HJR 88 -- STATE SOVEREIGNTY (Nieves)

COMMITTEE OF ORIGIN:  Committee on Real ID and Personal Privacy

Upon voter approval, this proposed constitutional amendment
asserts its constitutional sovereignty and the sovereignly of its
citizens under the Tenth Amendment to the United States
Constitution over all powers not enumerated and delegated to the
federal government.  In its main provisions, the resolution:

(1)  Prohibits the executive, judicial, and legislative branches
of Missouri's government from recognizing, enforcing, or acting
on any federal law, executive order, judicial or administrative
ruling, collection or dispersal of revenue, or other actions by
the three branches of government that exceed the limited powers
enumerated in the United States Constitution and delegated to the
federal government;

(2)  Prohibits the executive, judicial, and legislative branches
of Missouri's government from recognizing, enforcing, or acting
on federal restrictions on the right of private citizens to bear
arms; federal laws legalizing or funding abortions or the
destruction of human embryos; certain specified federal actions
involving health care including a federal public option; federal
actions requiring the sale or trade of carbon credits or the
taxing on the release of carbon emissions; federal actions
mandating the recognition of same sex marriages; federal actions
increasing the penalty for a crime based on a perpetrator's
thoughts or designating hate crimes; federal actions regarding
the Establishment Clause based on a "wall of separation" between
church and state; and federal actions restricting the right of
parents or guardians to home school or enroll their children in a
private or parochial school or placing restrictions on the
school's curriculum;

(3)  Requires Missouri courts to interpret the United States
Constitution based on its language and the intent of the signers
at the time of its passage.  Interpretation of its amendments
must be based on the intent of the congressional sponsors and
co-sponsors.  Non-originalist methods of interpretation that
consider the constitution a "living, breathing document" and any
interpretation that expands federal authority beyond the limited
powers enumerated and delegated to the federal government are to
be deemed to exceed the limited powers of the federal government.
Missouri courts will be required to use this method of
interpretation, and any court ruling inconsistent with this
method will not be recognized or enforced in Missouri; and

(4)  Allows Missouri citizens to have standing to bring suit to
enforce the provisions of the resolution.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of an
income of $0 to a cost of More than $7,000,000 in FY 2011, an
income of $0 or a cost of Less than $100,000 in FY 2012, and an
income of $0 or a cost of Less than $100,000 in FY 2013.  No
impact on Other State Funds in FY 2011, FY 2012, and FY 2013.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm