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MO HJR108
Joint Resolution
Status
3/15/2016
Primary Sponsor
Joe McGaugh
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AI Summary
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Proposes a constitutional amendment to Article V establishing that Missouri courts' "paramount responsibility" is ensuring individuals can exercise rights enumerated in the state Constitution
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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
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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
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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
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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