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MO SJR45
Joint Resolution
Status
1/9/2012
Primary Sponsor
Brian Nieves
Click for details
AI Summary
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Submits a constitutional amendment to Missouri voters at the November 2012 general election to add Section 35 to Article I of the Missouri Constitution asserting state sovereignty under the Tenth Amendment.
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Prohibits Missouri's legislative, executive, and judicial branches from recognizing or enforcing federal laws, executive orders, judicial rulings, or administrative actions that exceed enumerated federal powers.
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Specifically lists eight categories of federal actions Missouri will not enforce, including restrictions on firearms, abortion funding, carbon taxes, health care mandates, same-sex marriage recognition, hate crime enhancements, establishment clause interpretations, and homeschooling restrictions.
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Requires constitutional interpretation based on original intent of the signers and congressional sponsors rather than "living document" theories, and declares interpretations expanding federal authority void without constitutional amendment.
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Grants Missouri citizens standing to sue for enforcement and makes the provision self-executing and severable, with court rulings violating the original intent requirement deemed invalid and unenforceable in Missouri.
Legislative Description
Prohibits Missouri state government from recognizing, enforcing, or acting in furtherance of certain actions of the federal government
Last Action
S Informal Calendar S Bills for Perfection--SJR 45-Nieves
5/18/2012