SJR45 – Prohibits Missouri state government from recognizing, enforcing, or acting in furtherance of certain actions of the federal government

January 20, 2012 at 1:43 pm
filed under Federal Power, LGBT Issues, List of Shame, Missouri Senate, Politicians making things worse, Sen. Brian Nieve (MO State Senate-R), State's Rights, Supremacy Clause
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This is another piece of disturbing legislation proposed by none other than List of Shame long time member, Brian Nieves.  It mandates that the Missouri not recognize any federal law or court decision that in Mr. Nieves view “exceeds federal authority”  Wow that is really the pot calling the kettle black, the  State can exceed their authority all it wants by writing immigration laws, something that is specifically designated to the federal government in the main body of the  Constitution, but any law or decision in the federal government that  involve any of the following, Missouri shall not recognize or follow…and this ass hat wants to change the Missouri Constitution to express it.

“The state also shall not recognize, enforce, or act in furtherance of any federal actions that: restrict the right to bear arms; legalize or fund abortions, or the destruction of any embryo from the zygote stage; require the sale or trade of carbon credits or impose a tax on the release of carbon emissions; involve certain health care issues; mandate the recognition of same sex marriage or civil unions; increase the punishment for a crime based on perpetrator’s thoughts or designate a crime as a hate crime; interpret the establishment clause as creating a wall of separation between church and state; or restrict the right of parents or guardians to home school or enroll their children in a private or parochial school or restrict school curriculum.”

Oh he also wants to mandate how the judiciary should interpret the US Constitution.  (Apparently whether or not it follows precedent)

“The state is also required to interpret the U.S. Constitution based on its language and the original intent of the signers of the Constitution. Amendments to the U.S. Constitution shall be interpreted based on their language and the intent of the congressional sponsor and co-sponsors of the amendment.”

Here is the whole text.  Who keeps electing this idiot?

 

SJR45 – Prohibits Missouri state government from recognizing, enforcing, or acting in furtherance of certain actions of the federal government.

SJR 45 Prohibits Missouri state government from recognizing, enforcing, or acting in furtherance of certain actions of the federal government
Sponsor: Nieves
LR Number: 4759S.02I Fiscal Note not available
Committee:
Last Action: 1/9/2012 – S First Read–SJR 45-Nieves Journal Page: S70
Title: Calendar Position: 93
Effective Date: Upon voter approval
Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2012 Senate Bills

Current Bill Summary

SJR 45 – Upon approval by the voters, this constitutional amendment prohibits the Missouri legislative, executive, and judicial branches of government from recognizing, enforcing, or acting in furtherance of any federal action that exceeds the powers delegated to the federal government.

 

The state also shall not recognize, enforce, or act in furtherance of any federal actions that: restrict the right to bear arms; legalize or fund abortions, or the destruction of any embryo from the zygote stage; require the sale or trade of carbon credits or impose a tax on the release of carbon emissions; involve certain health care issues; mandate the recognition of same sex marriage or civil unions; increase the punishment for a crime based on perpetrator’s thoughts or designate a crime as a hate crime; interpret the establishment clause as creating a wall of separation between church and state; or restrict the right of parents or guardians to home school or enroll their children in a private or parochial school or restrict school curriculum.

 

The state is also required to interpret the U.S. Constitution based on its language and the original intent of the signers of the Constitution. Amendments to the U.S. Constitution shall be interpreted based on their language and the intent of the congressional sponsor and co-sponsors of the amendment.

 

The amendment also declares that Missouri citizens have standing to enforce the provisions of the amendment and that enforcement of the amendment applies to federal actions taken after the amendment is approved by the voters, federal actions specified in the amendment, and any federal action, regardless of when it occurred, that the general assembly or the Missouri Supreme Court determines to exceed the powers enumerated and delegated to the federal government by the U.S. Constitution.

 

This act is similar to SS/SJR 15 (2011).

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