Missouri Legislature Asserts State Sovereignty

The Missouri House of Representatives approved on April 4^th House Joint Resolution 88, the State Sovereignty resolution. This resolution is a proposed amendment to the Missouri Constitution and will enforce what some believe is Missouri's constitutional sovereignty under the Tenth Amendment of the U. S. Constitution. HJR 88 sponsor, Brian Nieves (R, Washington, MO) said, "That interpretation would be based primarily on one source, The Federalist Papers."

Following the example of other states such as Arizona, Wyoming and Rhode Island, the State Sovereignty Amendment will require Missouri courts rather than the U. S. Supreme Court to interpret the United States Constitution. Federal restrictions on the right to bear arms, the recent passage of health care reform, and separation of church and state are just a few of the specific issues on which Missouri's executive, judicial, and legislative branches will be prohibited from recognizing or enforcing.

Because one article of the proposed amendment will allow Missouri citizens to bring suit to enforce the resolution, State Representative Nieves said, "anyone who doesn't think the issue of state sovereignty is a burning issue with the people right now is kidding themselves."

The Missouri Senate version, Senate Consolidate Resolution 34, was reported to the Missouri House of Representatives on March 17^th. No further action has been taken in the Senate on this issue and no additional readings or votes have been scheduled as of this writing. SCR 34 was sponsored by State Senator Jim Lembke (R, St Louis, MO).

In a report by St Louis Public Radio Sate Representative Jeanette Mott (D, St Louis, MO) calls the resolution, "ridiculous." In the same report Ms Mott said, "It seems to be in a similar vein with a number of other resolutions that we've heard this year that are really about positioning for the November elections."

While proponents of this proposal see it as increased freedom for the State of Missouri, there are a number of House Resolutions that appear designed to limit the rights of the residents of that state. HJR 63 will make it more difficult to bring a constitutional initiative to the legislature, HJR 64 will require a government issued photo ID to vote, and HJR 94 will increases the number of districts that must have a signed petition just to put a proposal on the ballot from a simple 2/3rds 8/9ths.

Even though this proposed amendment is becoming one of the hottest issues in recent times for Missouri voters, the cost to Missouri taxpayers is estimated at over $7,000,000 in just the first year after passage. Such a price may have a negative impact on passage. It is clear that there will be a contentious battle over this proposal, and if it is accepted by the voters of Missouri it will face a long and expensive battle through state and federal courts.

Sources:

Quotes by State Representative Brian Nieves:
http://www.emissourian.com/site/news.cfm?newsid=20412787&BRD=1409&PAG=461&dept_id=638426&rfi=6

Online text of HJR 88:
http://www.house.mo.gov/billtracking/bills101/biltxt/perf/HJR0088P.HTM

NPR St Louis report on HJR 88:
http://www.publicbroadcasting.net/kwmu/news.newsmain/article/0/0/1633575/Missouri.Statehouse/Mo..House.endorses.sovereignty.resolution

MO house resolutions limiting rights of citizens:
http://www.mdn.org/cgibin/BILLHTTP.EXE?YEAR=2010&ACTION=2&CALS=hperhjr.cal:HJRs+for+House+Perfection

Fiscal summary for HJR 88
http://www.moga.mo.gov/oversight/OVER10/fispdf/4464-01N.ORG.PDF