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Missouri 2nd Amendment Preservation Act One Step Away from the Governor’s Desk

By on April 25, 2013 in Constitution, Liberty, Nullification, State Sovereignty, Tenthers 39

“The Second Amendment Preservation Act” successfully made its way through a Missouri State Senate Committee on Wednesday, bringing the state ever closer to protecting the natural rights of their citizens.

HB 436 was passed by a Senate Committee on a 4-1 vote. The bill was already passed by a strong veto-proof majority in the State House. It now awaits a full vote in the State Senate before it is fully passed and sent to the governor.

UPDATED 04-26 We’ve been informed that the Senate committee removed an unrelated amendment that the house inserted, so after passing the full senate it will first go back to the House for concurrence, then to the governor’s desk.

If passed into law, HB436 would nullify virtually every federal gun control measure on the books – or planned for the future.   It reads, in part:

All federal acts, laws, orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.

(2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:
(a) The provisions of the federal Gun Control Act of 1934;
(b) The provisions of the federal Gun Control Act of 1968;
(c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and
(g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

The bill also does a service of providing the State Legislature and the public-at-large with a history lesson that is particularly appreciated by Tenthers, saying, “The limitation of the federal government’s power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.” Continue Reading →

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Missouri Looking To Amend State Constitution To Bolster the Right to Keep and Bear Arms

By on April 11, 2013 in Announcements, Nullification, Sovereignty Movement, State Sovereignty 8

The State of Missouri is getting serious when it comes to protecting the gun rights of its citizens, and the legislature has proposed amending their State Constitution to show they that mean business.

Senate Joint Resolution 14 was passed by a landslide 29 to 2 vote on Apr. 4, and this proposed State Constitutional Amendment would provide ‘that a citizen has the right to keep and bear arms in defense of their family, in addition to the current rights in defense of home, person and property.’

The bill gets even better from there as it would not just re-affirm gun ownership rights for individuals but it would also remove ‘language stating that the right to keep and bear arms did not justify the wearing of concealed weapons’ and provide ‘that the rights guaranteed under this provision of the Constitution are unalienable. The State of Missouri is obligated to uphold these rights and shall under no circumstances decline to protect against their infringement.’

The language in this proposed amendment is clear that the State of Missouri must act decisively in protecting the God-given right to bear arms. It is unclear how this would exactly take shape during a full-scale federal ban and seizure of firearms, but this type of action is a decisive rebuke of the would-be gun grabbers and creates the legal requirement that the State defend against such acts. The message is being sent loud and clear to the federal usurpers that at least one state will be firmly on the side of the people should they overstep their bounds on this important issue. Continue Reading →

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The Case for Health Care Freedom

By on July 13, 2010 in Health Care, Sovereignty Movement, State Sovereignty 4

by State Rep Tim Jones, via mohealthfreedom.org

It is clear that Missourians not only oppose the new federal health care law, but also the individual insurance mandate in the new law that would force individuals to purchase health insurance, or face fines and penalties.  Equally troubling for Missourians are the nearly weekly updates from the Congressional Budget Office that show that, instead of reducing the federal deficits, ObamaCare will cost an additional 800 billion dollars over the next ten years.  Because of these concerns, a Rasmussen poll released this week showed that a clear majority of Missourians still want the new federal bill repealed.  Even though this opposition was made clear in town halls and tea parties, Congress passed the bill against the objections of Americans.

In an effort to protect Missourians from this dangerous encroachment on our freedoms, a bipartisan super majority of state legislators supported the Health Care Freedom Act during the 2010 legislative session.  Continue Reading →

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Notice and Demand to the Federal Government

By on May 20, 2010 in Sovereignty Movement, State Sovereignty 1

Senator Jim Lembke presented Senate Concurrent Resolution 34, the Tenth Amendment Resolution, on the Missouri Senate Floor, and passed 26-6. It currently waits in the Missouri House rules committee.

SENATE CONCURRENT RESOLUTION NO. 34

WHEREAS, in the American system, sovereignty is defined as final authority, and the people, not government, are sovereign; and

WHEREAS, the people of the state of Missouri are not united with the people of the other forty-nine states that comprise the United States of America on a principle of unlimited submission to their federal government; and

WHEREAS, all power not delegated by the people to government is retained; and

WHEREAS, the people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes only; and

WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: 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; and

WHEREAS, the Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government in the Constitution of the United States, and also that which is necessary and proper to advancing those enumerated powers; with the rest being left to state governments or the people themselves; and

WHEREAS, powers, too numerous to list for the purposes of this resolution, have been exercised, past and present, by federal administrations, under the leadership of both Democrats and Republicans, which infringe on the sovereignty of the people of this state, and may further violate the Constitution of the United States; and

WHEREAS, when powers are assumed by the federal government which have not been delegated to it by the people, a nullification of the act is the rightful remedy; that without this remedy, the people of Missouri would be under the dominion, absolute and unlimited, of whoever might exercise this right of judgment for them:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-fifth General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby affirm the sovereignty of the people of Missouri under the Tenth Amendment to the Constitution of the United States over all powers not otherwise delegated to the federal government by the Constitution of the United States; and

BE IT FURTHER RESOLVED that this resolution shall serve as a notice and demand to the federal government to cease and desist any and all activities outside the scope of their constitutionally-delegated powers; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare a properly inscribed copy of this resolution for the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the Missouri congressional delegation.

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Health Care Freedom Act Goes To Voters in Missouri

By on May 12, 2010 in Health Care, Sovereignty Movement, State Sovereignty 4

JEFFERSON CITY—Missouri voters will decide if they want federal law to force them to buy health insurance, as Sen. Jane Cunningham’s (R-Chesterfield) “Health Care Freedom Act” has now passed the House and goes to the Secretary of State to be placed on the August ballot.

The act was attached to a comprehensive insurance bill, House Bill 1764. The Health Care Freedom Act will appear before voters on the August 2010 ballot, and if approved, no federal law could force a patient, employer, or health care provider to participate in any government or privately run health care system designed by the state or federal government.

“This is a great day for democracy because this issue will now be put before the voters. This legislation simply protects the rights of Missourians to choose their own health care products and services without fear of facing fines or imprisonment,” Sen. Cunningham said. “It doesn’t reject any federal health care option, nor take away an individual’s choice to participate in the federal health care plan. The measure expands options, not limits them. I’m proud to lead Missouri’s push-back on this intrusive, costly mandate from Washington, D.C. A democracy is founded upon the will of the people, so unlike what occurred in DC we’re going to let the people decide this issue.”

Senator Cunningham also says that the bill will protect small businesses from job killing taxes at a time when they need help the most.

“In this economy, we cannot push ineffective, wildly exorbitantly mandates on our businesses and then expect economic growth,” Sen. Cunningham said. “This unprecedented order from the government placed upon individuals and businesses to buy certain products and services must be stopped.”

The Health Care Freedom Act had 20 Senate co-sponsors.

CLICK HERE to view the Tenth Amendment Center’s Health Care Freedom Act legislative tracking page

The Tenth Amendment Center has released the Federal Health Care Nullification Act, which directly nullifies the “Patient Protection and Affordable Care Act” on a state level. Click here to learn more.

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Missouri Joins Health Care Battle

By on May 7, 2010 in Health Care, Sovereignty Movement 1

Senator Jane Cunningham’s Health Care Freedom Act (SJR25), nearly identical to Virginia’s, passed the Missouri Senate as a ballot referendum Tues. by a 26-8 vote. Three Dems., two up for reelection in conservative districts, crossed over to vote in favor.

The legislation provides:

“that no federal law shall compel a patient, employer, or health care provider to participate in any government or privately run health care system, nor prohibit a patient or employer from paying directly for legal health care services.”

Cunningham’s bill started out as a Constitutional Amendment but hit hard resistance from not only Democrats, who threatened a filibuster, but a number of Republicans as well. What the conservatives did not want is to have any measure pass across Governor Nixon’s desk; he’s a Democrat and had already indicated he’d snap a veto on it post haste. So it had to be a referendum or an amendment.

The House passed their version of the bill in early March by a wide margin, so the referendum is set to appear before the voters in the August primary. Better then than in the November general according to many conservatives, including Jaci Winship, Faith and Freedom Coalition’s Missouri Director. “There are many many contentious conservative races throughout the state,” she indicated. “And conservatives will be out in droves to vote.”

The Missouri Sovereignty Project and numerous Tea Party groups, including I Heard the People Say, Franklin County Patriots, K&N Patriots, and Show Me Patriots, were instrumental in keeping pressure on Jefferson City legislators to bring Cunningham’s bill to the voters.

Aside from numerous 400/500-people rallies in the rotunda of JC on three different occasions since early February, on the day of the Senate vote on Tues. over 400 Tea Partiers from around the state circled the capital building in a rolling tea party. For 20 minutes they circled and honked, circled and honked, circled and…well you get the picture.

It was a stunning (and LOUD) demonstration, with many legislators watching from their windows. Four hours later, and after an hour of debate where conservatives made a collective eloquent case for the bill, Cunningham got her wish.

Missourians will now have their say. We have joined the battle.

EDITOR’S NOTE:
CLICK HERE to view the Tenth Amendment Center’s Health Care Freedom Act legislative tracking page

The Tenth Amendment Center has released the Federal Health Care Nullification Act, which directly nullifies the “Patient Protection and Affordable Care Act” on a state level. Click here to learn more.

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Missouri House Passes Health Care Freedom Act

By on March 5, 2010 in Health Care, Sovereignty Movement 20

missouri-state-flagThe Missouri State House has passed House Joint Resolution 48 (HJR48). The legislation, known as the “Missouri Health Care Freedom Act” seeks to make public policy for the state that every person within the state of Missouri is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty by the federal government of the United States of America.

Here’s the official summary of the bill:

Upon voter approval, this proposed constitutional amendment prohibits any person, employer, or health care provider from being compelled to participate in any health care system. Individuals and employers may pay directly for lawful health care services without being subject to fines or penalties, and health care providers can accept payment for health care services from individuals or employers without being subject to fines or penalties. The purchase or sale of health care insurance in private health care systems cannot be prohibited by law or rule.

The Tenth Amendment to the Constitution codifies in law that the federal government is one of limited, delegated powers – and that all powers not enumerated in the Constitution are reserve “to the States, respectively, or to the People.”

The founders, during the time of the Constitution’s ratification, made clear that a vast majority of regulatory powers would be left in the states – including social services, agriculture, mining, and more. Click here to read more.

The resolution passed by a vote of 113-40, and is awaiting transmittal to the State Senate.

In an update to supporters, the resolution’s primary sponsor, State Rep. Jane Cunningham, pledged to see the effort through:

“I sincerely appreciate all those who have come out and shown their support, and all those who have shown an interest in the issue. Each of you has my word that I will fight tirelessly until our constitutional rights in Missouri are fully protected from federal encroachment.”

CLICK HERE to view the Tenth Amendment Center’s health care nullification legislative tracking page

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Claiming Sovereignty in Missouri

By on January 14, 2010 in Sovereignty Movement, State Sovereignty 9

missouri-state-flagIntroduced in the Missouri Legislature this week are House Concurrent Resolution 25 (HCR25) and Senate Concurrent Resolution 34 (SCR34), both of which claim “sovereignty for the state under the Tenth Amendment of the United States Constitution for all powers not otherwise enumerated and granted to the federal government under the Constitution.”

HCR25 was introduced by Rep. Jim Guest and has 24 co-sponsors. SCR34 was introduced by Senator Jim Lembke.

These non-binding resolutions, often called “state sovereignty resolutions” do not carry the force of law. Instead, they are intended to be a statement of the legislature of the state. They play an important role, however.

For example, if you owned an apartment building and had a tenant not paying rent, you wouldn’t show up with an empty truck to kick them out without first serving notice. That’s how we view these Resolutions – as serving “notice and demand” to the Federal Government to “cease and desist any and all activities outside the scope of their constitutionally-delegated powers.” Follow-up, of course, is a must.

Both resolutions include this “notice and demand” language. From SCR34:

BE IT FURTHER RESOLVED that this resolution shall serve as a notice and demand to the federal government to cease and desist any and all activities outside the scope of their constitutionally-delegated powers

SCR34 also makes note of the fact that Constitutional violations from DC didn’t start in January of 2009:

WHEREAS, powers, too numerous to list for the purposes of this resolution, have been exercised, past and present, by federal administrations, under the leadership of both Democrats and Republicans, which infringe on the sovereignty of the people of this state, and may further violate the Constitution of the United States

These resolutions are part of a growing grassroots movement in state legislatures across the country as a protest to the intrusion of the federal government into state government affairs, and is an essential first step towards efforts to push back, or nullify, unconstitutional federal laws and regulations.

In 2009, 38 states introduced similar resolutions, and 7 states passed them, garnering some significant national media attention for these efforts.

Already in 2010, at least ten states, most recently Wyoming and Rhode Island, have introduced similar 10th Amendment resolutions. The “next step” – proposals to nullify various federal laws – has been gaining traction in states around the country, too.

CLICK HERE to view the Tenth Amendment Center’s 10th amendment resolution tracking page

CLICK HERE to view the Tenth Amendment Center’s model 10th Amendment Resolution, which you can send to your representatives when urging them to introduce one in your state.

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More than 500 attend 10th Amendment Rally in Missouri

By on January 14, 2010 in Activism, Sovereignty Movement 1

From the St. Louis Post-Dispatch:

More than 500 people flooded the Capitol rotunda Wednesday calling for more states’ rights and less government.

State legislators touted their beliefs on states’ rights to those gathered from across the state, the majority from the St. Louis area.

Many of the attendees said they were disheartened by the direction of the federal government and chose to become politically active at the grassroots level. They say they hope their action in local communities will encourage state and federal lawmakers to respect states’ rights.

Of most importance to the rally’s organizers was the issue of health care reform, which has stalled in the federal government and has caused concern for some Tenth Amendment advocates.

The rally came after lawmakers proposed two resolutions aimed at protecting states’ rights and preserving health care choice, advocates said. The rally was organized by conservative groups including I Heard the People Say, Missouri Eagle Forum and the Missouri Sovereignty Project.

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