2003 Legislation
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HOUSE JOINT MEMORIAL NO. 4 – U.S. Court of Appeals, new circuit

HOUSE JOINT MEMORIAL NO. 4

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HJM004....................................................by WAYS AND MEANS
UNITED STATES COURT OF APPEALS - Stating findings of the Legislature
regarding decisions of the United States Court of Appeals for the Ninth
Circuit and urging the Idaho delegation in the Congress of the United
States to sponsor and support creation of a new circuit for better regional
representation and to place Idaho in the new circuit.
                                                                        
02/17    House intro - 1st rdg - to printing
02/18    Rpt prt - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/05    3rd rdg - ADOPTED - 55-13-2
      AYES -- AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell,
      Black, Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Deal, Denney, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Jones, Kellogg, Kulczyk, Lake,
      Langford, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
      Nielsen, Raybould, Ridinger, Roberts, Rydalch, Sali, Schaefer,
      Shepherd, Shirley, Skippen, Smylie, Snodgrass, Stevenson, Tilman,
      Trail, Wills, Wood, Mr. Speaker
      NAYS -- Bieter, Boe, Douglas, Henbest, Jaquet, Langhorst, Martinez,
      Naccarato, Ringo, Robison, Sayler, Smith(30), Smith(24)
      Absent and excused -- Cuddy, Ring
    Floor Sponsor - Barrett
    Title apvd - to Senate
03/06    Senate intro - 1st rdg - to Jud
03/13    Rpt out - rec d/p - to 10th Ord
03/17    10th ord - ADOPTED - voice vote
    Floor Sponsor - Darrington
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed
03/24    To Secretary of State

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                 HOUSE JOINT MEMORIAL NO. 4
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                   A JOINT MEMORIAL
  2    TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED  STATES  IN  CONGRESS
  3        ASSEMBLED,  AND  TO THE CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF
  4        IDAHO IN THE CONGRESS OF THE UNITED STATES.
                                                                        
  5        We, your Memorialists, the House of Representatives and the Senate of  the
  6    State  of  Idaho  assembled  in the First Regular Session of the Fifty-seventh
  7    Idaho Legislature, do hereby respectfully represent that:
                                                                        
  8        WHEREAS, the government of the United States of America and of the several
  9    states were created and rest upon settled principles of the rule of law; and
 10        WHEREAS, the  proper,  orderly  and  reliable  administration  of  justice
 11    depends  upon fairness, impartiality, absence of bias or prejudice, absence of
 12    political dogma, and respect for the Constitution  of  the  United  States  of
 13    America,  which all judges are bound by oath of office to support and enforce,
 14    and upon judicial restraint; and
 15        WHEREAS, the United States Court of Appeals for the Ninth  Circuit  has  a
 16    history  of ignoring and violating these cornerstones of the administration of
 17    justice and of deciding cases in ways  which  place  political  dogma,  social
 18    engineering,  and  personal  doctrines  of world view ahead of proper judicial
 19    neutrality; and
 20        WHEREAS, the liberal, environmental tendencies of the Ninth Circuit do not
 21    reflect the political philosophies of the citizens of  Idaho,  thus  weakening
 22    the traditional economic foundation of the state; and
 23        WHEREAS, the said court has most recently misread, misinterpreted and mis-
 24    applied the Second Amendment to the Constitution of the United States, thereby
 25    imposing  an  unnatural, distorted meaning to that amendment which ignores its
 26    plain and clear meaning to protect the right of the people to  keep  and  bear
 27    arms  in such a way that the amendment is twisted into guaranteeing that right
 28    only to the National Guard, such ruling being at odds with logic and  judicial
 29    reason; and
 30        WHEREAS,  decisions  of  the  Ninth Circuit Court of Appeals are more fre-
 31    quently overturned by the United States Supreme Court than any  other  circuit
 32    in the country; and
 33        WHEREAS,  the  Ninth  Circuit  Court  decision that "God" in the Pledge of
 34    Allegiance violates the principle of the separation of church and  state,  and
 35    undermines the Judeo-Christian base upon which our country was founded; and
 36        WHEREAS,  the Ninth Circuit Court of Appeals is geographically the largest
 37    of the circuit courts in the nation, and is already overburdened with a  large
 38    caseload; and
 39        WHEREAS,  the  great  state  of Idaho and its citizens deserve to live and
 40    prosper under the Constitution of the United States  of  America  as  written,
 41    free from abuse and distortion.
 42        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
 43    of  the  Fifty-seventh Idaho Legislature, the House of Representatives and the
 44    Senate concurring therein, that we urge the Idaho  delegation  in  the  United
                                                                        
                                           2
                                                                        
  1    States  Congress to sponsor and support legislation to create a new Circuit of
  2    the United States Court of Appeals for better regional representation, wherein
  3    the judges thereof administer justice fairly, impartially and free  from  bias
  4    and distortion of the Constitution of the United States, and to place Idaho in
  5    this new circuit.
  6        BE  IT  FURTHER  RESOLVED that the Chief Clerk of the House of Representa-
  7    tives be, and she is hereby authorized and directed to forward a copy of  this
  8    Memorial to the President of the Senate and the Speaker of the House of Repre-
  9    sentatives  of  Congress,  and  the  congressional delegation representing the
 10    State of Idaho in the Congress of the United States.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12965
This House Joint Memorial urges the Idaho delegation in the United
States Congress to sponsor and support legislation to create a new
circuit of the United States Court of Appeals for better regional
representation, wherein the judges thereof administer justice
fairly, impartially and free from bias and distortion of the
Constitution of the United States, and to place Idaho in this new
circuit.


                          FISCAL IMPACT
There is no fiscal impact.


Contact
Phone: 332-1000
Name: Rep Lenore Barrett      Rep Clete Edmundson
      Rep JoAn E Wood         Rep Henry Kulczyk
      Rep Charles Eberle      Rep Peter Nielsen
 


STATEMENT OF PURPOSE/FISCAL NOTE            HJM