policy experts have expressed concerns that having appointed members serve in Congress function is inconsistent with the House’s historic function as the branch of Congress most directly accountable to the people. A superior way to address concerns regarding continuity of House operations in the event of an emergency is contained in HR 2844, the Continuity of Representation Act, introduced by my distinguished colleague, House Judiciary Chairman James Sensenbrenner.
Judiciary
Conference Report On H.R. 2417 Intelligence Authorization Act For Fiscal year 2004
20 November 2003 2003 Ron Paul 121:2
What most concerns me about this conference report, though, is something that should outrage every single American citizen. am referring to the stealth addition of language drastically expanding FBI powers to secretly and without court order snoop into the business and financial transactions of American citizens. These expanded internal police powers will enable the FBI to demand transaction records from businesses, including auto dealers, travel agents, pawnbrokers and more, without the approval or knowledge of a judge or grand jury. This was written into the bill at the 11th hour over the objections of members of the Senate Judiciary Committee, which would normally have jurisdiction over the FBI. The Judiciary Committee was frozen out of the process. It appears we are witnessing a stealth enactment of the enormously unpopular “Patriot II” legislation that was first leaked several months ago. Perhaps the national outcry when a draft of the Patriot II act was leaked has led its supporters to enact it one piece at a time in secret. Whatever the case, this is outrageous and unacceptable. I urge each of my colleagues to join me in rejecting this bill and its incredibly dangerous expansion of Federal police powers.
Judiciary
Unborn Victims Of Violence Act
26 February 2004 2004 Ron Paul 8:5
However, Congress does more damage than just expanding the class to whom Federal murder and assault statutes apply — it further entrenches and seemingly concurs with the Roe v. Wade decision — the Court’s intrusion into rights of States and their previous attempts to protect by criminal statute the unborn’s right not to be aggressed against. By specifically exempting from prosecution both abortionists and the mothers of the unborn — as is the case with this legislation — Congress appears to say that protection of the unborn child is not only a Federal matter but conditioned upon motive. In fact, the Judiciary Committee in marking up the bill, took an odd legal turn by making the assault on the unborn a strict liability offense insofar as the bill does not even require knowledge on the part of the aggressor that the unborn child exists. Murder statutes and common law murder require intent to kill — which implies knowledge — on the part of the aggressor. Here, however, we have the odd legal philosophy that an abortionist with full knowledge of his terminal act is not subject to prosecution while an aggressor acting without knowledge of the child’s existence is subject to nearly the full penalty of the law. With respect to only the fetus, the bill exempts the murderer from the death sentence — yet another diminution of the unborn’s personhood status and clearly a violation of the equal protection clause. It is becoming more and more difficult for Congress and the courts to pass the smell test as government simultaneously treats the unborn as a person in some instances and as a nonperson in others.
Judiciary
Unborn Victims Of Violence Act
26 February 2004 2004 Ron Paul 8:6
In his first formal complaint to Congress on behalf of the Federal Judiciary, Chief Justice William H. Rehnquist said “the trend to federalize crimes that have traditionally been handled in state courts . . . threatens to change entirely the nature of Federal system.” Rehnquist further criticized Congress for yielding to the political pressure to “appear responsive to every highly publicized societal ill or sensational crime.”
Judiciary
We The People Act
4 March 2004 2004 Ron Paul 13:2
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.
Judiciary
We The People Act
4 March 2004 2004 Ron Paul 13:3
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.
Judiciary
We The People Act
4 March 2004 2004 Ron Paul 13:4
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 policies on state and local governments, instead of respecting the policies 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.
Judiciary
We The People Act
4 March 2004 2004 Ron Paul 13:5
Mr. 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 fifty 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 policies 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.
Judiciary
Introducing The American Justice For American Citizens Act
1 April 2004 2004 Ron Paul 26:1
Mr. PAUL. Mr. Speaker, I rise to introduce the American Justice for American Citizens Act, which exercises Congress’s Constitutional authority to regulate the federal judiciary to ensure that federal judges base their decisions solely on American Constitutional, statutory, and traditional common law. Federal judges increasing practice of “transjudicialism” makes this act necessary. Transjudicialism is a new legal theory that encourages judges to disregard American law, including the United States Constitution, and base their decisions on foreign law. For example, Supreme Court justices recently used international law to justify upholding race-based college admissions and overturning all state sodomy laws.
Judiciary
Introducing The American Justice For American Citizens Act
1 April 2004 2004 Ron Paul 26:6
Mr. Speaker, the drafters of the Constitution gave Congress the power to regulate the jurisdiction of federal courts precisely so we could intervene when the federal judiciary betrays its responsibility to uphold the Constitution and American law. Congress has a duty to use this power to ensure that judges base their decisions solely on American law.
Judiciary
Continuity In Representation Act
22 April 2004 2004 Ron Paul 28:8
Mr. Chairman, I am pleased to support H.R. 2844, the Continuity in Representation Act, introduced by my distinguished colleague, House Judiciary Committee Chairman JAMES SENSENBRENNER. H.R. 2844 provides a practical and Constitutional way to ensure that the House of Representatives can continue to operate in the event that more than 100 members are killed, H.R. 2844 thus protects the people’s right to choose their representatives at the time when such a right may be most important, while ensuring continuity of the legislative branch.
Judiciary
Protecting Marriage from Judicial Tyranny
July 22, 2004 2004 Ron Paul 64:2
The practice of judicial activism- legislating from the bench- is now standard procedure for many federal judges. They dismiss the doctrine of strict construction as outdated, instead treating the Constitution as fluid and malleable to create a desired outcome in any given case. For judges who see themselves as social activists, their vision of justice is more important than the letter of the law they are sworn to interpret and uphold. With the federal judiciary focused more on promoting a social agenda than on upholding the rule of law, Americans find themselves increasingly governed by judges they did not elect and cannot remove from office.
Judiciary
Federal Courts and the Pledge of Allegiance
September 23, 2004 2004 Ron Paul 71:1
Mr. Speaker, I am pleased to support, and cosponsor, the Pledge Protection Act (HR 2028), which restricts federal court jurisdiction over the question of whether the phrase “under God” should be included in the pledge of allegiance. Local schools should determine for themselves whether or not students should say “under God” in the pledge. The case finding it is a violation of the First Amendment to include the words “under God” in the pledge is yet another example of federal judges abusing their power by usurping state and local governments’ authority over matters such as education. Congress has the constitutional authority to rein in the federal courts’ jurisdiction and the duty to preserve the states’ republican forms of governments. Since government by the federal judiciary undermines the states’ republican governments, Congress has a duty to rein in rogue federal judges. I am pleased to see Congress exercise its authority to protect the states from an out-of-control judiciary.
Judiciary
Continuity In Representation Act
3 March 2005 2005 Ron Paul 26:1
Mr. PAUL. Mr. Chairman, I am pleased to support H.R. 841, the Continuity in Representation Act, introduced by my distinguished colleague, House Judiciary Committee Chairman JAMES SENSENBRENNER. H.R. 841 provides a practical and constitutional way to ensure that the House of Representatives can continue to operate in the event that more than 100 Members are killed, H.R. 841 thus protects the people’s right to choose their Representatives at the time when such a right may be most important, while ensuring continuity of the legislative branch.
Judiciary
The American Justice For American Citizens Act
14 April 2005 2005 Ron Paul 41:1
Mr. PAUL. Mr. Speaker, I rise to introduce the American Justice for American Citizens Act, which exercises Congress’s Constitutional authority to regulate the federal judiciary to ensure that federal judges base their decisions solely on American Constitutional, statutory, and traditional common law. Federal judges increasing practice of “transjudicialism” makes this act necessary. Transjudicialism is a new legal theory that encourages judges to disregard American law, including the United States Constitution, and base their decisions on foreign law. For example, Supreme Court justices have used international law to justify upholding race-based college admissions, overturning all state sodomy laws, and, most recently, to usurp state authority to decide the age at which criminals becomes subject to the death penalty.
Judiciary
The American Justice For American Citizens Act
14 April 2005 2005 Ron Paul 41:6
Mr. Speaker, the drafters of the Constitution gave Congress the power to regulate the jurisdiction of federal courts precisely so we could intervene when the federal judiciary betrays its responsibility to uphold the Constitution and American law. Congress has a duty to use this power to ensure that judges base their decisions solely on American law.
Judiciary
Gang Deterrence And Community Protection Act
11 May 2005 2005 Ron Paul 47:3
Those who want the American criminal justice system to actually deliver justice should oppose H.R. I279 because it imposes “mandatory minimum” sentences for certain gang- related crimes. Mandatory minimum sentences impose a “one-size-fits-all” formula in place of the discretion of a judge, or jury, to weigh all the circumstances surrounding an individual’s crime and decide on an appropriate punishment. Taking away judicial discretion over sentencing may represent a legislative usurpation of areas properly left to the judiciary. I have long been critical of judicial usurpation of legislative functions, and have introduced legislation using Congress’s constitutional powers to rein in the judiciary. However, I recognize that Congress must make sure it does not overstep its constitutional authority by imposing legislative solutions on matters best resolved by the judicial branch.
Judiciary
Gang Deterrence And Community Protection Act
11 May 2005 2005 Ron Paul 47:8
H.R. 1279 exceeds Congress’s constitutional authority by creating new Federal crimes, thus further burdening the already overwhelmed Federal judiciary system and taking another step toward upending our constitutional system by turning the States into administrative districts of the Federal Government. This bill also creates unwise mandatory minimum sentences, usurping the sentencing decisions of judges and juries. Finally, H.R. 1279 raises serious moral issues by expanding the use of the Federal death penalty. Therefore, I must oppose H.R. 1279 and urge my colleagues to do same.
Judiciary
An Article By Mr. Lee Jackson
14 June 2005 2005 Ron Paul 62:4
Distrust in the courts has upset the delicate balance between the legislature and the judiciary. When judges pick and choose the laws they will or will not enforce; when they dictate new law from the bench; when their standard strays from the Constitution and looks to current popular thinking and foreign decisions; or when judges bow before the force of political money during confirmation re-election cycles; when those things happen, citizens lose confidence in the ability to achieve justice, and turn to the legislature for relief. Therein lies new danger.
Judiciary
Protection Of Lawful Commerce In Arms Act
20 october 2005 2005 Ron Paul 106:7
I am particularly disturbed that the House of Representatives’ leadership has taken the unusual step of bringing S. 397 to the floor for a vote without House members at least having an opportunity to vote on removing the gun control amendments. Instead of voting on a bill that contains the new gun control provisions, we should be considering H.R. 800, the House version of S. 397 prior to its perversion by gun control amendments. Notably, Gun Owners of America has written to House members to request that they oppose S. 397 and, instead, support H.R. 800. Last month, I wrote to House Speaker DENNIS HASTERT, Majority Leader TOM DELAY, and Committee on the Judiciary Chairman JAMES SENSENBRENNER of my opposition to these anti-gun rights provisions in S. 397. While I am concerned about some of the federalism implications of H.R. 800, it is a far superior bill because it neither requires gun locks nor restricts gun owners’ ammunition choices.
Judiciary
Government Sponsored Enterprises
26 October 2005 2005 Ron Paul 108:10
Furthermore, my colleagues should consider the constitutionality of an “independent regulator.” The Founders provided for three branches of government — an executive, a judiciary, and a legislature. Each branch was created as sovereign in its sphere, and there were to be clear lines of accountability for each branch. However, independent regulators do not fit comfortably within the three branches; nor are they totally accountable to any branch. Regulators at these independent agencies often make judicial-like decisions, but they are not part of the judiciary. They often make rules, similar to the ones regarding capital requirements, that have the force of law, but independent regulators are not legislative. And, of course, independent regulators enforce the laws in the same way, as do other parts of the executive branch; yet independent regulators lack the day-to-day accountability to the executive that provides a check on other regulators.
Judiciary
Introducing We The People
17 November 2005 2005 Ron Paul 122:2
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.
Judiciary
Introducing We The People
17 November 2005 2005 Ron Paul 122:3
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.
Judiciary
Introducing We The People
17 November 2005 2005 Ron Paul 122:4
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 40 of the Untied 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.
Judiciary
Introducing We The People
17 November 2005 2005 Ron Paul 122:5
Mr. 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 polices regarding issues such as marriage and school prayer.
Judiciary
The End Of Dollar Hegemony
15 February 2006 2006 Ron Paul 3:116
Finally, why not try something novel like having Congress act as an independent and equal branch of government? Restore the principle of the separation of powers so that we can perform our duty to provide checks and balances on an executive branch and an accommodating judiciary that spies on Americans, glorifies the welfare state, fights undeclared wars, and enormously increases the national debt.
Judiciary
S. 2271 Fails To Address The Constitutional Flaws In The PATRIOT Act
7 March 2006 2006 Ron Paul 9:2
The Chairman of the Senate Judiciary Committee essentially admitted that S. 2271 does nothing to address the core concerns constitutionalists and civil libertarians have with the PATRIOT Act. In fact, he has announced his intention to introduce his own PATRIOT Act reform bill! However, if S. 2271 passes and PATRIOT Act extension becomes law, it is highly unlikely that this Congress will consider any other PATRIOT Act reform legislation.
Judiciary
Introduction Of The We The People Act
29 June 2006 2006 Ron Paul 51:2
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.
Judiciary
Introduction Of The We The People Act
29 June 2006 2006 Ron Paul 51:3
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.
Judiciary
Introduction Of The We The People Act
29 June 2006 2006 Ron Paul 51:4
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.
Judiciary
Introduction Of The We The People Act
29 June 2006 2006 Ron Paul 51:5
Mr. 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 fifty 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 polices regarding issues such as marriage and school prayer.
Judiciary
Warrantless Wiretaps
28 september 2006 2006 Ron Paul 91:2
Instead of creating standards for warrantless wiretapping, H.R. 5825 leaves it to the President to determine when “imminent” threat requiring warrantless wiretapping exists. The legislation does not even define what constitutes an imminent threat; it requires the executive branch to determine when a threat is “imminent.” By passing this bill, Congress is thus abdicating its constitutional role while making it impossible for the judiciary to perform its constitutional function.
Judiciary
Introducing We The People
5 January 2007 2007 Ron Paul 9:2
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.
Judiciary
Introducing We The People
5 January 2007 2007 Ron Paul 9:3
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.
Judiciary
Introducing We The People
5 January 2007 2007 Ron Paul 9:4
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 Untied 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.
Judiciary
Introducing We The People
5 January 2007 2007 Ron Paul 9:5
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 fifty 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 policies 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.
Judiciary
Federal Housing Finance Reform Act Of 2007
17 May 2007 2007 Ron Paul 52:10
Furthermore, my colleagues should consider the constitutionality of an “independent regulator.” The Founders provided for three branches of government — an executive, a judiciary, and a legislature. Each branch was created as sovereign in its sphere, and there were to be clear lines of accountability for each branch. However, independent regulators do not fit comfortably within the three branches; nor are they totally accountable to any branch. Regulators at these independent agencies often make judicial-like decisions, but they are not part of the judiciary. They often make rules, similar to the ones regarding capital requirements, that have the force of law, but independent regulators are not legislative. And, of course, independent regulators enforce the laws in the same way, as do other parts of the executive branch; yet independent regulators lack the day-to-day accountability to the executive that provides a check on other regulators.
Judiciary
Question Of The Privileges Of The House
6 November 2007 2007 Ron Paul 102:1
Mr. PAUL. Mr. Speaker, I rise, reluctantly, in favor of the motion to table House Resolution 799, Impeaching Richard B. Cheney, Vice President of the United States, of high crimes and misdemeanors, and in favor of referring that resolution to the House Judiciary Committee for full consideration. I voted to table this resolution not because I do not share the gentleman from Ohio’s desire to hold those responsible for the Iraqi debacle accountable; but rather, because I strongly believe that we must follow established protocol in matters of such importance. During my entire time in Congress, I have been outspoken in my opposition to war with Iraq and Iran. I have warned my colleagues and the administration against marching toward war in numerous speeches over the years, and I have voted against every appropriation to continue the war on Iraq.
Judiciary
Question Of The Privileges Of The House
6 November 2007 2007 Ron Paul 102:2
I have always been strongly in favor of vigorous congressional oversight of the executive branch, and I have lamented our abrogation of these Constitutional obligations in recent times. I do believe, however, that this legislation should proceed through the House of Representatives following regular order, which would require investigation and hearings in the House Judiciary Committee before the resolution proceeds to the floor for a vote. This time- tested manner of moving impeachment legislation may slow the process, but in the long run it preserves liberty by ensuring that the House thoroughly deliberates on such weighty matters. In past impeachments of high officials, including those of Presidents Nixon and Clinton, the legislation had always gone through the proper committee with full investigation and accompanying committee report.
Judiciary
Question Of The Privileges Of The House
6 November 2007 2007 Ron Paul 102:4
I was pleased that the House did vote in favor of sending this legislation to the Judiciary Committee, which essentially directs the committee to examine the issue more closely than it has done to this point.
Judiciary
The Austrians Are Right
November 20, 2008 2008 Ron Paul 71:2
Except for a rare few, Members of Congress are unaware of Austrian Free Market economics. For the last 80 years, the legislative, judiciary and executive branches of our government have been totally influenced by Keynesian economics. If they had had any understanding of the Austrian economic explanation of the business cycle, they would have never permitted the dangerous bubbles that always lead to painful corrections.
Judiciary
INTRODUCING WE THE PEOPLE
January 14, 2009 2009 Ron Paul 9:2
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.
Judiciary
INTRODUCING WE THE PEOPLE
January 14, 2009 2009 Ron Paul 9:3
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.
Judiciary
INTRODUCING WE THE PEOPLE
January 14, 2009 2009 Ron Paul 9:4
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.
Judiciary
INTRODUCING WE THE PEOPLE
January 14, 2009 2009 Ron Paul 9:5
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.
Judiciary
Impeachment Of Judge Samuel Kent
June 19, 2009 2009 Ron Paul 73:1
Mr. PAUL. Mr. Speaker, as the House of Representatives Member for Galveston, Texas, I have followed the case of Judge Samuel Kent with great interest. My study of the facts of this case has convinced me that the House Committee on the Judiciary made the correct decision in recommending that Judge Kent be impeached. Unfortunately, because of a commitment in my congressional district, I was only able to be on the House floor for the vote on the first count. Had I been on the House floor for the vote, I would have voted for all four counts of impeachment. I hope the Senate expeditiously acts on this matter.
Judiciary
For sake of Rule of Law, Congress must proceed
28 September 1998 Texas Straight Talk 28 September 1998 verse 9 ... Cached
Currently, the Judiciary Committee of the House of Representatives is looking into the report issued by the Office of the Independent Prosecutor on charges that the president lied under oath.
Judiciary
Punishing accidents, ignoring murder
20 September 1999 Texas Straight Talk 20 September 1999 verse 5 ... Cached
The House Judiciary Committee voted last week to approve the "Violence to Unborn Children." At its surface, this legislation has some appeal, despite the fact it unconstitutionally creates yet another federal crime. It is important to recall that the Constitution only allows three federal crimes: treason, counterfeiting and piracy.
Judiciary
Budget Standoff Continues
15 November 1999 Texas Straight Talk 15 November 1999 verse 6 ... Cached
The Commerce Justice State Judiciary appropriations Act was sent to the President with an 11% increase over just last fiscal year (and we are told the era of big government is over). This bill's failure to dictate to the President's liking how state and local governments conduct law enforcement activity was the reason, in part, for this veto. Never mind that the Constitution's enumerated powers clause and tenth amendment leave this matter entirely up to the States.
Judiciary
Taking the Next Step
29 November 1999 Texas Straight Talk 29 November 1999 verse 9 ... Cached
I have also introduced the Separation of Powers Restoration Act. Again, based on reestablishing our Republic along the lines understood by our founding fathers, this bill is aimed at stopping Presidential usurpation of the constitutionally enumerated legislative powers. Through the vehicle of the executive order, various Presidents have encroached upon Congressional powers. Sadly, this has often occurred with the benign neglect, or even support of our legislative branch. This bill, which rapidly received a hearing in a key sub-committee of the House Judiciary committee, will continue to be a focal point for my activity in the next session of Congress. And, hopefully, it will continue to attract interest from a multitude of media outlets, as well as support from freedom loving Americans across our nation.
Judiciary
Floor Votes Reviewed
06 December 1999 Texas Straight Talk 06 December 1999 verse 4 ... Cached
During the recently concluded session of Congress, I was able to get floor votes on a number of amendments that I proposed. The first amendment I introduced was to HR 1658, a bill introduced by Judiciary Committee Chairman Henry Hyde, aimed at overhauling the nation's civil asset forfeiture laws.
Judiciary
Activist Courts Threaten Our Liberty
04 December 2000 Texas Straight Talk 04 December 2000 verse 7 ... Cached
The real victim, of course, is the Constitution and our liberty. The Founding Fathers created three coequal branches of government so that federal power never could grow unchecked. Their goal was to safeguard liberty. The judiciary was charged with preserving liberty by overturning laws which violated the Constitution; otherwise its role was to effectuate the intent of Congress. Over the past century, however, the unconstitutional notion of judicial supremacy has emerged in American politics. We have come to view courts as omnipotent superlegislatures which can substitute their wisdom rather than follow the law.
Judiciary
Federal Courts and the Imaginary Constitution
11 August 2003 Texas Straight Talk 11 August 2003 verse 2 ... Cached
It’s been a tough summer for social conservatives, thanks to our federal courts. From “gay rights” to affirmative action to Boy Scouts to the Ten Commandments, federal courts recently have issued rulings that conflict with both the Constitution and overwhelming public sentiment. Conservatives and libertarians who once viewed the judiciary as the final bulwark against government tyranny must now accept that no branch of government even remotely performs its constitutional role.
Judiciary
Federal Courts and the Imaginary Constitution
11 August 2003 Texas Straight Talk 11 August 2003 verse 3 ... Cached
The practice of judicial activism- legislating from the bench- is now standard for many federal judges. They dismiss the doctrine of strict construction as hopelessly outdated, instead treating the Constitution as fluid and malleable to create a desired outcome in any given case. For judges who see themselves as social activists, their vision of justice is more important than the letter of the laws they are sworn to interpret and uphold. With the federal judiciary focused more on promoting a social agenda than upholding the rule of law, Americans find themselves increasingly governed by men they did not elect and cannot remove from office.
Judiciary
Federal Courts and the Imaginary Constitution
11 August 2003 Texas Straight Talk 11 August 2003 verse 7 ... Cached
The political left increasingly uses the federal judiciary to do in court what it cannot do at the ballot box: advance an activist, secular, multicultural political agenda of which most Americans disapprove. This is why federal legal precedents in so many areas do not reflect the consensus of either federal or state legislators. Whether it’s gun rights, abortion, taxes, racial quotas, environmental regulations, gay marriage, or religion, federal jurists are way out of touch with the American people. As a society we should reconsider the wisdom of lifetime tenure for federal judges, while Congress and the President should remember that the Supreme Court is supreme only over other federal courts- not over the other branches of government. It’s time for the executive and legislative branches to show some backbone, appoint judges who follow the Constitution, and remove those who do not.
Judiciary
Congress Cannot Be Appointed
26 January 2004 Texas Straight Talk 26 January 2004 verse 3 ... Cached
I strongly oppose this constitutional amendment, because I believe an appointed Congress would become an unaccountable, tyrannical Congress. Over the past year I met with top scholars, attorneys, and colleagues who reject the idea of an appointed House of Representatives. Fortunately, we had success in turning many members of Congress against the proposal through a series of public lectures, meetings, and published articles. Legislation I cosponsored, recently passed by the House Judiciary committee, will enable congressional districts around the nation to hold emergency elections without resorting to political appointments. The bill has the support of congressional leadership, and should reach the House floor in coming months.
Judiciary
Congress Cannot Be Appointed
26 January 2004 Texas Straight Talk 26 January 2004 verse 6 ... Cached
One very important point should be emphasized: the Constitution already provides the framework for Congress to function after a catastrophic event. Article I section 2 instructs state governors to hold special elections to fill congressional vacancies, while Article I section 4 authorizes Congress to designate the “time, place, and manner” of such special elections if states should fail to act quickly following a national emergency. The legislation passed by the Judiciary committee simply exercises the existing congressional power by requiring states to hold special elections within 21 days after the House Speaker or acting Speaker declares that a majority of House members are incapacitated.
Judiciary
Gay Marriage Quicksand
01 March 2004 Texas Straight Talk 01 March 2004 verse 7 ... Cached
The choices are not limited to either banning gay marriage at the federal level, or giving up and accepting it as inevitable. A far better approach, rarely discussed, is for Congress to exercise its existing constitutional power to limit the jurisdiction of federal courts. Congress could statutorily remove whole issues like gay marriage from the federal judiciary, striking a blow against judicial tyranny and restoring some degree of states’ rights. We seem to have forgotten that the Supreme Court is supreme only over lower federal courts; it is not supreme over the other branches of government. The judiciary is co-equal under our federal system, but too often it serves as an unelected, unaccountable legislature.
Judiciary
Resisting Judicial Tyranny
26 July 2004 Texas Straight Talk 26 July 2004 verse 2 ... Cached
The US House passed the Marriage Protection Act last week, a bill designed to ensure that the “full faith and credit” clause of the Constitution is not used to impose gay marriage on Texas or any other state. You may remember Congress passed the Defense of Marriage Act in 1996, which explicitly authorizes states to refuse recognition of gay marriages performed in other states. However, the lack of respect federal judges show for the plain language of the Constitution necessitated further congressional action. The Act underscores an important legal point: Marbury vs. Madison did not alter the congressional power to regulate and limit federal court jurisdiction, which is plainly stated in Article III. The drafters of the Constitution gave Congress the power to limit federal jurisdiction to provide a check on out-of-control federal judges. In other words, the federalist concept of checks and balances applies to the judiciary just as it does to the legislative and executive branches. The Marriage Protection Act represents a long-overdue exercise of the congressional power to limit and define federal court jurisdiction.
Judiciary
The Imperial Judiciary
04 October 2004 Texas Straight Talk 04 October 2004 verse 1 ... Cached
The Imperial Judiciary
Judiciary
The Imperial Judiciary
04 October 2004 Texas Straight Talk 04 October 2004 verse 4 ... Cached
Judicial activism, the practice of judges ignoring the law and deciding cases based on their personal political views, has intensified in the decades since Roe v. Wade. This practice is now standard for many federal judges. They dismiss the doctrine of strict construction as hopelessly outdated, instead treating the Constitution as fluid and malleable to create a desired outcome in any given case. For judges who see themselves as social activists, their vision of justice is more important than the letter of the laws they are sworn to interpret and uphold. With the federal judiciary focused more on promoting a social agenda than upholding the rule of law, Americans find themselves increasingly governed by men they did not elect and cannot remove from office.
Judiciary
The Imperial Judiciary
04 October 2004 Texas Straight Talk 04 October 2004 verse 8 ... Cached
The political left increasingly uses the federal judiciary to do in court what it cannot do at the ballot box: advance an activist, secular, multicultural political agenda of which most Americans disapprove. As a society we should reconsider the wisdom of lifetime tenure for federal judges, and pay closer attention to the judicial nomination procedure. It’s time for the executive and legislative branches to show some backbone, appoint judges who follow the Constitution, and remove those who do not. It’s also time for Congress to start establishing clear limits on federal judicial power.
Judiciary
Politics and Judicial Activism
15 August 2005 Texas Straight Talk 15 August 2005 verse 6 ... Cached
Judicial activism, after all, is the practice of judges ignoring the law and deciding cases based on their personal political views. With the federal judiciary focused more on legislating social policy than upholding the rule of law, Americans find themselves increasingly governed by men they did not elect and cannot remove from office.
Judiciary
Politics and Judicial Activism
15 August 2005 Texas Straight Talk 15 August 2005 verse 8 ... Cached
The congressional power to strip federal courts of jurisdiction is plainly granted in Article III, and no constitutional amendments are required. On the contrary, any constitutional amendment addressing judicial activism would only grant legitimacy to the dangerous idea that social issues are federal matters. Giving more authority over social matters to any branch of the federal government is a mistake, because a centralized government is unlikely to reflect local sentiment for long. Both political parties are guilty of ignoring the 9th and 10th amendments, and federalizing whole areas of law that constitutionally should be left up to states. This abandonment of federalism and states’ rights paved the way for an activist federal judiciary.
Judiciary
Politics and Judicial Activism
15 August 2005 Texas Straight Talk 15 August 2005 verse 9 ... Cached
The public also plays a role in the erosion of our judiciary. Since many citizens lack basic knowledge of our Constitution and federalist system, they are easily manipulated by media and academic elites who tell them that judges are the absolute and final arbiters of US law. But the Supreme Court is not supreme over the other branches of government; it is supreme only over lower federal courts. If Americans wish to be free of judicial tyranny, they must at least develop basic knowledge of the judicial role in our republican government. The present state of affairs is a direct result of our collective ignorance.
Judiciary
Our Political Federal Courts
10 October 2005 Texas Straight Talk 10 October 2005 verse 8 ... Cached
The Constitution above all is a document that limits the power of the federal government. The fundamental point that has been lost in our national discourse is this: the Constitution prohibits the federal government, including the federal judiciary, from doing all kind of things. Until we have federal judges who understand this, it matters little what political stripes or experience they bring to the bench. The Constitution does not empower government and grant rights, it restricts government in order to safeguard preexisting rights. When federal courts disregard this principle, acting as legislatures or failing to enforce constitutional limitations, we get the worst kind of unaccountable government.
Judiciary
Federal Courts and the Growth of Government Power
16 January 2006 Texas Straight Talk 16 January 2006 verse 10 ... Cached
The ramifications of these assertions are very serious. They mean the Supreme Court not only can invalidate the actions of Congress or the President, but also craft de facto laws that cannot be undone by the people's elected legislators! This is wildly beyond the role of the federal judiciary as envisioned by the founders. They certainly never intended to create an unelected, lifetime-tenured, superlegislature.
Judiciary
Federal Courts and the Growth of Government Power
16 January 2006 Texas Straight Talk 16 January 2006 verse 11 ... Cached
Our federal courts, like the rest of our federal government, have become far too powerful. When federal judges impose their preferred policies on the American people, the ability of average citizens to influence the laws under which they must live diminishes. This is why every American should read or reread the Constitution and the Federalist Papers. Only when we understand the proper role of the judiciary in our federal system will we stop viewing judges as purveyors of social, political, and economic rules for our nation.
Texas Straight Talk from 20 December 1996 to 23 June 2008 (573 editions) are included in this Concordance. Texas Straight Talk after 23 June 2008 is in blog form on Rep. Paul’s Congressional website and is not included in this Concordance.
Remember, not everything in the concordance is Ron Paul’s words. Some things he quoted, and he added some newspaper and magazine articles to the Congressional Record. Check the original speech to see.