SJR 38 Prohibits Missouri state government from recognizing, enforcing, or acting in furtherance of certain actions of the federal government
Sponsor: Nieves
LR Number: 4386S.01I Fiscal Note available
Committee: General Laws
Last Action: 3/25/2014 - Voted Do Pass S General Laws Committee Journal Page:
Title: Calendar Position:
Effective Date: Upon voter approval

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Current Bill Summary


SJR 38 - Upon approval by the voters, this constitutional amendment prohibits the Missouri legislative, executive, and judicial branches of government from recognizing, enforcing, or acting in furtherance of any federal action that exceeds the powers delegated to the federal government.

The state also shall not recognize, enforce, or act in furtherance of any federal actions that: restrict the right to bear arms; legalize or fund abortions, or the destruction of any embryo from the zygote stage; require the sale or trade of carbon credits or impose a tax on the release of carbon emissions; involve certain health care issues; mandate the recognition of same sex marriage or civil unions; increase the punishment for a crime based on a perpetrator's thoughts or designate a crime as a hate crime; interpret the establishment clause as creating a wall of separation between church and state; or restrict the right of parents or guardians to home school or enroll their children in a private or parochial school or restrict school curriculum.

The state is also required to interpret the U.S. Constitution based on its language and the original intent of its signers. Amendments to the U.S. Constitution shall be interpreted based on their language and the intent of the congressional sponsor and co-sponsors of the amendment.

The amendment also declares that Missouri citizens have standing to enforce the provisions of the amendment.

This amendment is similar to SS/SJR 15 (2011), and identical to SJR 45 (2012) and SJR 17 (2013).

JESSICA BAKER