SENATE RESOLUTION NO. 1878
WHEREAS, Amendment I of the United States Constitution, which provides in part that "Congress shall make no law respecting an establishment of religion...", is a specific and unequivocal instruction to only the United States Congress; and
WHEREAS, the United States Constitution makes no further restriction on the ability of states to acknowledge a Supreme Ruler; and
WHEREAS, Amendment X of the United States Consti-tution, which provides that "The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people", reserved the right of the acknowledgment of God by the states and the people; and
WHEREAS, the Preamble to the Missouri Constitution, which provides that "We the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this constitution for the better government of the state", is within the boundaries of rights reserved to the states by the United States Constitution; and
WHEREAS, the Federal Judiciary has overstepped its Constitutional boundaries and ruled against the acknowledgment of God as the sovereign source of law, liberty, or government by local and state officers and other state institutions, including state schools; and
WHEREAS, the Federal Courts have failed to perform its duty to resolve the confusion between Amendment I and Amendment X of the United States Constitution; thus, the United States Congress, as allowed in Article II, Section 2 of the United States Constitution which provides in part that "the .... court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make", must clarify and instruct the Federal Judiciary to refrain from interfering with any expression of religious faith by any elected local, state, or Federal official and thereby limit the jurisdiction of the Federal courts in such matters; and
WHEREAS, there is pending before the 2nd Session of the 108th Congress the following: H.R. 3799 and S. 2082 which will limit the jurisdiction of the Federal courts and return the rights, as claimed by the state of Missouri in its Preamble to the Missouri Constitution, to the states and to the people and resolve the issue of improper judicial activism in matters relating to the acknowledgment of God; and
NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, Second Regular Session, urge the United States Congress to adopt forthwith H.R. 3799 or S. 2082; and
BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Speaker of the United States House of Representatives, the President of the United States Senate, the Chair of the United States Senate Judiciary Committee, the Chair of the United States House of Representatives Judiciary Committee, and each member of the Missouri Congressional delegation.