118th CONGRESS

1st Session

 

 

 

H. RES. 300

 

Criminalizing prosecution of unauthorized practice of law of someone who graduated from an ABA-accredited American law school as discriminatory, selective proseuction, malicious prosecution, anti-capitalist and anti-American punishable with loss of attorney/lawyer licensure for life, incarceration of life in prison or death and a fine of up to $1,000,000.

 

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES

 

January 9, 2023

 

Sponsored & Introduced By: Rep. Ian A. Medina (D-FL), Rep. Nancy Pelosi (D-CA), Rep. Alexandria Ocasio-Cortez (D-NY) & Rep. Adam Schiff (D-CA) 

 

RESOLUTION

Criminalizing prosecution of unauthorized practice of law of someone who graduated from an ABA-accredited American law school as discriminatory, selective proseuction, malicious prosecution, anti-capitalist and anti-American punishable with loss of attorney/lawyer licensure for life, incarceration of life in prison or death and a fine of up to $1,000,000.

Title 666, Chapters 34, §§ 100-112

 

Section 100. Cited As

 

This Act can be cited as “Criminalizing Prosecution of Unauthorized Practice of Law Act”, 32 U.S.C.  §§ 100-112 (2023). 

 

Section 101. Purpose

 

The purpose of this legislation is to criminalize prosecution for unauthorized practice of law of someone who graduated from an ABA-accredited American law school as unlawful use of states’ police power to usurp civil rights in liberty interests and property interests violative of the Due Process Clause of the Constitution of the United States, the Equal Protection Clause of the Constitution of the United States and the Supremacy Clause of the Constitution of the United States, citations omitted,

 

Section 102. Legislative Authority

 

This legislation is made pursuant to the Tenth Amendment of the Constitution of the United States, which reads, in part: “[T]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” U.S. Const. amend. X.  Moreover, legislative authority for this legislation is vested in the Supremacy Clause of the Constitution of the United States in Article VI, Paragraph 2 of the Constitution of the United States. U.S. Const. art. VI, p. 2. Next, legislative authority exists in the Necessary and Proper Clause of the Constitution of the United States, which reads: “The Congress  shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” U.S. Const. art. I, § 8, cl. 18 (2022). Lastly, legislative authority is conferred by the Commerce Clause of the Constitution of the United States because the practice of law in the United States is interstate. U.S. Const. art. I, § 8, s. 3 (2022). 

 

Section 103. Statutory Language & Punishment.

 

Whoever unlawfully prosecutes someone who graduated from an ABA-accredited American law school violates this section and shall be punished with loss of attorney/lawyer licensure for life, incarceration of life in prison or death and a fine of up to $1,000,000. 

 

Section 104. Mens Rea

 

The mens rea for this law is strict liability without the necessity to show malice, intent to commit harm and/or premeditation. 

 

Section 105. No Inferred Rights, Privileges, Immunities And/Or Benefits

 

Nothing in this chapter shall be inferred to confer any rights, privileges, immunities and/or benefits, neither actually nor constructively to any person or entity except as expressed herein. 

 

Section 106. Reservation of all Rights, Privileges, Immunities And/Or Benefits

 

The Congress of the United States of America reserves all rights, privileges, immunities and/or benefits available at law regarding this legislation. 

 

Section 107. Subsequent Jurisprudence Barred By Political Question Doctrine 

 

Any case and/or controversy arising out of this legislation against any party is barred by political question doctrine. U.S. Const. art. III, § 2, c. 1. 

 

Section 108. Legislative Immunity

 

Any case and/or controversy arising out of this legislation against any member of Congress is barred by the Speech or Debate Clause of the Constitution of the United States of America. U.S. Const. art. I, § 6, c. 1. 

 

Section 109. Federal Preemption

 

This legislation hereby preempts the states and any cases/controversies arising in state government is preempted by the Supremacy Clause of the Constitution of the United States of America. U.S. Const. art. VI, c. 2. 

 

Section 110. Repeal of Old, Previous Legislation

 

Any state and/or federal legislation contrary to this legislation are hereby repealed, disused, voided and rendered invalid. Thus, this legislation shall replace the old, previous legislation that is in full force and effect. 

 

Section 111. Antagonistic Jurisprudence

 

Any antagonistic jurisprudence contrary to this legislation is hereby rendered moot, repealed, disused, voided and rendered invalid. Thus, this legislation shall replace the antagonistic jurisprudence that is in full force and effect.

 

Section 112. Subsequent Legislation

 

Any subsequent legislation, except a duly made amendment to this legislation by concurrence of a majority of each chamber of Congress, is of no valid force and effect. 

 

Sponsored By Rep. Ian A. Medina (D-FL), Rep. Nancy Pelosi (D-CA), Rep. Alexandria Ocasio-Cortez (D-NY) & Rep. Adam Schiff (D-CA): 01/09/2023

 

Passes U.S. House:

 

Passes U.S. Senate:

 

Signed Into Law By President Joseph R. Biden: