History and Tradition Protection Act of 2023

12/15/2023, 3:53 PM

History and Tradition Protection Act of 2023

This bill limits the types of relief that may be awarded in civil suits that involve violations of the Constitution's Establishment Clause, which prohibits the government from establishing a religion.

Current law provides a statutory civil cause of action against state and local government actors for violations of constitutional rights, also known as Section 1983 lawsuits. The bill limits relief for Section 1983 lawsuits that involve violations of the Establishment Clause to injunctive and declaratory relief (i.e., nonmonetary relief) and prohibits the award of attorneys' fees in these cases, including those that involve monuments, public buildings, official seals, and government proceedings. The bill applies the same restrictions to similar lawsuits against federal agencies.

Bill 118 HR 425, also known as the History and Tradition Protection Act of 2023, aims to preserve and protect historical monuments, statues, and symbols across the United States. The bill specifically focuses on preventing the removal, relocation, or alteration of these historical artifacts without proper authorization.

Under this legislation, any proposed changes to historical monuments must undergo a thorough review process, including input from local communities, historical experts, and government officials. Additionally, the bill establishes a National Historical Preservation Board to oversee and approve any alterations to these monuments.

The History and Tradition Protection Act of 2023 also includes provisions for the enforcement of penalties for individuals or groups who unlawfully deface or damage historical monuments. This includes fines, community service, and potential criminal charges for those found guilty of vandalism. Overall, the goal of this bill is to ensure that the history and traditions of the United States are preserved and respected for future generations. It seeks to strike a balance between honoring the past and addressing concerns about the representation of certain historical figures and events.
Congress
118
Number
HR - 425
Introduced on
2023-01-20
# Amendments
0
Sponsors
+5
Cosponsors
+5

Variations and Revisions

1/20/2023
Text
PDF
XML

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

History and Tradition Protection Act of 2023

This bill limits the types of relief that may be awarded in civil suits that involve violations of the Constitution's Establishment Clause, which prohibits the government from establishing a religion.

Current law provides a statutory civil cause of action against state and local government actors for violations of constitutional rights, also known as Section 1983 lawsuits. The bill limits relief for Section 1983 lawsuits that involve violations of the Establishment Clause to injunctive and declaratory relief (i.e., nonmonetary relief) and prohibits the award of attorneys' fees in these cases, including those that involve monuments, public buildings, official seals, and government proceedings. The bill applies the same restrictions to similar lawsuits against federal agencies.

Bill 118 HR 425, also known as the History and Tradition Protection Act of 2023, aims to preserve and protect historical monuments, statues, and symbols across the United States. The bill specifically focuses on preventing the removal, relocation, or alteration of these historical artifacts without proper authorization.

Under this legislation, any proposed changes to historical monuments must undergo a thorough review process, including input from local communities, historical experts, and government officials. Additionally, the bill establishes a National Historical Preservation Board to oversee and approve any alterations to these monuments.

The History and Tradition Protection Act of 2023 also includes provisions for the enforcement of penalties for individuals or groups who unlawfully deface or damage historical monuments. This includes fines, community service, and potential criminal charges for those found guilty of vandalism. Overall, the goal of this bill is to ensure that the history and traditions of the United States are preserved and respected for future generations. It seeks to strike a balance between honoring the past and addressing concerns about the representation of certain historical figures and events.
Alternative Names
Official Title as IntroducedTo amend the Revised Statutes of the United States to prevent the use of the legal system in a manner that extorts money from State and local governments, and the Federal Government, and inhibits such governments' constitutional actions under the first, tenth, and fourteenth amendments.
Policy Areas
Civil Rights and Liberties, Minority Issues
Potential Impact
Civil actions and liability•
First Amendment rights•
Government liability•
Legal fees and court costs•
Religion•
State and local government operations

Comments

Recent Activity

Latest Summary5/26/2023

History and Tradition Protection Act of 2023

This bill limits the types of relief that may be awarded in civil suits that involve violations of the Constitution's Establishment Clause, which prohibits the government from establishin...

Latest Action1/20/2023
Referred to the House Committee on the Judiciary.