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MO HJR108

Joint Resolution

Status

Introduced

3/15/2016

Primary Sponsor

Joe McGaugh

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Proposes a constitutional amendment to Article V establishing that Missouri courts' "paramount responsibility" is ensuring individuals can exercise rights enumerated in the state Constitution

  • Requires courts to presume laws, regulations, or policies that limit constitutional rights are unconstitutional, with no deference given to government assertions about the challenged law's meaning, purpose, or importance

  • Government can only overcome the presumption of unconstitutionality by proving beyond a reasonable doubt that the challenged law is necessary to prevent a specific, nonspeculative threat to public health and safety AND represents the least restrictive means available

  • Courts must interpret constitutional rights using the broadest scope consistent with plain meaning, resolving any ambiguity based on how voters would have understood the language when they ratified the provision

  • Failure to comply with these procedures constitutes grounds for impeachment of the judge; would be submitted to voters at the November 2016 general election or a special election

Legislative Description

Delineates procedures a court must follow when assessing a claim that the government has enforced a law that limits a person's constitutional rights

Last Action

Referred: Civil and Criminal Proceedings(H)

5/13/2016

Committee Referrals

Civil and Criminal Proceedings5/13/2016

Full Bill Text

No bill text available