JEFFERSON CITY, Mo. (Dec. 20, 2015) – A proposed amendment to the Missouri state constitution would create a process for Missouri voters to nullify in effect any federal law or regulation.
Rep. Jeff Pogue (R-143) prefiled House Joint Resolution 62 (HJR62) on Dec. 16. If the resolution passes by a majority in both houses of the Missouri general assembly during the 2016 session, the people will vote on the proposed state constitutional amendment in the following general election.
The proposed amendment creates a process to end state cooperation with federal government actions deemed deemed unconstitutional by Missouri voters, nullifying such actions in effect.
The amendment would allow either the state legislature, or the people via the referendum process, to place any federal act on the ballot for the people to decide “whether or not it is constitutionally proper under the limited and delegated powers of the federal government.”
If the majority of voters find the federal act constitutional, the state will enforce it. But if the majority of voters deem a law unconstitutional, “then it shall not be enforced by any agency, court, or political subdivision of this state and no state moneys shall be expended for the enforcement of the federal law.”
A vote for unconstitutionality would also strip all state courts of jurisdiction to enforce the federal act or “any substantially similar state law.”
The proposed constitutional amendment would not attempt to prohibit federal enforcement of an act declared unconstitutional by Missouri voters. But it would end…