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Representative Doug Funderburk (r) introduced  HB 1602 to apparently make our energy free, or something.

HB 1602 Creates the Missouri Energy Freedom Act

Sponsor: Funderburk, Doug (12) Proposed Effective Date: 08/28/2010

CoSponsor: Parkinson, Mark A. (16) ……….etal. LR Number: 3351L.01I

Last Action: 01/12/2010 – Introduced and Read First Time (H)

HB1602

Next Hearing: Hearing not scheduled

Calendar: Bill currently not on a calendar

Again, with sincere apologies to Atrios.

Rally ‘Round the “True Constitution”

Convinced that the 10th Amendment of the Constitution prohibits spending programs and regulations? Conservatives have a movement for you.

Ian Millhiser | August 25, 2009

…Tenthers divine all this from the brief language of the 10th Amendment, which provides that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In layman’s terms, this simply means that the Constitution contains an itemized list of federal powers — such as the power to regulate interstate commerce or establish post offices or make war on foreign nations — and anything not contained in that list is beyond Congress’ authority….

….The Constitution gives Congress the power “to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States,” thus empowering the federal government to levy taxes and leverage these revenues to benefit the American people. Tenthers, however, insist that these words don’t actually mean what they say, claiming that spending on things like health care, education, and Social Security is simply not allowed…

The bill, along with its boilerplate “Tenther” language:

SECOND REGULAR SESSION

HOUSE BILL NO. 1602

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES FUNDERBURK (Sponsor), PARKINSON, JONES (89), DAY, FISHER (125), RUESTMAN, BURLISON, NIEVES AND KOENIG (Co-sponsors).

3351L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to the Missouri energy freedom act.

Be it enacted by the General Assembly of the state of Missouri, as follows:

           Section A. Chapter 21, RSMo, is amended by adding thereto one new section, to be known as section 21.900, to read as follows:

           21.900. 1. This section shall be called and may be cited as the “Missouri Energy Freedom Act”.

           2. The general assembly declares that the authority for this section is the following:

           (1) Amendment X of the Constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Missouri certain powers as they were understood at the time that Missouri was admitted to statehood. The guarantee of those powers is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

           (2) Amendment IX of the Constitution of the United States guarantees to the people rights not granted in the Constitution and reserves to the people of Missouri certain rights as they were understood at the time that Missouri was admitted to statehood. The guarantee of those rights is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

           (3) The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to energy produced in the state of Missouri;

           3. Any energy produced in Missouri and that remains within the borders of Missouri shall not be subject to federal law or federal regulation.

Does this mean that Missouri’s lead mines [pdf] could get into the fuel additive business?

Other than the last line, the language is strikingly familiar with other superfluous republican offerings. For instance, this excerpt from HB 1506:

….2. The general assembly declares that the authority for this section is the following:

          (1) Amendment X of the Constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Missouri certain powers as they were understood at the time that Missouri was admitted to statehood. The guarantee of those powers is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

          (2) Amendment IX of the Constitution of the United States guarantees to the people rights not granted in the Constitution and reserves to the people of Missouri certain rights as they were understood at the time that Missouri was admitted to statehood. The guarantee of those rights is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

          (3) The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States…

The republican majority is guaranteeing that it’s gonna to be a long session with much sound and fury, signifying nothing. Or just plain crazy.