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H.R.1170 / 104th Congress

To provide that cases challenging the constitutionality of measures passed by State referendum be heard by a 3-judge court.

Received in the Senate and read twice and referred to the Committee on Judiciary.

Official summary

Version 00 · Introduced in House · Mar 8, 1995

Requires that any action brought in or removed to a U.S. district court that challenges the constitutionality of a State law adopted by referendum be heard and determined by a three-judge court and that any appeal of such action be to the Supreme Court. Prohibits a district court or judge thereof from granting an interlocutory or permanent injunction restraining the enforcement, operation, or execution of a State law upon the ground of unconstitutionality unless the application for the injunction is heard and determined by such a three-judge court.

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Who introduced it

Rep. Bono, Sonny [R-CA-44] · R–CA

Committees

  • Judiciary Committee
  • Judiciary Committee
46 cosponsorship records, including any withdrawals

Actions

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  1. Received in the Senate and read twice and referred to the Committee on Judiciary.

  2. The title of the measure was amended. Agreed to without objection.

  3. Motion to reconsider laid on the table Agreed to without objection.

  4. On passage Passed by recorded vote: 266 - 159 (Roll no. 693).

    House roll call 693 · Individual votes
  5. Passed/agreed to in House: On passage Passed by recorded vote: 266 - 159 (Roll no. 693).

    House roll call 693 · Individual votes
  6. The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

  7. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1170.

  8. The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  9. Considered as unfinished business.

  10. On motion that the committee rise Agreed to by voice vote.

  11. Mr. Moorhead moved that the committee rise.

  12. At the conclusion of debate, the Chair put the question on agreeing to the Schroeder amendment and announced that, by voice vote, the amendment was not agreed to. Mrs. Schroeder requested a recorded vote and made a point of order that a quorum was not present. Pursuant to a previous order of the House, further proceedings were postponed and the point of order was withdrawn.

  13. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.

  14. The Speaker designated the Honorable Thomas W. Ewing to act as Chairman of the Committee.

  15. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 227 and Rule XXIII.

  16. Rule provides for consideration of H.R. 1170 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit with or without instructions. Measure will be considered read. Bill is open to amendments. The rule makes in order the Judiciary Committee amendment in the nature of a substitute as the original bill

  17. Considered under the provisions of rule H. Res. 227. (consideration: CR H9611-9628)

  18. Rule H. Res. 227 passed House.

  19. Rules Committee Resolution H. Res. 227 Reported to House. Rule provides for consideration of H.R. 1170 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit with or without instructions. Measure will be considered read. Bill is open to amendments. The rule makes in order the Judiciary Committee amendment in the nature of a substitute as the original bill

  20. Placed on the Union Calendar, Calendar No. 91.

  21. Reported (Amended) by the Committee on Judiciary. H. Rept. 104-179.

  22. Reported (Amended) by the Committee on Judiciary. H. Rept. 104-179.

  23. Ordered to be Reported (Amended) by Voice Vote.

  24. Committee Consideration and Mark-up Session Held.

  25. Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

  26. Subcommittee Consideration and Mark-up Session Held.

  27. Subcommittee Hearings Held.

  28. Executive Comment Requested from U.S. Courts.

  29. Referred to the Subcommittee on Courts and Intellectual Property.

  30. Referred to the House Committee on the Judiciary.

  31. Introduced in House

  32. Introduced in House

Bill text & related measures

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Objective

Analyze H.R.1170 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

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