Bill Text: MO HCR11 | 2010 | Regular Session | Introduced
Bill Title: Declares Missouri's sole and exclusive right of self-governance as a sovereign and independent state
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-23 - Public Hearing Completed (H) [HCR11 Detail]
Download: Missouri-2010-HCR11-Introduced.html
SECOND REGULAR SESSION
House Concurrent Resolution No. 11
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DAVIS (Sponsor), GUERNSEY, NIEVES, WELLS, STEVENSON, FUNDERBURK AND KRAUS (Co-sponsors).
Be it enacted by the General Assembly of the state of Missouri, as follows:
Whereas, the Declaration of Independence declared these United States bound by the tyranny of a government that was unresponsive to its citizens, as set forth in the following language: “We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness---That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed…”; and
Whereas, some states when ratifying the Constitution of the United States of America recommended as a change, "that it be explicitly declared that all powers not expressly and particularly delegated by the aforesaid are reserved to the several states to be by them exercised"; and
Whereas, these recommended changes were incorporated as the Ninth Amendment, where, "The enumeration of certain rights shall not be construed to deny or disparage others retained by the people"; and
Whereas, the Tenth Amendment sets firm limits on federal power to that which is defined by the states and the citizens when it says, "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 assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp which allow us to craft our own laws specifically tailored to reflect the values, public morals and fiscal benevolence of our own citizens; and
Whereas, the Constitution of Missouri expresses the powers of the people in Article I, Section 3, by declaring, "That the people of this state have the inherent, sole and exclusive right to regulate the internal government and police thereof, and to alter and abolish their constitution and form of government whenever they may deem it necessary to their safety and happiness, provided such change be not repugnant to the Constitution of the United States."; and
Whereas, the Constitution of Missouri expresses the independence of our state in Article I, Section 4, by declaring, "That Missouri is a free and independent state, subject only to the Constitution of the United States; that ll proposed amendments to the Constitution of the United States qualifying or affecting the individual liberties of the people or which in any wise may impair the right of local self-government belonging to the people of this state, should be submitted to conventions of the people."; and
Whereas, the founders of this nation rejected the principles of socialism, communism, and other forms of tyrannical governments that allow for redistribution of the wealth, preferring instead to set up a constitutional republican form of government, based upon Judeo-Christian beliefs that encourage limited government, personal responsibility and respect for human life; and
Whereas, among these rights, the State of Missouri affirms and declares in our state statutes, Section 1.205, RSMo, that:
(1) The life of each human being begins at conception;
(2) Unborn children have protectable interests in life, health, and well-being;
(3) The natural parents of unborn children have protectable interests in the life, health, and well-being of their unborn child; and
Whereas, some policies coming forth from the national government appear to be in conflict of the rights of our citizens, specifically the rights of conscience which are gravely jeopardized by national policies that may compel persons of faith to compromise their deepest convictions; and
Whereas, it is the role of the national government to protect our borders and to secure our liberty, especially safeguarding us against those who adhere to philosophies that conflict with our uniquely American and Missouri values of freedom and equality; and
Whereas, today, in 2010, the states are treated as little more than administrative agents of bailouts, government schools, healthcare, and welfare programs, none of which are constitutionally authorized functions of the federal government; and
Whereas, the national government is diminishing our future prosperity by escalating the national debt at an unprecedented rate by squandering trillions of taxpayer dollars and demonstrating wanton disregard for protecting us and our posterity from insurmountable financial burdens, which in large part originates from spending beyond the legitimate authority derived from the United States Constitution; and
Whereas, the economic principles that allowed our country to flourish and prosper were based upon our trust in God, economic freedom, hard work, high moral standards, and private charity, all of which are suppressed in the socialist model; and
Whereas, federal judges are charged with the duty of adjudicating according to the dictates of the United States Constitution in a fair, just, and impartial manner and are not charged with crafting political preferences or interjecting their personal philosophies through their court decisions; and
Whereas, some of the most egregious usurpations of legislative power have come from appointed federal judges who craft rulings that strip our citizens of their constitutional right to religious speech, such as ruling to remove all references to God Almighty and suppressing our right to display the Ten Commandments in a public arena, declaring prayers in public places illegal, and forcing an atheistic culture upon our citizens:
Now, therefore, be it resolved that we, the members of the Missouri House of Representatives, Ninety-fifth General Assembly, Second Regular Session, the Senate concurring therein, hereby declare that the people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state, and shall exercise and enjoy every power, jurisdiction, and right pertaining thereto, over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and
Be it further resolved that this resolution shall serve as Notice and Demand that federal judicial appointments be based upon the appointee’s ability to uphold a strict interpretation of the language written in the United States Constitution, not personal philosophy, political patronage, or level of ignorance of the jurisdiction between the legislative and judicial branches of our government; and
Be it further resolved that the State of Missouri affirms and declares that it is a natural and fundamental right of parents to direct the care, education, and upbringing of their children of which such right cannot be removed by the federal government, not any international treaty of any sort; and that the State of Missouri will be under no obligation to comply with any international treaties that undermine our inalienable rights to direct our families and our children in a manner consistent with our religious beliefs, dictates of our conscience, and heritage; and
Be it further resolved that this resolution shall serve as Notice and Demand to the federal government that we will not tolerate our tax dollars being spent on abortion, drugs, research, or procedures that destroy unborn human life, nor any policies that disregard the freedom of conscience of any citizen of our country or any other; and
Be it further resolved that this resolution serves as Notice and Decree that the national government has no authority to impose assisted suicide or euthanasia, nor to impose any rules purporting to force our state to acknowledge immoral sexual perversions as a marriage or the equivalent; and
Be it further resolved that this resolution serve as Notice and Decree to the federal government, to cease and desist, effective immediately, mandates that are beyond the scope of its constitutionally delegated powers, especially those based upon unproven science such as a global warming alarmism as well as mandates that show no regard for our state laws as they pertain to agricultural practices, manufacturing practices, motor vehicle operation and energy generation options; and
Be it further resolved that all compulsory federal legislation which directs states to comply under threat of penalties, sanctions, or financial manipulations or which requires states to pass legislation or lose federal funding be prohibited or repealed, especially those which pertain to education, health care, housing, and our highways when such federal funds are collected in any part from the tax-paying citizens or businesses of the sovereign State of Missouri; and
Be it further resolved that based on the above principles and provisions, the Missouri General Assembly hereby declares by this resolution that any act by the Congress of the United States, Executive Order of the President of the United States, or Judicial Order by the federal courts which assumes a power not delegated to the government of the United States by the Constitution and which serves to diminish the liberty of any of the several states or their citizens shall abridge the Constitution. The Missouri General Assembly further declares that any acts which would cause such an abridgment include, but are not limited to:
(1) Establishing martial law or a state of emergency within any state comprising the United States of America without the consent of the legislature of that state;
(2) Requiring involuntary servitude, or governmental service of persons under the age of eighteen other than pursuant to, or as an alternative to, incarceration after due process of law or other than a draft during a declared war;
(3) Surrendering any power delegated or not delegated to any corporation or foreign government;
(4) Any act regarding religion, further limitations on freedom of political speech, or further limitations on freedom of the press;
(5) Further infringements on the right to keep and bear arms, including attempts to put serial numbers in ammunition and acts that prohibit the types or quantities of arms or ammunition; and
Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for Governor Jay Nixon; Barack Obama, 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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