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Tag Archives: Constitution

On “patriotic” pearl clutching

28 Sunday Aug 2016

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

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Colin Kaepernick, Constitution, patriotism

“….A person gets from a symbol the meaning he puts into it, and what is one man’s comfort and inspiration is another’s jest and scorn….”

On Friday:

Colin Kaepernick explains why he sat during national anthem
By Steve Wyche
NFL Media reporter
Published: Aug. 27, 2016 at 10:04 a.m. Updated: Aug. 28, 2016 at 04:05 a.m.

SANTA CLARA, Calif. — San Francisco 49ers quarterback Colin Kaepernick has willingly immersed himself into controversy by refusing to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States.

His latest refusal to stand for the anthem — he has done this in at least one other preseason game — came before the 49ers’ preseason loss to Green Bay at Levi’s Stadium on Friday night.

“I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” Kaepernick told NFL Media in an exclusive interview after the game. “To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder.”

[….]

Apparently a number of individuals have expressed their outrage at someone else expressing an opinion at a time and place other than what the outraged consider to be acceptable or polite.

From our past, in a time of war, no less:

WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624 (1943)

….Symbols of State often convey political ideas just as religious symbols come to convey theological ones. Associated with many of these symbols are appropriate gestures of acceptance or respect: a salute, a bowed or bared head, a bended knee. A person gets from a symbol the meaning he puts into it, and what is one man’s comfort and inspiration is another’s jest and scorn….

….The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections….

….Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men. Nationalism is a relatively recent phenomenon but at other times and places the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity. As governmental pressure toward unity becomes greater, so strife becomes more bitter as to whose unity it shall be. Probably no deeper division of our people could proceed from any provocation than from finding it necessary to choose what doctrine and whose program public educational officials shall compel youth to unite in embracing. Ultimate futility of such attempts to compel coherence is the lesson of every such effort from the Roman drive to stamp out Christianity as a disturber of its pagan unity, the Inquisition, as a means to religious and dynastic unity, the Siberian exiles as a means to Russian unity, down to the fast failing efforts of our present totalitarian enemies. Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard….

….But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.

If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us….

Yes, that is all about the role of government, but understanding what the Constitution is and accepting it is toddler level basic to being an American.

Clutch your pearls, whine all you want, judge others to your heart’s content, criticize others until you’re blue in the face, but take your self righteousness and shove it. You get no sympathy from me about your personal outrage when someone else expresses an opinion counter to your interpretation of the conventional.

To do otherwise would be un-American.

Oh, and expressing your opinion, which is not binding on others in this country, does not insulate you from an expression of contrary opinions by others.

Welcome to America.

Originalism in a time of argle-bargle

14 Sunday Feb 2016

Posted by Michael Bersin in Uncategorized

≈ 5 Comments

Tags

Antonin Scalia, Barack Obama, Constitution, Mitch McConnell, Obstructionism, Supreme Court

What is written:

United States Constitution
Article II

Section 1.
The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years….

Section 2.
….He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law….

Apparently the President of the United States holds office and exercises executive powers for a full four year term. Included in that is the power to nominate individuals to fill a vacancy on the Supreme Court.

What is said – Associate Supreme Court Justice Antonin Scalia (March 4, 2008):

….I belong to a school of interpretation called ‘originalism’. Uh, sometimes people come up to me, screw up their faces and ask, ‘Justice Scalia. When did you first become an originalist?’ [laughter] Like it’s a terrible disease [laughter]….

….It used to be orthodoxy….

….The Constitution does not change. It means today what it originally meant when the people adopted it. Now, of course, you have to apply some of its provisions to new phenomena. In so far as it applies to existing phenomena, it’s the same. It does not morph….

“….In so far as it applies to existing phenomena, it’s the same. It does not morph….”

A press release from Senate Majority Leader Mitch McConnell (r), via Facebook:

….The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President…

We’d all have to wait at least another year. Evidently not an originalist.

Previously:

The world has changed (February 13, 2016)

Campaign Finance: egg money

09 Wednesday Jul 2014

Posted by Michael Bersin in Uncategorized

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agriculture, Amendment 1, campaign finance, Constitution, missouri, Right to Farm

“…Today in Missouri, as wll as Oklahoma, Indiana, and two other states, corporate agriculture is trying to put their guarantee to farm in state constitutions…” – former Missouri Lieutenant Governor Joe Maxwell.

Yesterday, at the Missouri Ethics Commission:

C101457 07/08/2014 MISSOURI FARMERS CARE Missouri Egg Council, Inc. 1000 W. Nifong Blvd Bldg 5 Columbia MO 65203 7/7/2014 $10,000.00

C101457 07/08/2014 MISSOURI FARMERS CARE FCS Financial 1934 E. Miller Jefferson City MO 65101 7/8/2014 $30,000.00

[emphasis added]

It must be nice that someone cares, in $10,000.00 increments.

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Joe Maxwell – “No” on Amendment No. 1 (July 8, 2014)

Joe Maxwell – “No” on Amendment No. 1

08 Tuesday Jul 2014

Posted by Michael Bersin in Uncategorized

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Amendment 1, Constitution, Joe Maxwell, missouri, Right to Farm

“…They’re putting up big signs, But, as we say, signs don’t vote…”

On July 7, 2014 in Springfield, Missouri former Missouri Lieutenant Governor Joe Maxwell (D) spoke on voting “no” on Amendment No. 1.

Video by Jerry Schmidt.

From the video description:

Missouri Right to Farm Amendment

This issue will be on your ballot August 5 as Amendment One to the state constitution.

This amendment does not originate organically from our legislator’s recognizing a need for Missouri people. It is rather a product of ALEC […]

There are several Right to Farm states already. This amendment promotes a corporatist agenda. Down deep in the language of the document there is permission for Corporations to pollute, treat animals very badly, and harm our food system.

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords…

02 Wednesday Jul 2014

Posted by Michael Bersin in Uncategorized

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agriculture, amendment, Constitution, missouri, Right to Farm

Oh, wait.

“Useless laws weaken the necessary laws.” – Charles-Louis de Secondat, baron de La Brède et de Montesquieu (1689 – 1755)

4 x 8 signs promoting the “right to farm” amendment to the Missouri Constitution are popping up like mushrooms across the rural landscape. As if family farms are under some sort of existential threat from public sentiment or government overreach? It’s probably got something to do with puppies! Uh, yep.

Thumbing their nose at the establishment – along a highway in west central Missouri.

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Speaker Pro Tem Denny Hoskins (r): obviously not an “originalist”

14 Friday Mar 2014

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

4th Amendment, Antonin Scalia, Constitution, Denny Hoskins, HB 1388, missouri, privacy

U.S. Supreme Court Justice Antonin Scalia in Warrensburg, Missouri on March 4, 2008:

[Do you believe that there is a right to privacy under the United States Constitution?]

Oh, there certainly is and it us, uh, contained in the Fourth Amendment. And it says “that the people shall be secure in their persons, houses, papers and effects against unreasonable searches and seizures.” Period. There is not a generalized right of privacy, whatever that means. What is a generalized right of privacy [garbled]? One of our, one of our, one of our opinions says it means “the right to be left alone”. [laughter] Right. This is anarchy…

…[wire tapping] So, there is no, what should I say, exclusion from democratic debate of – conversations. It’s something for the people to decide whether you should have wiretapping or not….[as practice now]…This generalized right of privacy which comes from, what is it, penumbras and emanations from the Fourth and a lot of other ridiculous stuff. Uh, you know the consequences of that? Surely one of the major policy issues around these days is whether, uh, the Federal government can listen in on these international phone calls to find what the bad guys are doing. It used to be up to the Congress to decide whether the danger was high enough and the risk of invading people’s privacy high enough to permit that. No longer. It’s a question for me now. It’s a question for me. That’s what happens when you, when you read more and more stuff into the Constitution – you reduce democracy.

[emphasis added]

Speaker Pro Tem Denny Hoskins (r), today:

Denny Hoskins, CPA

Speaker Pro Tem

Missouri House of Representatives

District 54

[….]

Capitol Report

March 13, 2014

Prioritizing Missourian’s Privacy

The United States Constitution guarantees citizens the right to privacy, but with the law failing to keep up with technology sometimes that right can fall into question. HB 1388 (Cornejo) prevents law enforcement from tracking the location of your electronic devices without a warrant. Exemptions are made if the device is stolen, an emergency call is made from the device, in life-threatening situations, and if the owner gives consent. This bill would make information obtained outside these exceptions inadmissible in court and helps protects Missourians from law enforcement encroaching in their private lives.

[….]

“…The United States Constitution guarantees citizens the right to privacy…”

“…There is not a generalized right of privacy, whatever that means…”

Representative Denny Hoskins (r) isn’t quite subscribing to “originalist” doctrine. The thing is, Antonin Scalia is one of nine people who would have the final word on the matter.

Previously:

Antonin Scalia: on privacy, then and now (May 8, 2009)

Antonin Scalia in Warrensburg, part 4 (March 7, 2008)

HB 436: we told you so

05 Friday Jul 2013

Posted by Michael Bersin in Uncategorized

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Brain Nieves, Constitution, General Assembly, guns, HB 436, Jay Nixon, missouri, nullification, Teabaggers, veto, wingnuts

Previously:

HB 436: loonier than Wayne LaPierre at a press conference (February 5, 2013)

Ladies and gentlemen, your right wingnut controlled General Assembly (May 9, 2013)

HB 436: nullification – there’s no such thing as a moderate republican (May 10, 2013)

State Treasurer Clint Zweifel (D) – Missouri Boys State – June 17, 2013 – one word (June 17, 2013)

Governor Jay Nixon (D) vetoed the right wingnut gun nullification bill today. In his veto message [pdf] Teacher Jay Nixon had to spend time schooling the republican controlled General Assembly since they had obviously slept through all of their class sessions when the U.S. Constitution was covered:

July 5, 2013

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you Senate Committee Substitute for House Committee Substitute for House Bill No. 436 entitled:

AN ACT

To repeal sections 21.750, 571.030, 571.101, 571.107, 571.117, and 590.010, RSMo, and to enact in lieu thereof fourteen new sections relating to firearms, with a penalty provision.

I disapprove of Senate Committee Substitute for House Committee Substitute for House Bill No. 436. My reasons for disapproval are as follows:

Senate Committee Substitute for House Committee Substitute for House Bill No. 436 violates the Supremacy Clause of the United States Constitution as well as an individual’s free exercise of speech protected by both the federal and state constitutions.

I. Violates the Supremacy Clause of the United States Constitution

Senate Committee Substitute for House Committee Substitute for House Bill No. 436 violates the Constitution of the United States, Article VI, Clause 2, commonly referred to as the Supremacy Clause. A conflicts-of-law provision, the Supremacy Clause was designed to provide a mechanism to enforce federal acts and to resolve discord between state and federal laws that touch upon the same subject, giving precedence to the laws of the nation over those of the respective states.

At the time of the Constitutional Convention, the framers proposed a number of ideas to resolve conflict between state and federal law, including the Virginia Plan where Congress would have been given the direct power to “negative” or veto state laws. Ultimately, however, the Supremacy Clause was adopted – an idea derived from Alexander Hamilton’s federalist Paper No. 33 and James Madison’s Federalist paper No. 44, but proposed for inclusion in the Constitution by Anti-Federalist Luther Martin. It states:

This Constitution, and the laws of the United States which shall be made in Pursuance thereof; and all treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution of Laws of any State to the Contrary notwithstanding.

The Supremacy Clause becomes relevant when state law conflicts with federal statute, or when it is impossible to comply with both state and federal law, or, as in the particular case of Senate Committee Substitute for House Committee Substitute for House Bill No. 436, when a state law “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress,” Hines v. Davidowitz, 312 U.S. 52 (1941), see also Crosby v. National Foreign Trade Council, 530 U.S. 363 (2000). By seeking to declare certain federal acts null and void, Senate Committee Substitute for House Committee Substitute for House Bill No. 436 seeks to turn the hierarchy of our national framework of laws on its head in clear violation of Article VI of the U.S. Constitution.

In addition, Senate Committee Substitute for House Committee Substitute for House Bill No. 436 would deprive a federal agent of his or her authority to enforce certain federal acts within the state; indeed it would make such conduct a crime. The lineage of cases prohibiting this type of legislation dates back to 1819, when Chief Justice John Marshall, writing for a unanimous U.S. Supreme Court in McCullough v. Maryland, solidified the principle that the Supremacy Clause prevents states from regulating, interfering with, or controlling federal instrumentalities. 17 U.S. 316 (4 wheat.). Decades later, in Tennessee v. Davis, the Court reiterated this position: “No state government can exclude [a federal agency] from the exercise of any authority conferred upon it by the Constitution….” (100 U.S. 257 (1879)). And, in 1890, the Court ruled that a state does not have criminal jurisdiction over a federal agent who commits an act in the performance of his official functions. In re Neagle 135 U.S. 1.

Notwithstanding McCullough and its progeny, states have, from time to time, attempted to resurrect the pre-Civil war concept of nullification, an argument that individual states, either through legislation or state court ruling, can decide for themselves if a federal law is constitutional, all in an effort to distance a state from the reach of Congress. Counted among such efforts is now Senate Committee Substitute for House Committee Substitute for House Bill No. 436, which seeks to not only prevent federal agents from performing their sworn duties within Missouri, but to exempt Missouri from a number of named and unnamed federal acts.

Of course, an individual state is not empowered to determine which federal laws it will comply with, nor is it empowered to declare a federal act to be unconstitutional. Under Article III of the U.S. Constitution, the authority to declare a federal act unconstitutional is within the sole province of the federal courts. See Cohens v. Virginia, 19 U.S. 264 (1821); see also Cooper v. Aaron, 358 U.S. 1 (1958). Notably, the federal acts targeted in the bill for nullification have not been deemed unconstitutional by a federal court.

The doctrine of supremacy is logically sound as it is legally well-established. Consider how our nation’s efforts during the Second World war might have been frustrated if, following the passage of the Burke-Wadsworth Act, individual states could have exempted their citizens from selective service, or how one state’s economic prosperity might have been diminished if one or more contiguous states opted out of the Federal Highway Act of 1956, thereby making it more difficult to bring goods and services to market.

Still, nullification advocates often reference the Kentucky and Virginia Resolutions of 1798 and 1799, in which Thomas Jefferson and James Madison asserted a state’s right to nullify the Alien and Sedition Acts (though the respective states chose not to assert that right). Jefferson and Madison argued that the states must have the final word because the Constitution had not expressly established an ultimate authority on constitutional matters. However, a few years later in Marbury v. Madison, the Supreme Court unanimously held that: “It is emphatically the province and duty of the judicial department to say what the law is.” 5 U.S. 137 (1803).

Nontheless, from the 1820s throughout the 2000s, nullification attempts periodically surfaced, but consistently failed. Shortly after McCullough, the Ohio legislature passed a resolution rejecting Chief Justice Marshall’s ruling and then legislatively imposed a tax on the federal bank. In response, the U.S. Supreme Court, in Osborne v. Bank of the United States, held that Ohio’s tax was “repugnant to a law of the United States…and therefore void.” 22 U.S. (9 Wheat.) 738 (1824).

More than a century later in Cooper v. Aaron, the Supreme Court, relying on the Supremacy Clause, rejected attempts by the State of Arkansas to ignore its direction to desegregate schools in Brown v. Board of Education, stating that nullification was not “a constitutional doctrine…[but] illegal defiance of constitutional authority.” 358 U.S. 1 (1958). At the time of the Brown decision, the Missouri Constitution of 1945 contained a provision that required separate schools based on race (Art IX, Sec. 1). However, Missouri properly recognized the legal authority of the United States Supreme Court and, soon after Brown, Attorney General John M. Dalton declared that the State Constitution and any statutes requiring segregation were “superseded by the decision of the Supreme Court of the United States and are, therefore, unenforceable….” Daugherty, B.J, & Bolton, C.C. With all deliberate speed: Implementing Brown v. Board of Education, 179. University of Arkansas Press, 2008. Also, the state board of education adopted a resolution stating its intent to implement Brown, and Governor Phil M. Donnely joined by stating that Missouri would follow Brown’s requirements.

Even recently, efforts to nullify federal laws have continued without success. The Supreme Court of Montana, swayed by the unique character of its state, mimicked Ohio’s defiance of McCullough in upholding a state law that limited contributions by corporations, despite the U.S. Supreme Court’s ruling to the contrary in Citizens United v. Federal Election Commission. 558 U.S. 310 (2010). The  U.S. Supreme Court, confronted with the question of whether Citizens United applied to state law, unequivovally affirmed the long-standing supremacy doctrine by stating: “There can be no serious doubt that it does.” American trade partnership, Inc. v. Bullock, 132 S.Ct. 2490 (2012).

II. Violates the Free Exercise of Speech protected by the State and Federal Constitutions

Senate Committee Substitute for House Committee Substitute for House Bill No. 436 would also infringe upon an individual’s freedom of speech protected by the federal and state Constitutions by making it a crime to publish the name or other information or someone who owns a firearm.

There is no shortage of unacceptable scenarios that could result from this provision. As one example, newspapers around the state annually publish photos of proud young Missourians who harvest their first turkey or deer. Under this bill, doing so would be a crime. Also, and somewhat ironically, a reporter who prints a photo of a local rally being held in support of gun rights could face up to a year in jail or a thousand dollar fine, or both.

In addition, a reporter would be precluded from writing or tweeting the name of a burglary victim who had his or her firearm stolen, or even from doing a story on a candidate in an upcoming General Assembly election if that candidate owns a firearm. Presumably, a reporter could not even attach her name to any story if she herself is a gun owner. Moreover, there is nothing in the bill’s broad prohibitive language that would prevent criminal charges if a firearm owner is mentioned in court records or police reports, or even by a private citizen on a social networking site. Such a list of examples is conceivably endless. That said, and putting aside the perplexing paradox of seeking to protect one constitutional right by significantly diminishing another, curtailing speech in such a manner clearly violates the free exercise of speech protected by the state and federal constitutions.

Conclusion

In light of Article VI, Clause 2, of the U.S. Constitution, the guarantee of an individual’s freedom of speech contained in both the federal and state Constitutions, as well as the vast and enduring case law affirming the supremacy doctrine and invalidating the concept of nullification, it can safely be determined that Senate Committee Substitute for House Committee Substitute for House Bill No. 436 is, in multiple respects, constitutionally impermissible.

In accordance with the above stated reasons for disapproval, I am returning Senate Committee Substitute for House Committee Substitute for House Bill No. 436 without my approval.

Respectfully submitted,

s/

Jeremiah W. (Jay) Nixon

Governor

Shorter Jay Nixon (D): maroons.

HB 170: so much for “originalism”

16 Wednesday Jan 2013

Posted by Michael Bersin in Uncategorized

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Constitution, guns, HB 170, missouri, supremacy clause, tenthers

In the United States Constitution, Article VI:

….This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding….

HB 170, introduced in the Missouri House yesterday:

FIRST REGULAR SESSION

HOUSE BILL NO. 170

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES GUERNSEY (Sponsor), CURTMAN, JOHNSON, HINSON, KOLKMEYER, SMITH (120), NEELY, HIGDON, DAVIS, WILSON, SHULL, LOVE, PHILLIPS, ROWLAND, RHOADS, MILLER, FOWLER, LANT, CRAWFORD, BROWN, REDMON, FRANKLIN, KEENEY, REIBOLDT, FITZPATRICK, PIKE, LAIR, BRATTIN, DUGGER, FITZWATER, BURLISON, PARKINSON, ELMER, MCCAHERTY, CONWAY (104), HOUGHTON, BERNSKOETTER, LICHTENEGGER, ZERR, FLANIGAN, ALLEN, SCHIEBER, KELLEY (127), HICKS, RIDDLE, WALKER, HANSEN, WHITE, NETH, MUNTZEL, REMOLE, GATSCHENBERGER, FREDERICK, SPENCER, MOLENDORP, MCGAUGH, HURST, COOKSON, ROSS, POGUE, LEARA AND THOMSON (Co-sponsors).

0894H.01I   D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 571, RSMo, by adding thereto one new section relating to firearms, with a penalty provision and an emergency clause.

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

           Section A. Chapter 571, RSMo, is amended by adding thereto one new section, to be known as section 571.048, to read as follows:

           571.048. 1. It shall be unlawful for any officer or employee of this state, or any political subdivision, or any federal firearms dealer licensed under 19 U.S.C. Section 923 to enforce or attempt to enforce any act, law, statute, rule, or regulation of the federal government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the boundaries of the state of Missouri.

           2. Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony.

           3. Any person in violation of a federal law relating to the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition owned or manufactured and retained exclusively with the boundaries of the state of Missouri may request the attorney general to defend him or her for such violation.

           4. Any federal law, rule, regulation, or order created or effective on or after January 1, 2013 shall be unenforceable in the state of Missouri if the law, rule, regulation, or order attempts to:

           (1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or

           (2) Require any firearm, magazine, or other firearm accessory to be registered in any manner.

           Section B. Because immediate action is necessary to protect the rights of the citizens of this state the enactment of section 571.048 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 571.048 of section A of this act shall be in full force and effect upon its passage and approval.

“….Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony….”

“….Any federal law, rule, regulation, or order created or effective on or after January 1, 2013 shall be unenforceable in the state of Missouri if the law, rule, regulation, or order attempts to: (1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or (2) Require any firearm, magazine, or other firearm accessory to be registered in any manner….”

You and what air force?

Just more tenther twaddle. Jobs bill, anyone?

Previously:

HB 162: Tenthers and guns, what could go wrong? (January 15, 2013)

HJR 5: Seriously?

25 Tuesday Jan 2011

Posted by Michael Bersin in Uncategorized

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Constitution, fishing, HJR 5, hunting, missouri, Missouri General Assembly

In case you weren’t aware some members of the Missouri House are so interested in an existential threat to our personal freedoms wasting everyone’s time on symbolic bills that they’ve introduced a constitutional amendment to enshrine our personal right to hunt and fish.

FIRST REGULAR SESSION

HOUSE JOINT RESOLUTION NO. 5

96TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES POLLOCK (Sponsor), SCHOELLER, WELLS, DENISON, THOMSON, SMITH (150), KORMAN, HOUGHTON, BURLISON, BLACK, ENTLICHER, DUGGER, COOKSON, KLIPPENSTEIN, SCHATZ, DAVIS, McCAHERTY, FITZWATER, HINSON, KELLEY (126), HARRIS, FRANKLIN, BRATTIN, WYATT, WHITE, BROWN (116), RICHARDSON, HOUGH, RIDDLE, WRIGHT, LICHTENEGGER, LOEHNER, WETER, KEENEY, TILLEY, ALLEN, NASHEED, McGHEE, DIECKHAUS, SCHAD, RUZICKA, LAIR, FISHER, PHILLIPS, HIGDON, JONES (117), JONES (89), REDMON, CRAWFORD, ELMER, LANT, REIBOLDT, COX, GUERNSEY, HOSKINS, CIERPIOT, SCHIEFFER, SHUMAKE, CURLS AND ZERR (Co-sponsors).

0597L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

JOINT RESOLUTION

Submitting to the qualified voters of Missouri, an amendment to article I of the Constitution of Missouri, and adopting one new section relating to the personal right to hunt and fish.

Be it resolved by the House of Representatives, the Senate concurring therein:

           That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2012, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article I of the Constitution of the state of Missouri:

           Section A. Article I, Constitution of Missouri, is amended by adding one new section, to be known as section 35, to read as follows:

           Section 35. That the citizens of this state shall have the personal right to hunt and fish, subject to reasonable regulations and restrictions as provided by law. The recognition of this right does not abrogate any private or public property rights, nor does it limit the state’s power to regulate commercial activity. Traditional manners and means may be used to take nonthreatened species.

[emphasis in original]

Does this mean, because hunting will be constitutionally “subject to reasonable regulations and restrictions”, that we’ll have to get a license to add to our Lepidoptera collection? When butterfly nets are outlawed, only outlaws will have butterfly nets.

Since corporate personhood is now a given, will we have to fight for elbow room with a multinational on opening day? Just asking. That commerce clause reference makes one pause, eh?

Is anyone in Jefferson City interested in spending time addressing job creation and unemployment? Anyone?

HB 198: Merry Chrismahanakwanzukah redux

19 Wednesday Jan 2011

Posted by Michael Bersin in Uncategorized

≈ 2 Comments

Tags

Chrismahanakwanzukah, Constitution, establishment clause, General Assembly, HB 198, missouri

Oh, brother:

FIRST REGULAR SESSION

HOUSE BILL NO. 198

96TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES DENISON (Sponsor), HOUGH, DUGGER, COX, KELLY (24), WALLINGFORD, KORMAN, BRANDOM, GATSCHENBERGER, POLLOCK, RUZICKA, FRANZ, SCHNEIDER, STREAM, LEARA, NOLTE, DIEHL, SHUMAKE, ROWLAND, FUNDERBURK, HINSON, NANCE, RIDDLE, SCHAD, CIERPIOT, MOLENDORP, JONES (63), AULL, McNEIL, BROWN (50), SWINGER, WEBB, CONWAY (27), HODGES, QUINN, BLACK, KRATKY, McDONALD, MEADOWS, FALLERT, CASEY, SCHIEFFER, WELLS, FISHER, SATER, ALLEN, CAUTHORN, LICHTENEGGER, SILVEY, BROWN (116), THOMSON, LAUER, CRAWFORD, ELMER, WHITE, DAVIS, BRATTIN, WIELAND, SCHATZ, HOUGHTON, PHILLIPS, GRISAMORE, SCHOELLER AND DAY (Co-sponsors).

0876L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 9, RSMo, by adding thereto one new section relating to designation of Christmas Day in Missouri.

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

           Section A. Chapter 9, RSMo, is amended by adding thereto one new section, to be known as section 9.012, to read as follows:

           9.012. December twenty-fifth of each year shall be known and designated as “Christmas Day” in Missouri, and shall be set apart as a day in honor of the Christian feast commemorating the birth of Jesus Christ.

[emphasis added]

Establishment clause, anyone?

Sponsored by the usual suspects who haven’t bothered to read the Missouri Constitution:

Missouri Constitution

Article I

BILL OF RIGHTS

Section 7

Public aid for religious purposes–preferences and discriminations on religious grounds.

Section 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship.

If they pass this they’re gonna have to designate September 19th as “Talk Like a Pirate Day” for Pastafarians.

Article IX

EDUCATION

Section 8

Prohibition of public aid for religious purposes and institutions.

Section 8. Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

Oh, they must have thought it was The Santa Clause.

Previously:

HB 1425: Merry Chrismahanakwanzukah (January 11, 2010)

HJR 62: brace yourself for “Talk Like a Pirate Day” (May 5, 2010)

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