During the 109th Congress several members who were unhappy with Supreme Court decisions began to push for a bill to prevent federal courts from hearing challenges to?

Answer 1

The House of Representatives issued resolutions designed to strip the federal courts of jurisdiction over two pieces of legislation: The Defense of Marriage Act of 2005 (died in committee) and the Pledge Protection Act of 2005 (amended version passed the House in 2006). The Senate had a bill comparable to the Pledge Protection Act, but took no action on it.

Certain members of Congress wanted to reaffirm the pledge phrase "One Nation, Under God" and prevent the Supreme Court from prohibiting a mention of God under the Establishment Clause. Other members of Congress wanted to prevent federal courts from declaring state laws preventing same-sex marriage unconstitutional. Both Resolutions are summarized below (from Eagle Forum, a conservative website):

H.R. 1100, Marriage Protection Act of 2005

Sponsored by Rep. John Hostettler (R-IN), this bill removes jurisdiction from all federal courts regarding the Defense of Marriage Act (DOMA). Under Article III, Section 2 of the U.S. Constitution, Congress has the power to limit jurisdiction of the federal courts, including the U.S. Supreme Court. In 1996, Congress overwhelmingly passed the Defense of Marriage Act (DOMA), which defines marriage as the union between one man and one woman and also interprets the Full Faith and Credit Clause of the U.S. Constitution to permit each state to define marriage within its jurisdiction. Even though DOMA is solid law, many legal scholars are now warning that activist courts will strike it down. The Marriage Protection Act of 2005 (H.R. 1100) would not stop the state courts from acting, but it would stop federal court mischief, especially across appellate circuits. This bill is awaiting action in the House Judiciary Committee.

In the 108th Congress, the House passed the Marriage Protection Act of 2004 (H.R. 3313) on July 22, 2004 by a vote of 233-194, but the Senate took no action.

H.R. 2389 / S.1046, Pledge Protection Act of 2005

Due to the outrageous June 2002 ruling by the Ninth Circuit Court of Appeals regarding the reference to God in the Pledge of Allegiance, Congress voted to reaffirm the phrase "One Nation, Under God." Rep. Todd Akin (R-MO) wants to move a step further by removing the jurisdiction of the federal courts (including the U.S. Supreme Court) from cases involving the Pledge of Allegiance. Therefore, only state courts whose judges are elected (or retained in office) by the voters would hear Pledge cases. This bill is a practical legislative tool to check the power of the courts.

After two hostile amendments were defeated, the Pledge Protection Act passed the House on July 19, 2006 by a vote of 260-167.

In the 108th Congress, the House passed the Pledge Protection Act of 2004 (H.R. 2028) on Sept. 23, 2004 by a vote of 247-173, but the Senate took no action.

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