Missouri: bill to compel state judges use original intent interpretation of federal constitution, retroactively nullify federal laws & court decisions out of Senate committee

A state constitutional amendment to compel Missouri state judges use only the “original intent” of the U.S. Constitution and ignore federal laws/cases that do not made it out of the Senate Missouri General Laws committee yesterday. Under SJR 38 previously discussed here

Any interpretation of the [U.S.] Constitution based on an emerging awareness, penumbras or shadows of the Constitution, a theory of the Constitution being a “living, breathing document”, or any interpretation that expands federal authority beyond the limited powers enumerated and delegated to the federal government, without an amendment to the Constitution, shall be deemed to exceed the limited powers enumerated and delegated to the federal government.

Moreover, the Missouri courts in general, and the Missouri Supreme Court in particular, along with the legislature would be authorized to retroactively negate any federal law or court decision they wished.

Missouri citizens shall have standing to bring a cause of action to enforce the provisions of this section. Enforcement of this section shall apply to federal actions taking effect after approval of this section by Missouri voters, federal actions enumerated herein, and any federal action, regardless of its effective date, the general assembly or Missouri supreme court shall hereafter determine, in accordance with [the original intent language section replicated above], to exceed the powers enumerated and delegated to the federal government by the constitution of the United States of America.

Video from the hearing March 4 hearing from Progress Missouri’s YouTube Channel here and here.

Video from the March 25 voteĀ from Progress Missouri’s YouTube Channel here.

Update 3/27/14: Local news coverage here. (h/t Gavel Grab)