Missouri, Redux

Missouri passed a bill last year that provided statutes to support the US 2nd Amendment. In that bill, was provisions to criminalize federal enforcement of laws deemed unconstitutional. It passed both Houses of the Legislature. The Governor vetoed the bill and the veto was sustained by one vote.

That vote occurred in September. A new legislative session begins next month and bills are being pre-filled already. One of those bills is a new version of the bill above, hence, the title, Missouri, Redux.

Missouri bill would nullify all federal gun laws, ‘past, present or future’

Tuesday, December 17, 2013 – A View from the Tenth by Michael Boldin

JEFFERSON CITY, Mo., December 17, 2013 —  In Missouri, legislation has been introduced to nullify every federal gun control measure on the books, “whether past, present or future.”

The 2nd Amendment Preservation Act, introduced as Senate Bill 613 (SB613) for the 2014 legislative session by Sen. Brian Nieves, follows on the heels of a failed effort to do the same in 2013.

A similar bill passed both Missouri houses by a large margin earlier this year, but after a veto by Governor Jay Nixon, an override effort failed by one vote.

According to Ron Calzone of Missouri First, Senate President pro tem Tom Dempsey and majority floor leader Ron Richard have both given assurances that the new bill will be fast-tracked in 2014, even though they both sided with Nixon and voted to kill the bill this year. Their greatest concerns have been addressed in the latest version of the bill, according to Calzone.

The bill states, in part:

All federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States I, Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.

The legislation bans all state employees from enforcing any federal acts which run counter to the act. Including this provision “follows the advice of James Madison,” said Mike Maharrey, national communications director for the Tenth Amendment Center.

“By ordering a complete stand-down on all federal gun control measures, all of them, enforcement falls back to the federal government. This is exactly what James Madison advised states to do in Federalist #46. He called it ‘a refusal to cooperate with officers of the Union.’”

Earlier this year on the Fox Business Channel, Judge Napolitano, Fox News senior judicial analyst, suggested that a single state taking such an action would make federal gun laws “nearly impossible to enforce.”

In what many legal experts consider a controversial move, the legislation also includes criminal charges for any federal agent who violates the state law. State and local law enforcement are given “discretionary power” in the bill to determine whether or not such charges will actually be made. Inside sources say that this was done to alleviate concerns from Missouri Law Enforcement organizations who actively lobbied against the effort in 2013, citing a requirement to arrest “federal law enforcement partners in the field” as a primary concern. Maharrey said that while he isn’t counting on the legal community or federal courts to uphold this particular provision, he isn’t concerned about this part of the bill, modeled after the Tenth Amendment Center’s 2nd Amendment Preservation Act.

“First of all, every bill in Missouri is severable. That means if a court finds part of it unconstitutional, the rest remains. And the main provision calling on the entire state to stop enforcing federal gun control measures is on strong legal ground with Court precedent going from 1842 to 2012. States simply are not required to help the feds violate your rights. And the feds don’t have the manpower to do it themselves.”

Rep. Doug Funderburk, R-St. Charles, is expected to file an identical bill in the state house in the coming days.

***

McConnell’s attacks against the Tea Party is growing fruit—for the democrats. McConnell’s favorability numbers in Kentucky match that of Obama’s—“with 31 percent approving of his job performance and 61 percent disapproving of his performance.”

more from Keith BrekhusTuesday, December, 17th, 2013, 3:42 pm,

A Public Policy Polling (PPP) survey conducted from December 12th through December 15th, brings more bad news for the Mitch McConnell camp. The poll finds that Mitch McConnell is despised by Kentucky voters, with 31 percent approving of his job performance and 61 percent disapproving of his performance. The survey found that Mitch McConnell has become almost as unpopular as Barack Obama in the deep red state. Obama sports an identical 31 percent approval rating, while 64 percent of Kentucky voters disapprove of how Obama is handling the presidency. Even Kentucky’s favorable Republican tilt may not be enough to save the Senate Minority Leader come next November. Although Kentucky went handily Republican in 2012, choosing Mitt Romney by a whopping 61-38 percent margin over Barack Obama, Mitch McConnell is unable to shake his Democratic opponent, Alison Lundergan Grimes.

The Senate race is a toss up with McConnell clinging to an uninspiring 43-42 lead over Grimes. Perhaps even more embarrassing for the Senator, he does no better against Grimes than does his Tea Party challenger in the GOP, businessman Matt Bevin. Bevin also leads Grimes by a mere point, 39-38 percent. Mitch McConnell can no longer credibly describe himself as more electable than Bevin. While Bevin’s 13-23 favorability rating is under water, it is not nearly as awful as McConnell’s dreadful 31-61 approval spread. In addition, many voters have no opinion of Bevin yet, so he has more room to grow in popularity. McConnell, on the other hand is well known, and Kentucky voters do not like what they see.

Grimes’ favorability numbers are closer to even, with 31 percent of voters having a favorable opinion of her compared to 37 percent with an unfavorable opinion and another 32 percent unsure. Like Bevin, she has room to grow in popularity. With under a third of the Kentucky electorate approving of Mitch McConnell’s job performance, the Senator’s political future is very cloudy. Over 3/5ths of Kentucky voters are not happy with McConnell and Alison Lundergan Grimes offers them a credible Democratic alternative.

Compounding McConnell’s difficulties, he must also survive a GOP primary versus Matt Bevin, just to have an opportunity to face Grimes in the general election. While McConnell is expected to win the Republican primary, he does enjoy only 47 percent approval within his own party in Kentucky, so he certainly cannot take that primary race for granted. After serving nearly three decades in the US Senate, Mitch McConnell  has given the voters in Kentucky plenty of time to evaluate his performance. The voters have seen enough and in 2014 they may force him out in either the primary or the general election.

The ‘Pubbies assume that the Obamacare debacle will bring ‘Pub victories in 2014. This is reminder that those assumptions aren’t necessarily true.

***

In closing, here’s another video from Celtic Woman.

 

1 thought on “Missouri, Redux

Comments are closed.