Voluntary School Prayer Act

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S 77 IS
102d CONGRESS
1st Session
S. 77
To restore the right of voluntary prayer in public schools and to promote
the separation of powers, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 14 (legislative day, JANUARY 3), 1991
Mr. HELMS introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To restore the right of voluntary prayer in public schools and to promote
the separation of powers, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Voluntary School Prayer Act'.
SEC. 2. LIMITATION ON JURISDICTION OF SUPREME COURT.
  (a) IN GENERAL- Chapter 81 of title 28, United States Code, is amended by
  adding at the end thereof the following new section:
`Sec. 1260. Appellate jurisdiction; limitations
  `(a) Notwithstanding the provisions of sections 1253, 1254, and 1257 of this
  chapter and in accordance with section 2 of Article III of the Constitution,
  the Supreme Court shall not have jurisdiction to review, by appeal, writ
  of certiorari, or otherwise, any case arising out of any State statute,
  ordinance, rule, regulation, practice, or any part thereof, or arising out
  of any act interpreting, applying, enforcing, or affecting any State statute,
  ordinance, rule, regulation, or practice, which relates to voluntary prayer,
  Bible reading, or religious meetings in public schools or public buildings.
  `(b) For purposes of this section, the term `voluntary' means an activity
  in which a student is not required to participate by school authorities.'.
  (b) CONFORMING AMENDMENT- The section analysis of chapter 81 of title 28
  is amended by adding at the end thereof the following new item:
`1260. Appellate jurisdiction; limitations.'.
SEC. 3. LIMITATION ON JURISDICTION OF DISTRICT COURTS.
  (a) IN GENERAL- Chapter 85 of title 28, United States Code, is amended by
  adding at the end thereof the following new section:
`Sec. 1365. Limitations on jurisdiction
  `Notwithstanding any other provision of law and in accordance with section
  2 of Article III of the Constitution, the district courts shall not have
  jurisdiction of any case or question which the Supreme Court does not have
  jurisdiction to review under section 1260 of this title.'.
  (b) CONFORMING AMENDMENT- The section analysis at the beginning of chapter 85
  of title 28 is amended by adding at the end thereof the following new item:
`1365. Limitations on jurisdiction.'.
SEC. 4. EFFECTIVE DATE.
  The amendments made by this Act shall take effect on the date of enactment,
  except that such amendments shall not apply to any case which, on such
  date of enactment, was pending in any court of the United States.
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