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Tag Archives: SB 870

SB 870: the only Confederate flag that ever mattered was a white rag on a stick

12 Tuesday Dec 2023

Posted by Michael Bersin in Missouri General Assembly, Missouri Senate

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Tags

General Assembly, Mike Moon, missouri, nullification, right wingnut, SB 870

“….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….” – Article VI, United States Constitution

Mike Moon (r) [2019 file phoro].

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

A bill pre-filed by Mike Moon (r):

SB 870
Creates a process for nullification of federal actions
Sponsor: Moon
LR Number:4465S.01I
Committee:
Last Action:12/1/2023 – Prefiled
[….]
Current Bill Summary

SB 870 – This act creates the “Restoring State Sovereignty Through Nullification Act”. The act declares that any federal action outside the enumerated powers set forth in the United States Constitution are in violation of the peace and safety of the people of Missouri and are void and must be resisted.

According to the act, the proper manner of resistance is a state action of nullification of the federal action and the act creates a process for the General Assembly or a court to nullify the federal action within the state of Missouri.
[….]

The bill text:

[….]
1.045. 1. This section is known and may be cited as the “Restoring State Sovereignty Through Nullification Act”.
2. As used in this section the following terms mean:
(1) “Federal action”, includes federal law; a federal agency rule, policy, or standard; an executive order of the President of the United States; an order or decision of a federal court; and the making or enforcing of a treaty;
(2) “Unconstitutional federal action”, a federal action enacted, adopted, or implemented without authority specifically delegated to the federal government by the people and the states through the United States Constitution.
3. This section contemplates the review of any federal action to determine whether the action is an unconstitutional federal action. When evaluating a federal action, the general assembly shall consider the plain reading and reasoning of the text of the United States Constitution and the understood definitions at the time of the framing and construction of the Constitution by the framers before making a final declaration of constitutionality, as demonstrated by:
(1) The ratifying debates in the several states;
(2) The understanding of the leading participants at the constitutional convention;
(3) The understanding of the doctrine in question by the constitutions of the several states in existence at the time the United States Constitution was adopted;
(4) The understanding of the United States Constitution by the first United States Congress;
(5) The opinions of the first chief justice of the United States Supreme Court;
(6) The background understanding of the doctrine in question under the English Constitution of the time; and
(7) The statements of support for natural law and natural rights by the framers and the philosophers admired by the framers.
4. It is declared that federal laws, federal executive actions, and federal court opinions shall comply with the jurisdictional limitations of the United States Constitution. It is further declared that any federal action outside the enumerated powers set forth in the United States Constitution are in violation of the peace and safety of the people of this state, and therefore, said acts are declared void and must be resisted.
5. The proper manner of resistance is a state action of nullification of the federal action.
6. (1) Nullification is the process whereby this state makes an official declaration that:
(a) A specific federal action has exceeded the prescribed authority under the United States Constitution;
(b) That said action, as being ultra vires, will not be recognized as valid within the bounds of this state;
(c) That said action, as being ultra vires, is null and void in this state;
(d) That an officeholder, agency, or public employee, whether state or a political subdivision serving under the authority of the Constitution of Missouri shall not assist in any attempted enforcement of said federal action; and
(e) That state or local funds shall not be used to assist in any attempted enforcement of said federal action.
(2) The general assembly has sole authority to prescribe the crimes, penalties, fines, or other consequences of the violation of a bill of nullification by any person found within the boundary of this state. Such consequences must be specified in the bill of nullification before a final vote is taken on its passage.
7. State nullification of federal action may be accomplished in any of the following ways:
(1) Any member of the general assembly may introduce a bill of nullification in the general assembly. Such bill shall be acted upon in the same manner as any other legislative bill;
(2) Any court of competent jurisdiction may render a finding or a holding of nullification in any case of which it otherwise has proper venue and jurisdiction, wherein the parties to said case will, upon final judgment, be bound thereby in the same manner as in other cases.
8. Regarding the same federal action, a bill of nullification shall not be considered by the general assembly more than once each year. If said bill fails, then it may be considered again in any succeeding year, but not more than once per year. If said bill passes, then the provisions of subsection 6 of this section shall become effective with regard to such federal action.

[emphasis in original]

Lunatic word salad.

“….said acts are declared void and must be resisted….”

That worked out so well the last time.

Chairs and table – surrender to end the Civil War on April 9, 1865, at Wilmer McLean’s home in Appomattox Court House, Virginia. National Museum of American History.

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