Missouri 2025 Regular Session

Missouri Senate Bill SB198 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 198
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR MOON.
6	6	1422S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 1, RSMo, by adding thereto one new section relating to nullification of federal
9	9	actions.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Chapter 1, RSMo, is amended by adding thereto 1
13	13	one new section, to be known as section 1.045, to read as 2
14	14	follows:3
15	15	1.045. 1. This section is known and may be cited as 1
16	16	the "Restoring State Sovereignty Through Nullification Act". 2
17	17	2. As used in this section the following terms mean: 3
18	18	(1) "Federal action", includes federal law; a federal 4
19	19	agency rule, policy, or standard; an executive order of the 5
20	20	President of the United States; an order or decision of a 6
21	21	federal court; and the making or enforcing of a treaty; 7
22	22	(2) "Unconstitutional fed eral action", a federal 8
23	23	action enacted, adopted, or implemented without authority 9
24	24	specifically delegated to the federal government by the 10
25	25	people and the states through the United States Constitution. 11
26	26	3. This section contemplates the review of any federal 12
27	27	action to determine whether the action is an 13
28	28	unconstitutional federal action. When evaluating a federal 14
29	29	action, the general assembly shall consider the plain 15
30	30	reading and reasoning of the text of the United States 16
31	31	Constitution and the understo od definitions at the time of 17
32	32	the framing and construction of the Constitution by the 18 SB 198 2
33	33	framers before making a final declaration of 19
34	34	constitutionality, as demonstrated by: 20
35	35	(1) The ratifying debates in the several states; 21
36	36	(2) The understanding of the leading participants at 22
37	37	the constitutional convention; 23
38	38	(3) The understanding of the doctrine in question by 24
39	39	the constitutions of the several states in existence at the 25
40	40	time the United States Constitution was adopted; 26
41	41	(4) The understanding of the United States 27
42	42	Constitution by the first United States Congress; 28
43	43	(5) The opinions of the first chief justice of the 29
44	44	United States Supreme Court; 30
45	45	(6) The background understanding of the doctrine in 31
46	46	question under the English Consti tution of the time; and 32
47	47	(7) The statements of support for natural law and 33
48	48	natural rights by the framers and the philosophers admired 34
49	49	by the framers. 35
50	50	4. It is declared that federal laws, federal executive 36
51	51	actions, and federal court opinions s hall comply with the 37
52	52	jurisdictional limitations of the United States 38
53	53	Constitution. It is further declared that any federal 39
54	54	action outside the enumerated powers set forth in the United 40
55	55	States Constitution are in violation of the peace and safety 41
56	56	of the people of this state, and therefore, said acts are 42
57	57	declared void and must be resisted. 43
58	58	5. The proper manner of resistance is a state action 44
59	59	of nullification of the federal action. 45
60	60	6. (1) Nullification is the process whereby this 46
61	61	state makes an official declaration that: 47
62	62	(a) A specific federal action has exceeded the 48
63	63	prescribed authority under the United States Constitution; 49 SB 198 3
64	64	(b) That said action, as being ultra vires, will not 50
65	65	be recognized as valid within the bounds of this s tate; 51
66	66	(c) That said action, as being ultra vires, is null 52
67	67	and void in this state; 53
68	68	(d) That an officeholder, agency, or public employee, 54
69	69	whether state or a political subdivision serving under the 55
70	70	authority of the Constitution of Missouri shal l not assist 56
71	71	in any attempted enforcement of said federal action; and 57
72	72	(e) That state or local funds shall not be used to 58
73	73	assist in any attempted enforcement of said federal action. 59
74	74	(2) The general assembly has sole authority to 60
75	75	prescribe the crimes, penalties, fines, or other 61
76	76	consequences of the violation of a bill of nullification by 62
77	77	any person found within the boundary of this state. Such 63
78	78	consequences must be specified in the bill of nullification 64
79	79	before a final vote is taken on its pa ssage. 65
80	80	7. State nullification of federal action may be 66
81	81	accomplished in any of the following ways: 67
82	82	(1) Any member of the general assembly may introduce a 68
83	83	bill of nullification in the general assembly. Such bill 69
84	84	shall be acted upon in the sam e manner as any other 70
85	85	legislative bill; 71
86	86	(2) Any court of competent jurisdiction may render a 72
87	87	finding or a holding of nullification in any case of which 73
88	88	it otherwise has proper venue and jurisdiction, wherein the 74
89	89	parties to said case will, upon fi nal judgment, be bound 75
90	90	thereby in the same manner as in other cases. 76
91	91	8. Regarding the same federal action, a bill of 77
92	92	nullification shall not be considered by the general 78
93	93	assembly more than once each year. If said bill fails, then 79
94	94	it may be considered again in any succeeding year, but not 80
95	95	more than once per year. If said bill passes, then the 81 SB 198 4
96	96	provisions of subsection 6 of this section shall become 82
97	97	effective with regard to such federal action. 83
98	98	