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Bill· HRH.R. 1358 (111th)open
United States · United States Congress · 5 March 2009
Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act - Reaffirms federal recognition and the rights and privileges of the Burt Lake Band of Ottawa and Chippewa Indians in Cheboygan County, Michigan. Extends to the Band eligibility for all federal services and benefits available to other federally recognized Indian tribes. Designates the service area for the delivery of federal services to the Band and to other Indians in the area of Cheboygan County, Michigan. Directs the Secretary of the Interior to acquire land in Cheboygan County, Michigan, and in other geographic areas and to hold such lands in trust for the benefit of the Band. Sets forth criteria and evidentiary requirements for determining the initial membership of the Band. Requires the Band to provide a copy of its base roll to the Assistant Secretary for Indian Affairs within one year after the enactment of this Act. Provides that the initial constitution of the Band shall be the constitution submitted by the Band to the Office of Federal Acknowledgment on May 2, 2005.
Bill· HRH.R. 1304 (111th)referred
United States · United States Congress · 4 March 2009
Free Speech Protection Act of 2009 - Allows any U.S. person against whom a lawsuit for defamation is brought in a foreign country on the basis of the content of any speech by that person that has been published, uttered, or otherwise disseminated primarily in the United States to bring an action in a U.S. district court against any person who, or entity which, brought the suit, if the speech at issue in the foreign lawsuit does not constitute defamation under U.S. law. Allows the award of treble damages if it is determined by a preponderance of the evidence that the person or entity bringing the foreign lawsuit intentionally engaged in a scheme to suppress rights under the First Amendment to the Constitution by discouraging publishers or other media from publishing, or by discouraging financial supporters from employing, retaining, or supporting the research, writing, or other speech of an individual.
Bill· HRH.R. 1318 (111th)referred
United States · United States Congress · 4 March 2009
Afghanistan-Pakistan Security and Prosperity Enhancement Act - Authorizes the President to designate Reconstruction Opportunity Zones within Afghanistan or Pakistan, provided certain eligibility criteria are met, including that: (1) such countries establish, or make progress toward establishing, a market-based economy, instituting rule of law, protecting core labor standards, and eliminating barriers to trade and investment; (2) such countries can be designated as a beneficiary developing country; and (3) the designation of a Reconstruction Opportunity Zone is appropriate taking into account certain qualifying factors. Provides for the duty-free treatment of certain textile and apparel products, as well as nontextile and nonapparel products, from a Reconstruction Opportunity Zone through September 30, 2024. Sets forth requirements to prevent the unlawful transshipment of such products. Continues the duty-free treatment of such products from a Reconstruction Opportunity Zone in Afghanistan or Pakistan only if the President certifies to Congress that such countries have met certain requirements, including: (1) designation of a labor official; and (2) have agreed to require textile or apparel exporting enterprises to participate in a technical assistance, capacity building, compliance assessment, and remediation program. Authorizes the President to withdraw, suspend, or limit the application of duty-free treatment under this Act.
Bill· HRH.R. 1300 (111th)referred
United States · United States Congress · 4 March 2009
Veterans' Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2009 - Amends the Revised Statutes of the United States to limit the remedy, in a civil action against a state or local official for deprivation of civil rights, to injunctive and declaratory relief, and deny attorneys' fees, where the deprivation consists of a violation of a prohibition in the Constitution against the establishment of religion, including violations relating to: (1) religious words or imagery in veterans' memorials, public buildings, or official seals of states or their subdivisions; and (2) the chartering of Boy Scout units by states or their subdivisions and the Boy Scouts' using public buildings. Imposes the same limits regarding such an action against the United States or any U.S. agency or official acting in his or her official capacity.
Bill· HJRESH.J.Res. 37 (111th)referred
United States · United States Congress · 4 March 2009
Constitutional Amendment - Requires marriage in the United States to consist only of a legal union of a man and a woman. Prohibits any federal or state court from having jurisdiction to determine whether the Constitution or any state constitution requires the legal incidents of marriage to be conferred upon any union other than a legal union between one man and one woman. Prohibits requiring any state to give effect to any public act, record, or judicial proceeding of any other state concerning a union between persons of the same sex that is treated as a marriage, or as having the legal incidents of marriage, under the laws of such other state.
Bill· SJRESS.J.Res. 13 (111th)referred
United States · United States Congress · 3 March 2009
Constitutional Amendment - States that the liberty of parents to direct the upbringing and education of their children is a fundamental right. States that neither the United States nor any state shall infringe upon this right without demonstrating that its government interest as applied to the person is of the highest order and not otherwise served. States that no treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this amendment.
Bill· HRH.R. 1269 (111th)referred
United States · United States Congress · 3 March 2009
Marriage Protection Act of 2009 - Amends the federal judicial code to deny federal courts jurisdiction to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution, of the provision of the Defense of Marriage Act declaring that no state shall be required to give effect to any marriage between persons of the same sex under the laws of any other state.
Bill· HJRESH.J.Res. 34 (111th)referred
United States · United States Congress · 3 March 2009
Constitutional Amendment - Requires Congress to tax all persons progressively in proportion to their income.
Bill· HJRESH.J.Res. 35 (111th)referred
United States · United States Congress · 3 March 2009
Constitutional Amendment - Provides that every person has the right to: (1) work; (2) free choice of employment; (3) just and favorable conditions of work; (4) protection against unemployment; and (5) equal pay for equal work, without any discrimination. Provides that all persons who work have the right to: (1) just and favorable remuneration ensuring for themselves and their family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection; and (2) form and join trade unions for the protection of their interests.
Bill· HJRESH.J.Res. 31 (111th)referred
United States · United States Congress · 3 March 2009
Constitutional Amendment - Prohibits the United States or any state from denying or abridging: (1) equality of rights under the law on account of sex; or (2) reproductive rights for women.
Bill· HJRESH.J.Res. 33 (111th)referred
United States · United States Congress · 3 March 2009
Constitutional Amendment - Grants all persons the right to a clean, safe, and sustainable environment.
Bill· HJRESH.J.Res. 29 (111th)referred
United States · United States Congress · 3 March 2009
Constitutional Amendment - Provides that all persons shall enjoy the right to a public education of equal high quality.
Bill· HJRESH.J.Res. 28 (111th)referred
United States · United States Congress · 3 March 2009
Constitutional Amendment - Grants all U.S. citizens who are eighteen years of age or older the right to vote in any public election held in the jurisdiction in which the citizen resides. Prohibits the United States, any state, or any other public or private person or entity from denying or abridging the right to vote, but allows regulations narrowly tailored to produce efficient and honest elections. Requires each state to: (1) administer public elections in the state in accordance with election performance standards established by Congress; and (2) provide any eligible voter the opportunity to register and vote on the day of any public election.
Bill· HJRESH.J.Res. 36 (111th)referred
United States · United States Congress · 3 March 2009
Constitutional Amendment - Provides for the direct popular election of the President and the Vice President. (Abolishes the Electoral College.)
Bill· HJRESH.J.Res. 30 (111th)referred
United States · United States Congress · 3 March 2009
Constitutional Amendment - Declares that all persons shall enjoy the right to equal, high quality health care.
Bill· HJRESH.J.Res. 32 (111th)referred
United States · United States Congress · 3 March 2009
Constitutional Amendment - States that all U.S. citizens shall have a right to decent, safe, sanitary, and affordable housing.
Resolution· HRESH.Res. 200 (111th)referred
United States · United States Congress · 26 February 2009
Recognizes that respect for human rights is a fundamental value and that the bilateral relationship between the United States and Egypt should be a platform for promoting the rule of law and fundamental freedoms. Calls on the Egyptian government to: (1) respect human rights, minority rights, and freedoms of religion and expression; and (2) release Abdel Karim Suleiman and all political activists. Welcomes the government of Egypt's decision to pardon Ayman Nour for medical reasons. Urges the President and the Secretary of State to put human rights and religious freedom developments in Egypt very high on the U.S. government's agenda during meetings with Egyptian officials.
Bill· SJRESS.J.Res. 11 (111th)referred
United States · United States Congress · 25 February 2009
Constitutional Amendment - Requires the people of the District constituting the seat of government of the United States to elect one representative to the House of Representatives who is a resident of that District. Declares that the representative so elected shall have the same rights, privileges, and obligations as a Representative from a state.
Bill· SS. 449 (111th)open
United States · United States Congress · 13 February 2009
Free Speech Protection Act of 2009 - Allows any U.S. person against whom a lawsuit for defamation is brought in a foreign country for defamation on the basis of the content of any speech by that person that has been published, uttered, or otherwise disseminated in the United States to bring an action in a U.S. district court against any person who, or entity which, brought the suit, if: (1) the speech at issue in the foreign lawsuit does not constitute defamation under U.S. law; and (2) the person or entity which brought the foreign lawsuit serves or causes to be served any documents in connection with such foreign lawsuit on a U.S. person. Allows the award of treble damages if it is determined by a preponderance of the evidence that the person or entity bringing the foreign lawsuit intentionally engaged in a scheme to suppress rights under the First Amendment to the Constitution by discouraging publishers or other media from publishing, or by discouraging financial supporters from employing, retaining, or supporting the research, writing, or other speech of an individual.
Resolution· HRESH.Res. 165 (111th)referred
United States · United States Congress · 12 February 2009
Celebrates the life of Abraham Lincoln. Expresses gratitude for his leadership in preserving the Union and defending the natural rights of all individuals, the Declaration of Independence, and the Constitution. Recognizes the magnitude of his life's legacy and its impact.
Bill· HRH.R. 997 (111th)referred
United States · United States Congress · 11 February 2009
English Language Unity Act of 2009 - Makes English the official language of the United States. Requires, subject to exceptions and rules of construction, that: (1) official functions of the United States be conducted in English; and (2) all naturalization ceremonies be conducted in English. Establishes a uniform English language rule for naturalization. Makes English language requirements and workplace policies, whether in the public or private sector, presumptively consistent with the laws of the United States. Directs the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.
Bill· HJRESH.J.Res. 21 (111th)open
United States · United States Congress · 11 February 2009
Constitutional Amendment - Provides that no person shall be a Senator from a state unless such person has been elected by the people thereof, and that when vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies.
Resolution· HRESH.Res. 156 (111th)referred
United States · United States Congress · 11 February 2009
Supports: (1) Charter 08 and its ideals; and (2) the Chinese people's efforts to secure liberty, the rule of law, representative government, and the protection of human rights. Notes Chinese Communist Party (CCP) efforts to destroy the Charter 08 movement. Calls upon the CCP to release Liu Xiaobo.
Bill· HRH.R. 881 (111th)referred
United States · United States Congress · 4 February 2009
Right to Life Act - Declares that the right to life guaranteed by the Constitution is vested in each human being beginning at the moment of fertilization, cloning, or other moment at which an individual comes into being. Prohibits construing this Act to authorize the prosecution of any woman for the death of her unborn child.
Bill· SS. 346 (111th)referred
United States · United States Congress · 29 January 2009
Life at Conception Act - Declares that the right to life guaranteed by the Constitution is vested in each human being beginning at the moment of fertilization, cloning, and other moment at which an individual comes into being.
Bill· SJRESS.J.Res. 7 (111th)reported
United States · United States Congress · 29 January 2009
Constitutional Amendment - Provides that no person shall be a Senator from a state unless such person has been elected by the people thereof, and that when vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies.
Bill· HRH.R. 665 (111th)referred
United States · United States Congress · 23 January 2009
District of Columbia Voting Rights Restoration Act of 2009 - Restores the right of District of Columbia residents to participate as Maryland residents in congressional elections and presidential elections. Repeals provisions of: (1) the District of Columbia Delegate Act that establishes the office of District of Columbia Delegate to the House of Representatives; and (2) the District of Columbia Statehood Constitution Convention Initiative of 1979 that provides for electing a Senator and Representative for the District.
Bill· SS. 296 (111th)referred
United States · United States Congress · 22 January 2009
Fair Tax Act of 2009 - Repeals the income tax, employment tax, and estate and gift tax. Redesignates the Internal Revenue Code of 1986 as the Internal Revenue Code of 2009. Imposes a national sales tax on the use or consumption in the United States of taxable property or services. Sets the sales tax rate at 23% in 2011, with adjustments to the rate in subsequent years. Allows exemptions from the tax for property or services purchased for business, export, or investment purposes, and for state government functions. Sets forth rules relating to: (1) the collection and remittance of the sales tax; and (2) credits and refunds. Allows a monthly sales tax rebate for families meeting certain size and income requirements. Grants states the primary authority for the collection of sales tax revenues and the remittance of such revenues to the Treasury. Sets forth administrative provisions relating to: (1) the filing of monthly reports and payments of tax; (2) accounting methods; (3) registration of sellers of goods and services responsible for reporting sales; (4) penalties for noncompliance; and (5) collections, appeals, and taxpayer rights. Directs the Secretary of the Treasury to allocate sales tax revenues among: (1) the general revenue; (2) the old-age and survivors insurance trust fund; (3) the disability insurance trust fund; (4) the hospital insurance trust fund; and (5) the federal supplementary medical insurance trust fund. Prohibits the funding of the Internal Revenue Service (IRS) after FY2013. Establishes in the Department of the Treasury: (1) an Excise Tax Bureau to administer excise taxes not administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and (2) a Sales Tax Bureau to administer the national sales tax. Terminates the sales tax imposed by this Act if the Sixteenth Amendment to the U.S. Constitution (authorizing an income tax) is not repealed within seven years after the enactment of this Act.
Bill· SJRESS.J.Res. 6 (111th)referred
United States · United States Congress · 16 January 2009
Constitutional Amendment - States that a person born in the United States shall not be a U.S. citizen unless: (1) one parent of the person is a U.S. citizen; (2) one parent of the person is an alien lawfully admitted for permanent residence in the United States who resides in the United States; (3) one parent of the person is an alien performing active service in the U.S. Armed Forces; or (4) the person is naturalized in accordance with the laws of the United States.
Resolution· HRESH.Res. 72 (111th)referred
United States · United States Congress · 15 January 2009
Expresses the sense of the House of Representatives that: (1) the Agreement Between the United States of America and the Republic of Iraq on the Withdrawal of United States Forces from Iraq and the Organization of Their Activities During Their Temporary Presence in Iraq is not a genuine Status of Forces Agreement and lacks the force of law because it was formalized in a manner inconsistent with the requirements of the U.S. Constitution; (2) Congress should consider the Agreement to be advisory in nature; and (3) the House should conduct hearings related to funding the Agreement and related to the status of persons held in preventive detention or designated as protected persons.
Bill· HRH.R. 539 (111th)referred
United States · United States Congress · 14 January 2009
We the People Act - Prohibits the Supreme Court and each federal court from adjudicating any claim or relying on judicial decisions involving: (1) state or local laws, regulations, or policies concerning the free exercise or establishment of religion; (2) the right of privacy, including issues of sexual practices, orientation, or reproduction; or (3) the right to marry without regard to sex or sexual orientation where based upon equal protection of the laws. Allows the Supreme Court and the federal courts to determine the constitutionality of federal statutes, administrative rules, or procedures in considering cases arising under the Constitution. Prohibits the Supreme Court and the federal courts from issuing any ruling that appropriates or expends money, imposes taxes, or otherwise interferes with the legislative functions or administrative discretion of the states. Authorizes any party or intervener in matters before any federal court, including the Supreme Court, to challenge the jurisdiction of the court under this Act. Provides that the violation of this Act by any justice or judge is an impeachable offense and a material breach of good behavior subject to removal. Negates as binding precedent on the state courts any federal court decision that relates to an issue removed from federal jurisdiction by this Act.
Bill· SJRESS.J.Res. 4 (111th)referred
United States · United States Congress · 8 January 2009
Constitutional Amendment - Provides for the direct popular election of the President and the Vice President. (Abolishes the Electoral College.)
Bill· HRH.R. 335 (111th)referred
United States · United States Congress · 8 January 2009
Iraq Security Agreement Act of 2009 - Directs the President to report annually to the appropriate congressional committees respecting U.S. security commitments to, and arrangements with, other countries. Directs the Secretary of State and the Secretary of Defense to consult with the appropriate congressional committees respecting negotiations pursuant to the Declaration of Principles between the United States and Iraq. Prohibits any agreement (or the obligation of implementing funds) containing a security commitment to, or security arrangement with, the Republic of Iraq, from entering into force except pursuant to Article II, section 2, clause 2 (relating to treaties) or Article I, section 7, clause 2 (relating to enactment of laws) of the Constitution of the United States.
Bill· HJRESH.J.Res. 14 (111th)referred
United States · United States Congress · 8 January 2009
Constitutional Amendment - Prohibits a person from serving more than two full consecutive terms as a Senator or six full consecutive terms as a Representative.
Bill· HJRESH.J.Res. 15 (111th)referred
United States · United States Congress · 8 January 2009
Constitutional Amendment - Authorizes the President, in the case of any bill, order, resolution, or vote presented by Congress, to decline to approve in whole any dollar amount of discretionary budget authority, any item of new direct spending, or any tax benefit.
Bill· HJRESH.J.Res. 13 (111th)referred
United States · United States Congress · 8 January 2009
Constitutional Amendment - Declares that Congress shall have power to set limits on the amount of contributions that may be accepted by, and the amount of expenditures that may be made by, in support of, or in opposition to, a candidate for nomination or election to federal office. Declares that a state shall have the power to set limits on the amount of contributions that may be accepted by, and the amount of expenditures that may be made by, in support of, or in opposition to, a candidate for nomination or election to state or local office.
Bill· HJRESH.J.Res. 16 (111th)referred
United States · United States Congress · 8 January 2009
Constitutional Amendment - Repeals the Sixteenth Amendment to the Constitution (authorizing taxation of income).
Resolution· HCONRESH.Con.Res. 13 (111th)referred
United States · United States Congress · 8 January 2009
Expresses the sense of Congress that the Supreme Court misinterpreted the First Amendment to the Constitution in the case of Buckley v. Valeo because the decision failed to recognize: (1) that the unlimited spending of large amounts of money on elections has a corrosive effect on the electoral process not simply because of direct transactions between those who give large amounts of money and candidates and elected officials but because the presence of unlimited amounts of money corrupts the process on a more fundamental level; and (2) other legitimate state interests which justify limiting money in campaigns, including the need to preserve the integrity of our republican form of government, restore public confidence in government, and ensure all citizens a more equal opportunity to participate in the political process.
Bill· HRH.R. 227 (111th)referred
United States · United States Congress · 7 January 2009
Sanctity of Human Life Act - Declares that: (1) the right to life guaranteed by the Constitution is vested in each human and is the person's paramount and most fundamental right; (2) each human life begins with fertilization, cloning, or its functional equivalent, at which time every human has all legal and constitutional attributes and privileges of personhood; and (3) Congress, each state, the District of Columbia, and all U.S. territories have the authority to protect all human lives.
Bill· HRH.R. 278 (111th)referred
United States · United States Congress · 7 January 2009
OLC Reporting Act of 2009 - Amends the federal judicial code to require the Attorney General to report to Congress on any instance in which the Attorney General or any officer of the Department of Justice (DOJ) issues an authoritative legal interpretation of any provision of a federal statute that: (1) concludes that the provision is unconstitutional or would be unconstitutional in a particular application; (2) relies for its conclusion on a determination that any other interpretation would raise constitutional concerns under article II of the Constitution or separation of powers principles; (3) relies for its conclusion on a legal presumption against applying the provision to the executive branch or any member thereof; or (4) concludes the provision has been superseded or deprived of effect by a subsequently enacted statute where there is no express statutory language stating an intent to do so. Provides for the protection of privileged and classified information contained in a report by the Attorney General on the enforcement of laws.
Bill· HJRESH.J.Res. 7 (111th)referred
United States · United States Congress · 7 January 2009
Constitutional Amendment - Requires Congress and the President, before each fiscal year, to agree on an estimate of total receipts for that fiscal year by enactment into law of a joint resolution devoted solely to that subject. Prohibits outlays for such fiscal year (except those for repayment of debt principal) from exceeding such estimated receipts for that fiscal year (except those derived from borrowing) unless Congress, by a three-fifths rollcall vote of each chamber, authorizes a specific excess of outlays over estimated receipts. Provides that whenever actual outlays exceed actual receipts for any fiscal year, Congress shall, in the ensuing fiscal year, provide by law for the repayment of such excess. Requires a three-fifths rollcall vote of each chamber to increase the public debt limit. Directs the President to submit a balanced budget to Congress annually. Prohibits any bill to increase revenue from becoming law unless approved by a majority of each chamber by rollcall vote. Authorizes waivers of these provisions when a declaration of war is in effect.
Bill· HJRESH.J.Res. 11 (111th)referred
United States · United States Congress · 7 January 2009
Constitutional Amendment - Requires Representatives to be apportioned among the several states according to their respective numbers, which shall be determined by counting the number of persons in each state who are U.S. citizens.
Bill· HJRESH.J.Res. 6 (111th)referred
United States · United States Congress · 7 January 2009
Constitutional Amendment - Declares that the Constitution shall not be construed to prohibit individual or group prayer in public schools or other public institutions. Prohibits the United States or any state from requiring any person to participate in prayer or from prescribing the content of any prayer.
Bill· HJRESH.J.Res. 8 (111th)referred
United States · United States Congress · 7 January 2009
Constitutional Amendment - Declares that Congress and the states shall have power to prohibit desecration of the U.S. flag and to set criminal penalties for such act.
Resolution· HCONRESH.Con.Res. 5 (111th)referred
United States · United States Congress · 7 January 2009
States that pursuant to section 8 of article I of the Constitution of the United States, Congress has the sole and exclusive power to declare war.
Resolution· HCONRESH.Con.Res. 7 (111th)referred
United States · United States Congress · 7 January 2009
Expresses the sense of House of Representatives (the Senate concurring) that: (1) the people of the United States should grieve for the loss of life that defined the Third Reich and celebrate the continued education efforts for tolerance and justice; (2) the United States reaffirms its commitment to the fight against intolerance and prejudice; (3) Congress urges the international community to honor those individuals of all races, creeds, and colors who were killed by the Nazis; and (4) the United States honors the primacy of government accountability, the rule of law, and the struggle for universal freedom and human rights.
Bill· SS. 160 (111th)open
United States · United States Congress · 6 January 2009
District of Columbia House Voting Rights Act of 2009 - Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives. Declares that the District shall not be considered a state for purposes of representation in the Senate. Applies to the District in the same manner as it applies to a state the federal law providing for the 15th and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members. Modifies the formula regarding the number of presidential electors to subject it to the 23rd amendment to the Constitution in the case of the District. Increases membership of the House from 435 to 437 Members. Provides for a reapportionment of Members resulting from such increase. Requires: (1) the President to submit to Congress a revised version of the most recent statement of such apportionment identifying Utah as the state entitled to one additional Representative; and (2) the Clerk of the House, upon receipt of such revision, to identify such state to the Speaker of the House. Repeals provisions of: (1) the District of Columbia Delegate Act establishing the office of District of Columbia Delegate to the House of Representatives; and (2) the District of Columbia Statehood Constitution Convention Initiative of 1979 providing for election of a Representative for the District. Makes conforming amendments to the District of Columbia Elections Code of 1955. Sets forth procedures for expedited judicial review of any action brought to challenge the constitutionality of any provision of this Act or any amendment made by it.
Bill· SJRESS.J.Res. 1 (111th)referred
United States · United States Congress · 6 January 2009
Constitutional Amendment - Limits Members of the House of Representatives to six terms and Members of the Senate to two terms.
Bill· SJRESS.J.Res. 2 (111th)referred
United States · United States Congress · 6 January 2009
Constitutional Amendment - Declares that Congress and the states shall have power to prohibit desecration of the U.S. flag and to set criminal penalties for such act.
Resolution· SRESS.Res. 4 (111th)referred
United States · United States Congress · 6 January 2009
Expresses the sense of the Senate that: (1) the eighth amendment to the Constitution allows the death penalty for the rape of a child where the crime did not result, and was not intended to result, in death of the victim; (2) the Louisiana statute making child rape punishable by death is constitutional; (3) because Kennedy v. Louisiana was decided under a mistaken view of federal law, the U.S. Supreme Court should grant any petition for rehearing of the case and the portions of the decision regarding the national consensus or evolving standards of decency with respect to the imposition of the death penalty for child rape should not be viewed as binding precedent; and (4) the Supreme Court should reverse its decision on rehearing or in a future case because it was supported by neither commonly held beliefs about cruel and unusual punishment nor by the text, structure, or history of the Constitution.
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