We’ve seen this before: HJR 88: a veritable thesaurus of tenther drivel (April 8, 2010)
Senator Brian Nieves (r), nothing, if not consistent, filed SJR 45 on January 9th. The bill summary:
Missouri State Senate
SJR 45 – Upon approval by the voters, this constitutional amendment prohibits the Missouri legislative, executive, and judicial branches of government from recognizing, enforcing, or acting in furtherance of any federal action that exceeds the powers delegated to the federal government.
The state also shall not recognize, enforce, or act in furtherance of any federal actions that: restrict the right to bear arms; legalize or fund abortions, or the destruction of any embryo from the zygote stage; require the sale or trade of carbon credits or impose a tax on the release of carbon emissions; involve certain health care issues; mandate the recognition of same sex marriage or civil unions; increase the punishment for a crime based on perpetrator’s thoughts or designate a crime as a hate crime; interpret the establishment clause as creating a wall of separation between church and state; or restrict the right of parents or guardians to home school or enroll their children in a private or parochial school or restrict school curriculum.
The state is also required to interpret the U.S. Constitution based on its language and the original intent of the signers of the Constitution. Amendments to the U.S. Constitution shall be interpreted based on their language and the intent of the congressional sponsor and co-sponsors of the amendment.
The amendment also declares that Missouri citizens have standing to enforce the provisions of the amendment and that enforcement of the amendment applies to federal actions taken after the amendment is approved by the voters, federal actions specified in the amendment, and any federal action, regardless of when it occurred, that the general assembly or the Missouri Supreme Court determines to exceed the powers enumerated and delegated to the federal government by the U.S. Constitution….
Some of the language from the bill:
….(2) Not recognize, enforce, or act in furtherance of the following:
(a) Federal actions restricting the right of private citizens to bear arms;
(b) Federal actions legalizing or funding abortions, or the destruction of any embryo containing human DNA from the zygote stage onward through all stages of development;
Abortion. Ban stem cell research. Double check.
Of course, there’s more:
(c) Any federal action requiring the sale or trade of carbon credits or imposing a tax, fee, fine, or penalty on the release of carbon emissions;
Unlimited air pollution. Cough. Check.
(d) Federal actions involving a public option for health care, mandating end of life counseling, rationing health care, dictating or limiting the type of treatment a doctor may provide to his or her patient, authorizing or mandating the collection of a patient’s medical record into a database, covering illegal aliens under health insurance or prohibiting enforcement of laws regarding coverage for illegal aliens, mandating the benefits health insurance must cover, requiring insurance providers to cover abortion services, restricting the ability of patients to purchase health insurance in another state, or assessing fees, fines, or penalties on employers who do not provide health insurance to their employees or Missouri citizens who do not purchase health insurance;
No access to health care, death panels, immigration, abortion (again), etc. Check, check, check, check, etc.
(e) Any federal action mandating the recognition of same sex marriage, civil unions, or any relationship other than the marriage of one man and one woman;
Teh gay. Check. Is friendship out? Just asking.
(f) Any federal action increasing the punishment for a crime based on the thoughts of the perpetrator or the designation of the crime as a “hate crime”;
Love is bad, hate is good. Check.
(g) Any federal action regarding the establishment clause based upon a “wall of separation” between church and state;
Uh? Would this cause an infinite loop in the Missouri Constitution? Just asking.
(h) Any federal action restricting the right of parents or guardians to home school, enroll their children in a private or parochial school, or placing restrictions on curriculum;
Wha? Okay, this is just paranoia.
And then, just for good measure:
(3) Interpret the Constitution of the United States of America based on its language and the intent of the signers of the Constitution at the time of its passage. The several amendments shall be interpreted by their language and the intent of the congressional sponsor and co-sponsors of the amendment. Any interpretation of the Constitution based on an emerging awareness, penumbras or shadows of the Constitution, a theory of the Constitution being a “living, breathing document”, or any interpretation that expands federal authority beyond the limited powers enumerated and delegated to the federal government, without an amendment to the Constitution, shall be deemed to exceed the limited powers enumerated and delegated to the federal government.
Marbury v Madison (1803), out?
….It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each….
Over two hundred years of stare decisis out. Check.
You’ve got to love this definition in the bill:
….(2) “Public option”, any health insurance plan passed after January 1, 2009, operated by the federal government or its agent that competes directly or indirectly with private health insurance providers;
For anyone keeping score, that would be the “let’s not touch Medicare or every senior in the state will vote for the other party in the foreseeable future” clause.
….Any ruling by a court of competent jurisdiction in violation of subdivision (3) of subsection 2 of this section shall be invalid and not recognized, enforced, or otherwise furthered in the state of Missouri….