HON. RON PAUL
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, March 4, 2004
2004 Ron Paul 13:1
Mr. PAUL. Mr. 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 policies 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 acts limitations on judicial power
shall either be impeached by Congress or removed
by the president, according to rules established
by the Congress.
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.
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.
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
Amendments 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 cant place manger scenes at Christmas.
2004 Ron Paul 13:5
Mr. Speaker, even some supporters of liberalized abortion laws have admitted that the
Supreme Courts Roe v. Wade decision, which
overturned the abortion laws of all fifty states,
is flawed. The Supreme Courts 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.
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Unless Congress acts, a states authority to define and regulate marriage may be the next
victim of activist judges. After all, such a decision
would simply take the Supreme Courts
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.
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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.
2004 Ron Paul 13:8
It is long past time that Congress exercises its authority to protect the republican government
of the states from out-of-control federal
judges. Therefore, I urge my colleagues to cosponsor
the We the People Act.