SUBCOMMITTEE ON COURTS, THE INTERNET, OF THE COMMITTEE ON THE JUDICIARY ONE HUNDRED EIGHTH CONGRESS SECOND SESSION ON H.R. 3799 SEPTEMBER 13, 2004 Serial No. 105 Printed for the use of the Committee on the Judiciary Available via the World Wide Web: http://www.house.gov/judiciary 95-803 PDF U.S. GOVERNMENT PRINTING OFFICE For sale by the Superintendent of Documents, U.S. Government Printing Office The Honorable Lamar Smith, a Representative in Congress From the State of Texas, and Chairman, Subcommittee on Courts, the Internet, and Intel- The Honorable Howard L. Berman, a Representative in Congress From the State of California, and Ranking Member, Subcommittee on Courts, the Internet, and Intellectual Property The Honorable Robert B. Aderholt, a Representative in Congress From the MATERIAL SUBMITTED FOR THE HEARING RECORD Prepared Statement of the Honorable Howard Berman Prepared Statement of the Honorable John Conyers, Jr. Supplemental Prepared Statement of the Honorable Roy S. Moore Letter to the Honorable Lamar Smith, Chairman, Subcommittee on Courts, the Internet and Intellectual Property and the Honorable Howard Berman, Ranking Member, Subcommittee on Courts, the Internet and Intellectual Property from Mr. Michael J. Gerhardt, The College of William & Mary, CONSTITUTION RESTORATION ACT OF 2004 MONDAY, SEPTEMBER 13, 2004 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COURTS, THE INTERNET, AND INTELLECTUAL PROPERTY, The Subcommittee met, pursuant to notice, at 4:40 p.m., in Room 2141, Rayburn House Office Building, Hon. Lamar Smith (Chair of the Subcommittee) presiding. Mr. SMITH. This Subcommittee on Courts, the Internet, and Intellectual Property will come to order. Today's hearing is on H.R. 3799, the "Constitution Restoration Act of 2004." I am going to recognize myself for an opening statement, then the Ranking Minority Member, Mr. Berman, and then proceed to introduce the witnesses. Without objection, all Members will be able to submit their opening statements for the record. And also without objection we will include the entire testimony of all witnesses today since, as they know, we are limited to 5 minutes for each of their testimonies. Today's hearing addresses an important subject matter, the right of Congress to prevent the Supreme Court and the lower Federal courts from reviewing a specialized category of cases that touches upon religious faith. The legislation before us that facilitates this also imposes a tough penalty, impeachment on any Federal judge who ignores Congress's directive. The bill addresses tangential but related issues as well, including the obligation of State courts to observe Federal precedence and the ability of Federal judges to use foreign legal services-excuse me, foreign legal sources when interpreting the Constitution. H.R. 3799 is the latest in a series of legislative and oversight responses to questionable, or at least controversial Federal court decisions. For the most part, I subscribe to the notion that the American justice system is the envy of the world. But it is far from perfect, as the behavior of unprincipled trial lawyers and activist judges attest. Religious faith and practice are part of the American culture. Many of our ancestors fled to the colonies that became this country to avoid religious persecution. Hundreds of years later, our respective faiths inform and influence our behavior as individuals and as a Nation. I firmly believe that Americans are the most prosperous and caring people in world history, largely because we are a religious people. But our status as the leader of the free and civilized world is also based on our commitment to the rule of law. All are bound by it from presidents to truck drivers to judges to waitresses. We can(1) |