Pledge Protection Act Of 2005
I thank the distinguished majority whip for yielding. Mr. Chairman, I rise in strong support of the Pledge Protection Act and commend its author, the gentleman from Missouri (Mr. Akin) for his yeoman's work on this thoughtful legislation.…
I thank the distinguished majority whip for yielding.
Mr. Chairman, I rise in strong support of the Pledge Protection Act and commend its author, the gentleman from Missouri (Mr. Akin) for his yeoman's work on this thoughtful legislation.
As a member of the Judiciary Committee, I admire my colleagues on the other side of the aisle for their intellectual acumen and their commitment to their view and their philosophy of government. But while each of us may have a different philosophy of government, we don't get to have different facts.
The clear policy of Article III, section 2 of the United States Constitution reads, ``In all other cases before mentioned, the Supreme Court shall have developed jurisdiction, but it is the law and the fact with such exceptions and under such exceptions as the Congress shall make.'' It is black letter law in the Constitution of the United States of America that this body, this Congress, shall have the authority to set the jurisdiction of the courts.
So if I may say, respectfully, let us stop with all the conversation about anticonstitutional action being taken. In fact, restricting the Federal courts' jurisdiction is a common practice in the House of Representatives, and a long litany of recent legislation, like the Black Hills National Forest, the recent Class Action Fairness Act, attests to that.
But we are here about the business of protecting the contents of the Pledge of Allegiance, which some Federal courts have either resolved as unconstitutional or left unresolved.
We stand here today to say those words, which appear above you, Mr. Chairman, in the phrase ``in God we trust'' in our national model, words which were reflected in our founding documents that speak of a Nation that believes its rights are endowed by our Creator, and words that President Abraham Lincoln spoke at Gettysburg, that this is one Nation under God, be protected and vouchsafed in our Pledge.
Let us take this jurisdiction away, which is our constitutional power to do, and leave that power with the people of the United States and the States severally.