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MO SJR42

Joint Resolution

Status

Introduced

3/1/2016

Primary Sponsor

Ed Emery

Click for details

Origin

Senate

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, giving no deference to government assertions about their meaning or purpose

  • Government must prove beyond a reasonable doubt that any challenged restriction is necessary to prevent a specific, non-speculative 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 ambiguities based on how voters would have understood the language when ratified

  • Judges who fail to comply with these procedures would be subject to impeachment, and the amendment would be submitted to voters at the November 2016 general 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

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

3/3/2016

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence3/3/2016

Full Bill Text

No bill text available