Missouri Senate Bill SCR17

Missouri 2023 Regular Session

• Introduced: 3/1/23
• Refer: 3/2/23

Caption

Strongly urges the U.S Congress to propose the State Powers Amendment to the U.S. Constitution

Impact

If enacted, the State Powers Amendment would significantly alter the relationship between state and federal authorities by enabling states to actively repeal federal laws that they find unconstitutional. This could lead to a substantial shift in the legal landscape, empowering states to challenge federal authority directly through their legislatures. The amendment would also permit states to regulate the appellate jurisdiction of Supreme and federal courts, which could affect how judicial matters are adjudicated and the scope of federal judicial reach over state laws.

Summary

Senate Concurrent Resolution 17 (SCR17) expresses a strong urge for the U.S. Congress to propose the State Powers Amendment to the Constitution. This proposed amendment seeks to restore the balance of power between the federal government and the states by granting states the authority to repeal federal laws and regulations. It also aims to allow states to regulate the appellate jurisdiction of federal courts. The resolution underscores the belief that states should correct violations of their reserved powers, which it argues have been encroached upon by the federal government.

Sentiment

The sentiment surrounding SCR17 is characterized by a strong advocacy for states' rights, reflecting a desire to reaffirm state sovereignty over federal legislative power. Supporters view the proposed amendment as a necessary measure to protect individual liberties and prevent federal overreach, echoing sentiments found in early American political thought. Conversely, critics may see potential dangers in empowering states to overturn federal laws, fearing that this could lead to various inequalities and inconsistencies in legal protections across different states.

Contention

Notable points of contention include concerns regarding judicial independence and the integrity of federal laws. Opponents of SCR17 may argue that allowing states to repeal federal laws could undermine the uniformity of laws across the nation, particularly in areas that require national standards, such as civil rights and environmental protections. Additionally, the amendment raises questions about the appropriate balance of power in a federal system and the implications it may have on ensuring justice and equity within a diverse population.