118th CONGRESS

1st Session

 

 

 

H. RES. 600

 

Retaining the delegated police power of lawyer/attorney law licensing from the States back to the federal government and enacting a new supreme federal law licensing scheme called the Federal Bar governed by the American Bar Association that has no character and fitness inquiries without any questions regarding mental health, psychiatric conditions and psychological health status. 

 

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

Retaining the delegated police power of lawyer/attorney law licensing from the States back to the federal government and enacting a new supreme federal law licensing scheme called the Federal Bar governed by the American Bar Association that has no character and fitness inquiries without any questions regarding mental health, psychiatric conditions and psychological health status. 

WHEREAS, the States have engaged in a perpetual and gross deviation of the rule of law in their unlawful questioning of mental health, psychiatric conditions and psychological status in their law licensing schemes of attorneys/lawyers; and

 

WHEREAS, the States have violated federal law in their questioning of attorneys/lawyers regarding their mental health, psychiatric diagnosis and psychological health in their character and fitness screening for law licensure; and

 

WHEREAS, the States have engaged in an enduring and insidious pattern of discrimination and oppression in prejudiced questioning and unlawful denials of character and fitness screening in their law licensing scheme that unlawfully targets people with disabilities; and

 

WHEREAS, the States are violating the Americans with Disabilities Act of 1990, the Equal Protection Clause of the Fourteenth Amendment and Due Process Clause of the Fifth Amendment and Fourteenth Amendment in their questioning of lawyers/attorneys based on mental health, psychiatric conditions and psychological status and denials based on the same; and

 

WHEREAS, the States have refused to submit to the supreme law of the United States by failing to eliminate mental health queries from their character and fitness screening process and have turned a blind eye to the Louisiana Consent Decree by the U.S. Department of Justice; and

 

WHEREAS, the States have authority to conduct law licensing of attorneys/lawyers only through delegation by the federal government of the police power under the Tenth Amendment of the Constitution of the United States; and

 

WHEREAS, the federal government of the United States has significant interests in retaining the delegated powers under the Tenth Amendment of the Constitution of the United States to remedy gross and insidious violations of federal law by the States in their questioning of mental health, psychiatric conditions and psychological status and in their denials based on mental health, psychiatric conditions and psychological status for attorneys/lawyers seeking their law license; and

 

WHEREAS, the judiciary has exhibited a lack of commitment to justice and failed to honor the will of the legislators in the judiciary’s failure to remedy federal law violations in the States’ questioning of mental health, psychiatric conditions and psychological status and denials based on mental health, psychiatric conditions and psychological status on their law licensing of attorneys/lawyers. 

 

NOW, THEREFORE, BE IT RESOLVED, THAT THE UNITED STATES HOUSE OF REPRESENTATIVES---

 

Title 96, Chapters 1, §§ 100-116

 

Section 100. Cited As

 

This Act can be cited as “The Federal Bar Act”. 

 

Section 101. Purpose

 

The purpose of this legislation is to retain the delegated police power under the Tenth Amendment of the Constitution of the United States of law licensing from the States back to the federal government and enact a federal supreme law licensing scheme of attorneys/lawyers called the Federal Bar governed by the American Bar Association that has no character and fitness inquiries without questions regarding mental health, psychiatric diagnosis and psychological conditions that unlawfully target and discriminate against people with disabilities. 

 

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. Retainer of Delegated Police Powers in Licensing of Attorneys/Lawyers. 

 

The federal government of the United States retains the delegated police power from the States back to the federal government in all law licensing of attorneys/lawyers in the United States. 

 

Section 104. The States Prohibited From Licensing Attorneys/Lawyers; Cease State Operations; Eschew State Profit & Assets.

 

The States are hereby prohibited from conducting law licensing of attorneys/lawyers in the United States and shall cease all operations in the licensing of attorneys/lawyers, including bar examinations and character and fitness inquiries. The State entities currently licensing attorneys/lawyers at the state level shall cease to exist and all profit and assets are eschewed to the federal government of the United States

 

Section 105. Delegation of Law Licensing to Federal Government. 

 

Pursuant to the previous section, the police power to license attorneys/lawyers in the entire United States is hereby delegated and expressly conferred back to the federal government of the United States. 

 

Section 106. Enacting Federal Law Attorney/Lawyer Licensing in the United States.

 

Pursuant to the previous section, this section enacts federal law licensing of attorneys/lawyers in the entire United States called the Federal Bar governed by the American Bar Association with no character and fitness inquiry and no questions regarding mental health, psychiatric conditions and psychological diagnosis because it targets and discriminates against people with disabilities. The American Bar Association shall administer all bar examinations, conduct no character and fitness inquiries, and be responsible for licensing attorneys/lawyers in the United States. 

 

Section 107. Nationwide Attorney/Lawyer Practice.

 

Pursuant to this legislation, all attorneys/lawyers licensed by the federal government of the United States shall enjoy the privilege of practicing law in all States. 

 

Section 108. 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 109. 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 110. 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 111. 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 112. 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 113. 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 114. 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 115. 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: 

 

 

 

 

 

 

 

 

 

 

 

 

 

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