Rep. Ron Paul (R-TX) introduced the Orwellian-named “We The People Act” again last week, which seeks to prohibit the Supreme Court — and all federal courts — from ruling on cases involving religious liberty, sexual orientation, family relations, education, and abortion. This would effectively allow the fifty states fifty different codes on all social issues, and devour the “full faith and credit clause,” also known as Article Four, Section 1, of the United States Constitution, as well as weaken due process under the Fourteenth Amendment.
The bill, which is now in the hands of the House Judiciary Committee’s Subcommittee on the Constitution and may or may not even make it out of committee. The ultra-conservative Rep. Trent Franks is that committee’s Chairman, and its Vice-Chair is the social ultra-conservative Rep. Mike Pence. The bill currently has no co-sponsors.
Paul originally introduced the bill in 2004, then again in 2009.
The text of the bill includes this language:
The Supreme Court of the United States and each Federal court–
(1) shall not adjudicate–
(A) any claim involving the laws, regulations, or policies of any State or unit of local government relating to the free exercise or establishment of religion;
(B) any claim based upon the right of privacy, including any such claim related to any issue of sexual practices, orientation, or reproduction; or
(2) shall not rely on any judicial decision involving any issue referred to in paragraph (1).
But it does add that federal courts, including the Supreme Court, “are not prevented from determining the constitutionality of any Federal statute or administrative rule or procedure in considering any case arising under the Constitution of the United States.”
So, a Supreme Court case on DOMA would be OK — because it deals with a federal law — but a Supreme Court case on Prop 8 — because it deals with a state constitution, not the federal constitution — would not be OK.
Ron Paul’s “We The People Act” is not OK. Fortunately, it doesn’t look like it has much chance of passing. For now.