Saturday, April 17, 2010

Rep. Casey Guernsey's Capitol Report for April 15th, 2010

Missouri State Sovereignty

America’s founders thoughtfully designed our country with a federal system of government. This system of balance between state and federal government has been the reason our form of government has been so successful. It wasn’t because of Socialism or Communism. The United States Government has grown by enormous leaps and bounds in the last year and a half. This unprecedented growth threatens the relationship the Fed shares with the states. Here’s what the preamble outlines as the role of the Federal Government: establish justice, insure domestic tranquility, provide for common defense, promote general welfare, & secure blessings of liberty. That’s it. The tenth amendment highlights who has responsibility for duties outside of the constitutional role of the federal government. The tenth amendment states, “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.”

As your elected representative, I am committed to protecting your constitutionally guaranteed rights, at any cost. The immense power grab we have seen in the areas of healthcare, commerce, taxes & personal freedoms are unprecedented. I’ve read just this morning where the Justice Department is trying to gain access to our email accounts without a warrant. Personal privacy is at a premium these days it seems. This is why we passed HJR 88, the State Sovereignty Amendment, out of the House. This proposed constitutional amendment, which requires voter approval, reinforces Missouri citizen’s constitutional sovereignty under the Tenth Amendment to the United States Constitution. I firmly believe the federal government should be limited only to powers granted in the Constitution – without exemption. This amendment serves as a warning to the federal government that we do not approve of any unconstitutional mandates and federal laws forced on Missouri such as the disastrous ‘Cap and Trade’ bill or recently passed Healthcare bill.

HJR 88 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 (which is outlined in our Health Care Freedom Act); federal actions requiring the sale or trade of carbon credits or the taxing on the release of carbon emissions (Cap and Trade); 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. The resolution also requires Missouri courts to interpret the United States Constitution based on its language and the intent of its signers at the time of its passage, rather than leaving interpretation up to sponsors and co-sponsors of bills. Finally, HJR 88 allows Missouri solid ground to bring suit to enforce the provisions of the resolution.

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