SECOND REGULAR SESSION

House Concurrent Resolution No. 9

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES GATSCHENBERGER (Sponsor), FUNDERBURK, JONES (89), GRISAMORE, KRAUS, BIVINS, EMERY AND NOLTE (Co-sponsors).

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Be it enacted by the General Assembly of the state of Missouri, as follows:

            Whereas, Thomas Jefferson said, "When the people fear their government there is tyranny; when the government fears the people, there is liberty"; and

            Whereas, the Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws"; and

            Whereas, by its terms, the Equal Protection Clause restrains only state governments. However, the Fifth Amendment's due process guarantee has been interpreted as imposing the same restrictions on the federal government; and

            Whereas, to date, the Supreme Court of the United States has not extended full "suspect class" status, status that makes a law that categorizes on the basis of suspect class and therefore deserving of greater judicial scrutiny, to groups other than racial minorities and religious groups; and

            Whereas, the Supreme Court of the United States has also refused to view government discrimination based on a citizen's political belief or affiliation to be a suspect class; and

            Whereas, as a result, there is currently no requirement that the members of Congress must be subject equally to the laws applicable to the other citizens of the United States; and

            Whereas, members of Congress should not be permitted to enact laws that do not apply equally to all citizens of the United States, including themselves; and

            Whereas, a proposed 28th Amendment to the United States Constitution is currently being circulated which states:

"Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators or Representatives, and Congress shall make no law that applies to the Senators or Representatives that does not apply equally to the citizens of the United States.":

             Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-fifth General Assembly, Second Regular Session, the Senate concurring therein, hereby urge the United States Congress to submit the proposed 28th Amendment to the United States Constitution to the States for ratification and inclusion in the United States Constitution; and

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Majority and Minority Leaders of the United States Senate and House of Representatives, and each member of the Missouri Congressional delegation.

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