A bill, introduced today by Representative Chrissy Sommers (r):

SECOND REGULAR SESSION

HOUSE BILL NO. 1556

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor), BRATTIN AND ENGLISH (Co-sponsors).

5577H.01I        D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to the Missouri firearms 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 21.755, to read as follows:

          21.755. 1. This section shall be called and may be cited as the “Missouri Firearms 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 the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition;

           (4) Amendment II of the Constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time Missouri was admitted to statehood, and the guarantee of the right 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; and

           (5) Article I, section 23, Constitution of Missouri clearly secures to Missouri citizens, and prohibits government interference with, the right of individual Missouri citizens to keep and bear arms.

           3. As used in this section, unless the context otherwise requires, the following terms shall mean:

           (1) “Firearms accessories”, items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination;

           (2) “Generic and insignificant parts”, includes but is not limited to springs, screws, nuts, and pins;

           (3) “Manufactured”, creating a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness including, but not limited to, forging, casting, machining, or other processes for working materials.

           4. A personal firearm, a firearm accessory, or ammunition manufactured commercially or privately in Missouri and that remains within the borders of Missouri is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Missouri from basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Missouri and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Missouri does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, or ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of Congress to regulate interstate commerce in basic materials does not include the authority to regulate firearms, firearms accessories, or ammunition made in Missouri from those materials. Firearms accessories that are imported into Missouri from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Missouri.

           5. The provisions of this section shall not apply to:

           (1) A firearm that cannot be carried and used by one person;

           (2) A firearm that has a bore diameter greater than one half inch and that uses smokeless powder, not black powder, as a propellant;

           (3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

           (4) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

           6. A firearm manufactured or sold in Missouri under the provisions of this section shall have the words “Made in Missouri” clearly stamped on a central metallic part, such as the receiver or frame.

Yawn.

Previously:

HB 1163: Hey, the Feds won’t be able to regulate our stoopid if we keep it to ourselves! (December 14, 2013)

This could explain why they keep voting for the same tenther bills every session (December 14, 2013)

HB 1164: What, there’s nothing in there about fluoridation? (December 15, 2013)

HB 1161: You mean like the U.S. Supreme Court? (December 15, 2013)

HB 1439: *JAPRWTNGB (January 16, 2014)

Previously:

HB 1163: Hey, the Feds won’t be able to regulate our stoopid if we keep it to ourselves! (December 14, 2013)

This could explain why they keep voting for the same tenther bills every session (December 14, 2013)

HB 1164: What, there’s nothing in there about fluoridation? (December 15, 2013)

Representative Chrissy Sommer (r) has created something of a cottage industry in Missouri prefiling tenther bills for the regular session. This one, on December 11, 2013:

SECOND REGULAR SESSION

HOUSE BILL NO. 1161

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor) AND ENGLISH (Co-sponsor).

4272H.01I             D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to the joint committee on the tenth amendment.

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 21.960, to read as follows:

           21.960. 1. There is hereby established the “Joint Committee on the Tenth Amendment”, which shall:

           (1) Identify proposed federal legislation that infringes on Missouri’s state sovereignty under the Tenth Amendment to the United States Constitution;

           (2) Advise and make recommendations to the general assembly regarding any state legislation necessary to preserve the integrity and principles of the Tenth Amendment to the United States Constitution; and

           (3) Refer cases to the attorney general when the federal government takes steps that require the state or a state officer to enact or enforce a provision of federal law that lies outside Congress’s enumerated powers and intrudes on the sovereignty reserved to the states by the Tenth Amendment to the United States Constitution. The attorney general is authorized to seek appropriate relief to preserve the state’s sovereignty.

           2. The joint committee shall be comprised of six members of the senate and six members of the house of representatives. The senate members shall be appointed by the president pro temore of the senate and the house members shall be appointed by the speaker of the house of representatives. The appointment of members shall continue during their term in office as members of the general assembly or until a successor has been duly appointed to fill their place when their term of office as members of the general assembly has expired.

           3. The joint committee shall hold an annual meeting at which it shall elect from its membership a chairperson and vice chairperson. The joint committee may hold such additional meetings as may be required in the performance of its duties.

           4. The general assembly shall provide administrative support and staff as necessary for the effective operation of the joint committee from existing resources. Any expenditure of the joint committee shall be subject to appropriation.

[emphasis in original]

“…Identify proposed federal legislation that infringes on Missouri’s state sovereignty under the Tenth Amendment to the United States Constitution…”

For right wingnuts that’s all federal legislation, isn’t it? Just asking.

“…Refer cases to the attorney general when the federal government takes steps that require the state or a state officer to enact or enforce a provision of federal law that lies outside Congress’s enumerated powers and intrudes on the sovereignty reserved to the states by the Tenth Amendment to the United States Constitution. The attorney general is authorized to seek appropriate relief to preserve the state’s sovereignty…”

Uh, like the Missouri Attorney General needs a joint legislative committee to decide what cases to pursue? If that’s the intent, let’s just get rid of that statewide office.

Uh, and while we’re at it, doesn’t the U.S. Supreme Court decide what’s constitutional and what isn’t? Just asking.

We started noticing this type of tenther drivel in various guises around ten years ago. There has been a lot of ink and electrons expended on the subject since.

Dangerous ‘State Sovereignty’ Myth

March 6, 2013

By Robert Parry

…Nowhere in the document [United States Constitution] is there wording about states being “independent sovereigns.” And, the words aren’t there because the Framers – the likes of George Washington and James Madison – willfully removed them, with prejudice as a court might say.

General Washington despised the concept of state sovereignty viscerally because of his experience as commander-in-chief of the Continental Army, which often suffered when states reneged on promised support. Madison saw the Articles of Confederation threatening the nation’s hard-won independence and holding back the nation’s economic growth.

As the chief architect of the Constitution, Madison gave the federal government sweeping authority over a wide variety of national matters, including commerce. He wanted to give Congress direct power over state laws but settled for federal courts having the authority to review and strike down state statutes. [….]

Yes, I know today’s Neo-Confederates make much of the Tenth Amendment, which asserts 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.”

But the Right’s historical revisionists miss the key point here. The Constitution already had granted broad powers to the federal government so the states were left largely with powers over local matters – and even those actions could be struck down if they were found to violate federal law.

To further appreciate how modest the Tenth Amendment is, you must compare its wording with Article II of the Articles of Confederation, which is what it replaced. Article II stated that “each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated.” In other words, the power relationship between the states and the federal government had been flipped.

Still, today’s Neo-Confederates make mischief with the inconsequential Tenth Amendment, transforming it into some grand governing principle when it was just a rhetorical sop to the Anti-Federalists, who fiercely opposed the Constitution because they recognized what it was, a major shift of power from the states to the federal government….

Using wedge issues to pursue a hundred fifty year old grudge – welcome to America in the 21st century.

A tenther/gun bill prefiled for the regular session by Representative Chrissy Sommer (r) on December 11, 2013:

SECOND REGULAR SESSION

HOUSE BILL NO. 1164

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor) AND ENGLISH (Co-sponsor).

4469H.01I         D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal section 571.030, RSMo, and to enact in lieu thereof two new sections relating to firearms, with a penalty provision.

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

           Section A. Section 571.030, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 21.755 and 571.030, to read as follows:

           21.755. 1. This section shall be called and may be cited as the “Missouri Firearms 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 the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition;

           (4) Amendment II of the Constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time that Missouri was admitted to statehood, and the guarantee of the right 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; and

           (5) Article I, section 23, Constitution of Missouri clearly secures to Missouri citizens, and prohibits government interference with, the right of individual Missouri citizens to keep and bear arms.

           3. As used in this section, unless the context otherwise requires, the following terms shall mean:

           (1) “Firearms accessories”, items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination;

           (2) “Generic and insignificant parts”, includes but is not limited to springs, screws, nuts, and pins;

           (3) “Manufactured”, creating a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.

           4. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Missouri and that remains within the borders of Missouri is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Missouri from basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Missouri and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Missouri does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, or ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of Congress to regulate interstate commerce in basic materials does not include the authority to regulate firearms, firearms accessories, or ammunition made in Missouri from those materials. Firearms accessories that are imported into Missouri from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Missouri.

           5. The provisions of this section shall not apply to:

           (1) A firearm that cannot be carried and used by one person;

           (2) A firearm that has a bore diameter greater than one half inch and that uses smokeless powder, not black powder, as a propellant;

           (3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

           (4) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

           6. A firearm manufactured or sold in Missouri under the provisions of this section shall have the words “Made in Missouri” clearly stamped on a central metallic part, such as the receiver or frame.

[….]

[emphasis in original]

Even more tenther drivel.

“….’Firearms accessories’, items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination….”

Uh, that would be silencers, right? Does any rational person think that’s a good idea?

“….Firearms accessories that are imported into Missouri from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Missouri….”

Yes, but those parts would still have the foundational taint of Federal regulatory tyranny. It just wouldn’t be the same as a totally free Missouri firearm (Don’t get excited, you’d still have to pay to own one, but you could so preferably with the tax free gold bullion you’ve acquired).

It’ll probably pass with veto proof majorities in both chambers.

Previously:

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

HB 170: so much for “originalism” (January 16, 2013)

HB 276: Shootout at the K-12 corral? (January 27, 2013)

HB 350: “Nobody move suddenly, he’s got a duck and he knows how to use it.” (January 29, 2013)

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

HB 420: when pie tins are outlawed, only outlaws will have pie tins (February 5, 2013)

Missouri General Assembly: it’s their world, the rest of us only get to live in it (February 18, 2013)

HB 633: we really never do get out of junior high school (February 18, 2013)

HB 640: the devil is always in the details (February 20, 2013)

HB 640: ballots don’t kill people, people do (February 20, 2013)

HB 754: yet another double plus ungood gun fetishist bill (March 3, 2013)

HB 818: it’s gotta be another gun bill, the republican run General Assembly is in session (March 7, 2013)

HB 859: shuffling the ammo magazines on the Titanic (March 14, 2013)

HB 872: Why not just allow people to inherit it? (March 14, 2013)

HB 1022: favoritism (April 8, 2013)

Introduced last week:

FIRST REGULAR SESSION

HOUSE BILL NO. 754

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor), HICKS, SPENCER, BROWN AND PARKINSON (Co-sponsors).

0746L.02I     D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal sections 571.107 and 571.121, RSMo, and to enact in lieu thereof four new sections relating to the carrying of concealed firearms, with penalty provisions.

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

Section A. Sections 571.107 and 571.121, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 160.670, 571.107, 571.108, and 571.121, to read as follows:

           160.670. 1. The provisions of this section shall be known and referred to as the “Missouri Strategic Action for Emergencies Act” or “Mo. S.A.F.E.”.

[….]

571.108. 1. Any person who has a valid concealed carry endorsement or a certificate of qualification for a concealed carry endorsement or who makes application for a concealed carry endorsement may also make application for a concealed carry endorsement plus. Such application shall be made to the sheriff in the county or city in which the applicant resides. Upon receipt of such certificate, the certificate holder shall apply for a driver’s license or nondriver’s license with the director of revenue in order to obtain a concealed carry endorsement plus. A concealed carry endorsement plus shall be valid for the same time period as the underlying concealed carry endorsement. If a concealed carry endorsement plus has not been suspended, revoked, cancelled, denied, or invalidated, it shall entitle the holder to carry concealed firearms into any place where it is otherwise prohibited under subdivisions (2), (5), (6), (7), (10), (11), (12), (13), (14), (16), and (17) of subsection 1 of section 571.107.

[….]

[emphasis in original]

“…a concealed carry endorsement plus….it shall entitle the holder to carry concealed firearms into any place where it is otherwise prohibited under subdivisions (2), (5), (6), (7), (10), (11), (12), (13), (14), (16), and (17) of subsection 1 of section 571.107….”

A concealed carry endorsement plus? Who came up with that marketing angle?

So, the bill would repeal restrictions on conceal carry in the following places:

(2) Within twenty-five feet of any polling place on any election day….

(5) Any meeting of the governing body of a unit of local government; or any meeting of the general assembly or a committee of the general assembly….

(6) The general assembly, supreme court, county or municipality may by rule, administrative regulation, or ordinance prohibit or limit the carrying of concealed firearms by endorsement holders in that portion of a building owned, leased or controlled by that unit of government….

(7) Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose….

(10) Any higher education institution or elementary or secondary school facility….

(11) Any portion of a building used as a child care facility….

(12) Any riverboat gambling operation accessible by the public….

(13) Any gated area of an amusement park….

(14) Any church or other place of religious worship….

(16) Any sports arena or stadium with a seating capacity of five thousand or more….

(17) Any hospital accessible by the public….

The gun fetishists think that repealing restrictions in those places is a really good idea for people who, in addition to a few other requirements, take a class:

….The instructor shall also affirm that the training focused on emergency situations in public places where carrying a concealed firearm is otherwise prohibited, was taught by the instructor, and that the training included:

           (1) Both classroom and range training;

           (2) The firing of at least three hundred rounds of ammunition; and

           (3) Training in firearms proficiency, self-defense tactics….

[emphasis in original]

Oh, that really inspires confidence.

Previously:

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

HB 170: so much for “originalism” (January 16, 2013)

HB 276: Shootout at the K-12 corral? (January 27, 2013)

HB 350: “Nobody move suddenly, he’s got a duck and he knows how to use it.” (January 29, 2013)

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

HB 420: when pie tins are outlawed, only outlaws will have pie tins (February 5, 2013)

Missouri General Assembly: it’s their world, the rest of us only get to live in it (February 18, 2013)

HB 633: we really never do get out of junior high school (February 18, 2013)

HB 640: the devil is always in the details (February 20, 2013)

HB 640: ballots don’t kill people, people do (February 20, 2013)

More tenther twaddle, in a bill introduced today:

FIRST REGULAR SESSION

HOUSE BILL NO. 527

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor), CURTMAN, LICHTENEGGER, KOENIG, BURLISON, FUNDERBURK, KELLEY (127), BERRY, NEELY, LOVE, HICKS, WILSON, HAAHR, FITZPATRICK, PARKINSON, BAHR AND SCHIEBER (Co-sponsors).

1301L.01I        D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to the joint committee on the tenth amendment.

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 21.960, to read as follows:

           21.960. 1. There is hereby established the “Joint Committee on the Tenth Amendment”, which shall:

           (1) Identify proposed federal legislation that infringes on Missouri’s state sovereignty under the Tenth Amendment to the United States Constitution;

           (2) Advise and make recommendations to the general assembly regarding any state legislation necessary to preserve the integrity and principles of the Tenth Amendment to the United States Constitution; and

           (3) Refer cases to the attorney general when the federal government takes steps that require the state or a state officer to enact or enforce a provision of federal law that lies outside Congress’s enumerated powers and intrudes on the sovereignty reserved to the states by the Tenth Amendment to the United States Constitution. The attorney general is authorized to seek appropriate relief to preserve the state’s sovereignty.

           2. The joint committee shall be comprised of six members of the senate and six members of the house of representatives. The senate members shall be appointed by the president pro temore of the senate and the house members shall be appointed by the speaker of the house of representatives. The appointment of members shall continue during their term in office as members of the general assembly or until a successor has been duly appointed to fill their place when their term of office as members of the general assembly has expired.

           3. The joint committee shall hold an annual meeting at which it shall elect from its membership a chairperson and vice chairperson. The joint committee may hold such additional meetings as may be required in the performance of its duties.

           4. The general assembly shall provide administrative support and staff as necessary for the effective operation of the joint committee from existing resources. Any expenditure of the joint committee shall be subject to appropriation.

[emphasis in original]

Jobs bill, anyone?

Previously:

HB 181: even more tenther drivel (January 18, 2013) [introduced by the same Rep. Chrissy Sommer (r)]

From Representative Chrissy Sommer (r), a bill filed on January 16th:

FIRST REGULAR SESSION

HOUSE BILL NO. 181

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor), SPENCER, FITZPATRICK AND FRANKLIN (Co-sponsors).

0820L.01I        D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to states rights to limit the commerce clause from controlling goods produced or manufactured in Missouri.

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 21.950, to read as follows:

           21.950. 1. This section shall be called and may be known as the “Intrastate Commerce 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 codifies in law that the only powers which the federal government may exercise are those that have been delegated to it in the Constitution;

           (2) Amendment IX of the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people those rights;

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

           3. As used in this section, unless the context otherwise requires, the following terms mean:

           (1) “Basic materials or parts”, raw materials physically and directly associated with the finished product in the manufacturing process;

           (2) “Goods”, all real or personal, tangible or intangible property;

           (3) “Produced”, grown, mined, extracted, or created.

           4. All goods produced or manufactured, whether commercially or privately, within the boundaries of this state that are held, maintained, or retained within the boundaries of this state shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce. This section shall apply to goods that are manufactured within this state from basic materials or parts. The authority of the Congress of the United States to regulate interstate commerce in basic materials or parts shall not include the authority to regulate goods manufactured within this state from such materials or parts.

           5. This section shall not apply to the following:

           (1) Goods manufactured within this state unless the words “Made in Missouri” are clearly stamped or marked on an integral part of the good;

           (2) Goods produced within this state unless the words “Product of Missouri” are clearly stamped or marked on the container or packaging;

           (3) Goods ordered, procured, or purchased by the United States government or by any contractor under an agreement with the United States government.

[emphasis in original]

When nullification is outlawed, only outlaws will be able to nullify. Or paranoid people. Or something.

Give it a rest already.

Previously:

HB 162: Tenthers and guns, what could go wrong? (January 15, 2012)

HB 137: symptom of the universe (January 9, 2013)

SB 119: a foolish consistency is the hobgoblin of little minds (January 9, 2013)

Pass the bucks.

Why is it that right wingnut republicans always act like they won in a landslide?

Unofficial Election Returns

State of Missouri Special Election  – Legislative District 15

Tuesday, November 08, 2011

State Representative – District 15   Precincts Reporting 13 of 13

 Paul Woody DEM 1,836 48.3%

 Sommer, Chrissy REP 1,874 49.3%

 Slantz, Bill LIB 94 2.5%

Total Votes   3,804

Not exactly. That’s a margin of thirty-eight votes, not thirty-eight percent.

And so, we get this:

SECOND REGULAR SESSION

HOUSE BILL NO. 2076

96TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor), ZERR, CRAWFORD, RIDDLE, BRANDOM, FRANKLIN, BLACK, KRATKY, McGEOGHEGAN, BROWN (85), LICHTENEGGER, ENTLICHER, PARKINSON, DIEHL, BROWN (116), JONES (89), MEADOWS AND KELLEY (126) (Co-sponsors).

6225L.01I            D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapters 34 and 188, RSMo, by adding thereto two new sections relating to preferences in governmental contracts for persons who contribute to alternatives to abortion services.

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

           Section A. Chapters 34 and 188, RSMo, are amended by adding thereto two new sections, to be known as sections 34.085 and 188.320, to read as follows:

           34.085. 1. In purchasing or contracting for any supplies, equipment, or services, all agencies, departments, institutions, and other entities of this state and each political subdivision of this state, and agents thereof with procurement power, shall give a bidding preference of up to five bonus points or up to five percentage points to any person who or organization which makes a contribution or contributions of a certain level to an alternatives to abortion agency or to the alternatives to abortion support fund established in section 188.320.

[….]

5. The alternatives to abortion support fund shall be subject to appropriation and shall be used to encourage childbirth over abortion and to support alternatives to abortion by funding:

           (1) The alternatives to abortion services program established in section 188.325;

           (2) The alternatives to abortion public awareness program established in section 188.335; or

           (3) Such other programs or services permitted by law or by appropriation consistent with the purposes of this section.

[emphasis in original]

Any bets that contraception isn’t an option?

As our good friends at Fired Up! point out:

….So take those profits you’re going to get from a taxpayer funded state contract and send ’em on over to the anti-choicers at a pregnancy resource center, places notorious for refusing to be forthright about their true agenda of misleading women about their reproductive choices.

[….]

How many more pieces of legislation are there going to be that don’t address the budget crisis our state faces and instead force the ideological preferences of the right-wing fringe on others?

For right wingnuts that’s a feature, not a bug.

From the Missouri Secretary of State:

Unofficial Election Returns

State of Missouri Special Election  – Legislative District 15

Tuesday, November 08, 2011

State Representative – District 15   Precincts Reporting 13 of 13

  Paul Woody DEM 1,836 48.3%

  Sommer, Chrissy REP 1,874 49.3%

  Slantz, Bill LIB 94 2.5%

Total Votes   3,804

Thirty-eight votes. All of the battle is in showing up.

Previously:

Campaign Finance: republicans will always have the money they need (October 25, 2011)

Chrissy Sommer: all talk, no walk (October 26, 2011)

There’s a special election for the vacated 15th Legislative District seat on November 8th. At the Missouri Ethics Commission for the Democratic Party candidate, Paul Woody:

REPORT SUMMARY

CITIZENS FOR PAUL WOODY [pdf] 10/31/2011

1. Total Receipts For This Election Previously Reported $27,423.54

2. All Monetary Contributions Received This Period $4,905.00

10. Expenditures made by cash or check this period $17,118.44

27. Money On Hand at the close of this reporting period $11,485.74

34. Total Indebtedness at the Close of This Reporting Period $2,079.54

[emphasis added]

The republican candidate, Chrissy Sommer:

REPORT SUMMARY

CITIZENS FOR SOMMER [pdf] 10/31/2011

1. Total Receipts For This Election Previously Reported $17,424.14

2. All Monetary Contributions Received This Period $1,745.00

10. Expenditures made by cash or check this period $5,728.10

11. In-Kind Expenditures made this period $19,031.00

27. Money On Hand at the close of this reporting period $7,623.78

34. Total Indebtedness at the Close of This Reporting Period $500.00

[emphasis added]

The Libertarian candidate, Bill Slantz, filed an Exemption Statement of Limited Activity.

Let’s see where some of the money has gone:

EXPENDITURES AND CONTRIBUTIONS MADE

CITIZENS FOR PAUL WOODY [pdf] 10/31/2011

A. Expenditures of $100 or Less by Category

Office Supplies $60.14

Office Utilities $89.79

B. Itemized Expenditures All Over $100

Missouri Democratic Party Jefferson City MO 65102 10/10/2011 Mailers $13,083.00

SEIU Missouri State Council St Louis MO 63112 10/13/2011 Phone Calls $240.00

Minuteman Press St Charles MO 63301 10/14/2011 Print Materials $169.00

Minuteman Press St Charles MO 63301 St Charles MO 63301 10/19/2011 Print Materials. 601.72

AT&T Aurora IL 60572 10/24/2011 Telephone and Internet Service $980.17

[emphasis added]

Uh, that mailer money is an expenditure. mail and phones. Mail and phones. And probably some serious door knocking, too.

EXPENDITURES AND CONTRIBUTIONS MADE

CITIZENS FOR SOMMER [pdf] 10/29/2011

B. Itemized Expenditures All Over $100

SURVEY SAINT LOUIS SAINT CHARLES MO 63302 10/19/2011 PUSHCARDS/MAILERS/DESIGN/PRINT/POSTAGE $5,512.16

18. If Committee Made Any In-Kind Expenditures This Period, List Amount $19,031.00

C. Contributions Made (Regardless of Amount)

BAHR FOR STATE REP OFALLON MO 63368 10/21/2011 $20.00

[emphasis added]

Well, you can certainly spring for those $20 contributions if the HRCC is paying for a big chunk of your campaign.

Where did the money come from?:

CONTRIBUTIONS AND LOANS RECEIVED

CITIZENS FOR PAUL WOODY [pdf] 10/31/2011

12. TOTAL ANONYMOUS CONTRIBUTIONS RECEIVED FROM PERSON GIVING $25 OR LESS $250.00

David Malecki Edwards MO 65326 Retired 10/2/2011 $100.00

Missouri NEA-PAC Jefferson City MO 65101 10/20/2011 $325.00

Beverly Whorton Trenton MO 64683 Retired 10/26/2011 $50.00

The Schlueter Law Firm P.C. St. Louis MO 63119 10/20/2011 $250.00

[emphasis added]

Retired people, Attorneys, and organized labor (working people!).

CONTRIBUTIONS AND LOANS RECEIVED

CITIZENS FOR SOMMER [pdf] 10/29/2011

12. TOTAL ANONYMOUS CONTRIBUTIONS RECEIVED FROM PERSON GIVING $25 OR LESS $20.00

13. TOTAL MONETARY CONTRIBUTIONS RECEIVED FROM PERSONS GIVING $100 OR LESS $225.00

14. TOTAL IN-KIND CONTRIBUTIONS RECEIVED FROM PERSONS (NOT COMMITTEES) GIVING $100 OR LESS $50.00

CITIZENS FOR GARY CROSS LEES SUMMITT MO 64043 10/19/2011 $250.00

FRIENDS OF MICHAEL BERNSKOETTER  JEFFERSON CITY MO 65101 10/19/2011 $300.00

BAHR FOR STATE REP OFALLON MO 63368 10/21/2011 $100.00

CITIZENS FOR McCAHERTY HIGH RIDGE MO 63049 10/26/2011 $250.00

FRIENDS OF ANDREW KOENIG WINCHESTER MO 63021 10/27/2011 $100.00

M&J PROPERTIES, LLC WENTZVILLE MO 63385 10/10/2011 $200.00

FREE GOVERNMENT REQUIRES ACTIVE CITIZENS PAC LAKE SAINT LOUIS MO 63367 10/27/2011 $300.00

HOUSE REPUBLICAN CENTRAL COMMITTEE, INC. JEFFERSON CITY MO 65102 10/24/2011 $18,981.00

[emphasis added]

I dunno, it doesn’t appear to be very grassrootsie…

Republican Chrissy Sommer is running against Democrat Paul Woody in a special election on November 5th for the House seat in St. Charles (HD 15) that Representative Sally Faith vacated earlier this year. Sommer is a classic case of talking the job creation/bipartisanship/boost public education talk, but lurching when it comes to the walk.

For example, Sommer talks job creation: “We need to fight to keep Missouri jobs in Missouri and to bring in new jobs.”  But stumbles. If she’s serious about job creation in her own state, then it’s odd that she bought her campaign signs from a company in Iowa. True, producing her signs wouldn’t keep even one Missouri worker busy for the year, but that doesn’t change the fact that, with hundreds of Missouri companies to choose from, she didn’t spare a thought for “Missouri jobs”.

Sommer broadcasts her love of bipartisanship. Her TV ad running on Fox and MSNBC asserts that she wants to stop the fighting in Jefferson City and provide new leadership. Her walk is wobbly, though. She tries to sound like a grass roots outsider, but her funding indicates that she is status quo from the get go. Almost 90 percent of her money comes from insiders: Republican candidate committees or employees of the House of Representatives.

Sommer talks a good game about public education: “I want to live in a Missouri where our children can receive a world-class education.” But she teeters when she refuses to meet with the National Education Association (NEA) who represent the teachers and educators in St. Charles County.

Sommer says: “I love St. Charles and Missouri, and I want to ensure that we have plenty of jobs and economic opportunity.” Consider this situation, though. (Watch out for the curb, Ms. Sommer!) She has worked for thirty years at her family’s janitorial business. Now, the Francis Howell School Board, which her husband presides over, is considering laying off all the custodial staff in the district and outsourcing the janitorial work. To whom? We’d have to ask the board whether the Sunset Maintenance Company might be in the running. And while we’re asking, let’s inquire of Sommer herself whether she supports laying off the district’s custodial staff in favor of outsourcing the work to a private janitorial business. We might hope that the “economic opportunity” she favors is more than just her own, but it would be inadvisable to lay serious money on it.

Correction: The date of the election is November 8th, not the 5th.