Text of MO SJR 45 (2012)

SECOND REGULAR SESSION SENATE JOINT RESOLUTION NO. 45 96TH GENERAL ASSEMBLY INTRODUCED BY SENATOR NIEVES. Read 1st tim e January 9, 2012, and ordered printed. TERRY L. SPIELER, Secretary. 4759S.02I JOINT RESOLUTION Submitting to the qualified voters of Missouri, an amendment to article I of the Constitution of Missouri, relating to state sovereignty. Be it resolved by the Senate, the House of Representatives concurring therein: That at the next general election to be held in the state of Missouri, on 2 Tuesday next following the first Monday in November, 2012, or at a special 3 election to be called by the governor for that purpose, there is hereby submitted 4 to the qualified voters of this state, for adoption or rejection, the following 5 amendment to article I of the Constitution of the state of Missouri: Section A. Article I, Constitution of Missouri, is amended by adding one 2 new section, to be known as section 35, to read as follows: Section 35. 1. That the state of Missouri hereby enforces its 2 constitutional sovereignty and the sovereignty of its citizens under the 3 Tenth Amendment to the Constitution of the United States of America 4 over all powers not enumerated and delegated to the federal 5 government by the Constitution of the United States of America, nor 6 prohibited by it to the states. 7 2. The state of Missouri shall: 8 (1) Uphold and defend the Constitution of the United States of 9 America by hereby prohibiting the Missouri legislative, executive, and 10 judicial branches of government from recognizing, enforcing, or acting 11 in furtherance of any federal law, executive order, judicial ruling, 12 administrative ruling, collection of revenue, dispersal of revenue, or 13 other action by the legislative, executive, or judicial branches of the 14 federal government that exceeds the limited powers enumerated and 15 delegated to the federal government; 16 (2) Not recognize, enforce, or act in furtherance of the following: SJR 45 2 17 (a) Federal actions restricting the right of private citizens to 18 bear arms; 19 (b) Federal actions legalizing or funding abortions, or the 20 destruction of any embryo containing human DNA from the zygote 21 stage onward through all stages of development; 22 (c) Any federal action requiring the sale or trade of carbon 23 credits or imposing a tax, fee, fine, or penalty on the release of carbon 24 emissions; 25 (d) Federal actions involving a public option for health care, 26 mandating end of life counseling, rationing health care, dictating or 27 limiting the type of treatment a doctor may provide to his or her 28 patient, authorizing or mandating the collection of a patient's medical 29 record into a database, covering illegal aliens under health insurance 30 or prohibiting enforcement of laws regarding coverage for illegal 31 aliens, mandating the benefits health insurance must cover, requiring 32 insurance providers to cover abortion services, restricting the ability 33 of patients to purchase health insurance in another state, or assessing 34 fees, fines, or penalties on employers who do not provide health 35 insurance to their employees or Missouri citizens who do not purchase 36 health insurance; 37 (e) Any federal action mandating the recognition of same sex 38 marriage, civil unions, or any relationship other than the marriage of 39 one man and one woman; 40 (f) Any federal action increasing the punishment for a crime 41 based on the thoughts of the perpetrator or the designation of the 42 crime as a "hate crime"; 43 (g) Any federal action regarding the establishment clause based 44 upon a "wall of separation" between church and state; 45 (h) Any federal action restricting the right of parents or 46 guardians to home school, enroll their children in a private or 47 parochial school, or placing restrictions on curriculum; 48 (3) Interpret the Constitution of the United States of America 49 based on its language and the intent of the signers of the Constitution 50 at the time of its passage. The several amendments shall be interpreted 51 by their language and the intent of the congressional sponsor and co- 52 sponsors of the amendment. Any interpretation of the Constitution 53 based on an emerging awareness, penumbras or shadows of the SJR 45 3 54 Constitution, a theory of the Constitution being a "living, breathing 55 document", or any interpretation that expands federal authority beyond 56 the limited powers enumerated and delegated to the federal 57 government, without an amendment to the Constitution, shall be 58 deemed to exceed the limited powers enumerated and delegated to the 59 federal government. 60 3. Missouri citizens shall have standing to bring a cause of action 61 to enforce the provisions of this section. Enforcement of this section 62 shall apply to federal actions taking effect after approval of this section 63 by Missouri voters, federal actions enumerated herein, and any federal 64 action, regardless of its effective date, the general assembly or Missouri 65 supreme court shall hereafter determine, in accordance with 66 subdivision (3) of subsection 2 of this section, to exceed the powers 67 enumerated and delegated to the federal government by the 68 Constitution of the United States of America. 69 4. As used in this section, the following terms mean: 70 (1) "Federal action", any federal law, executive order, judicial 71 ruling, administrative ruling, collection of revenue, dispersal of 72 revenue, or other action by the legislative, executive, or judicial 73 branches of the federal government that exceeds the limited powers 74 enumerated and delegated to the federal government by the 75 Constitution; 76 (2) "Public option", any health insurance plan passed after 77 January 1, 2009, operated by the federal government or its agent that 78 competes directly or indirectly with private health insurance providers; 79 (3) "Constitution", the Constitution of the United States of 80 America. 81 5. The provisions of this section are self-executing. All of the 82 provisions of this section are severable. If any of the provisions of this 83 section is found by a court of competent jurisdiction, in compliance 84 with subdivision (3) of subsection 2 of this section, to be 85 unconstitutional or unconstitutionally enacted, the remaining 86 provisions of this section shall be and remain valid. Any ruling by a 87 court of competent jurisdiction in violation of subdivision (3) of 88 subsection 2 of this section shall be invalid and not recognized, 89 enforced, or otherwise furthered in the state of Missouri. Section B. Pursuant to chapter 116, RSMo, and other applicable SJR 45 4 2 constitutional provisions and laws of this state allowing the general assembly to 3 adopt ballot language for the submission of a joint resolution to the voters of this 4 state, the official ballot title of the amendment proposed in section A of this 5 resolution shall be as follows: 6 "Shall the Missouri Constitution be amended to prohibit the state 7 of Missouri from recognizing, enforcing, or furthering any federal 8 law, executive order, judicial or administrative ruling, collection of 9 revenue, dispersal of revenue, or other action by the federal 10 government that exceeds the limited powers enumerated and 11 delegated to the federal government by the United States 12 Constitution?" T