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MO SJR38
Joint Resolution
Status
1/8/2014
Primary Sponsor
Brian Nieves
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AI Summary
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Submits to Missouri voters a proposed constitutional amendment adding Section 35 to Article I, establishing state sovereignty under the Tenth Amendment over powers not enumerated to the federal government.
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Prohibits Missouri's legislative, executive, and judicial branches from recognizing or enforcing federal actions that exceed enumerated constitutional powers, including laws on firearms, abortion, carbon emissions, health care mandates, same-sex marriage, hate crimes, and homeschooling restrictions.
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Requires interpretation of the U.S. Constitution based on original language and intent of signers at time of passage, rejecting interpretations based on "emerging awareness," "living document" theories, or those expanding federal authority without constitutional amendment.
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Grants Missouri citizens standing to bring legal action enforcing the amendment's provisions, applicable to federal actions taking effect after voter approval and any enumerated federal actions the General Assembly or Missouri Supreme Court determines exceed federal powers.
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Declares amendment provisions self-executing and severable; voids any court rulings made in violation of the constitutional interpretation requirement specified in the amendment.
Legislative Description
Prohibits Missouri state government from recognizing, enforcing, or acting in furtherance of certain actions of the federal government
Last Action
Voted Do Pass S General Laws Committee
3/25/2014