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