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Legal Challenge to 2017 SCR 4

The Missouri General Assembly regularly passes bills without regard to the limitations on the legislative power the People placed in their Constitution.

The Anti Commandeering Doctrine

An analogy that explains the Supremacy Clause

 


 

A message from Ron Calzone:

Friday marked the second time in 10 days I sued the Missouri General Assembly.

Calzone v. Richard challenges Senate Concurrent Resolution 4, an application to Congress to call a constitutional convention pursuant to Article V of the U.S. Constitution.

Although I have been a vocal opponent of this process, which opens the door to amending the Constitution at a time when moneyed special interests and unfaithful politicians run the show, my primary motivation for filing this lawsuit is the same as my last two procedural challenges.  We MUST force the people we've entrusted with legislative powers to follow the law, especially the constitutional limits on their own power.

Senate Concurrent Resolution 4, if not stopped by the courts, will be a clear violation of the Missouri Constitution. Ironically, the goal of many supporters of SCR 4 is to force the federal government to respect the constitutional limits on its power -- a goal I share and appreciate.  As worthy as that goal may be, it is just not acceptable to trample on the Missouri Constitution in the process.

THE MAIN CONSTITUTIONAL PROBLEM WITH SCR 4

Article IV, Section 8 of the Missouri Constitution says:

“Every resolution to which the concurrence of the senate and house of representatives may be necessary, except on questions of adjournment, going into joint session, and of amending this constitution, shall be presented to the governor, and before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill; provided, that no resolution shall have the effect to repeal, extend, or amend any law.”  Emphasis Added.

The General Assembly intends to bypass this requirement to present Senate Concurrent Resolution 4 to the Governor, who may or may not veto it.

The same was true of similar legislation in past years, and in 2016 I warned legislators of the need to change the resolution.  I warned the entire House of Representatives again this year, but most chose not to make the necessary changes.

To follow this lawsuit and read briefs and motions (in the green box on the right sidebar).

To see how Missouri office holders voted on SCR 4, see:
Senate Vote on SCR 4
House Vote on SCR 4

For liberty,

- Ron

 

May 19, 2017 - Lawsuit Filed

Case style: CALZONE v. RONALD F RICHARD (See right sidebar for links to court documents.)

  • Plaintiff: Ron Calzone

 

List of defendants:

  1. RONALD F RICHARD, Missouri Senate President pro tem
  2. ROBERT TODD RICHARDSON, Missouri House of Representatives Speaker

 

Nature of Legal Action:

  • This action is for a declaratory judgment by the court that, as a concurrent resolution, SCR 4 must be presented to the Governor pursuant to Article IV, Section 8 of the Missouri Constitution, and an injunction to prevent the enforcement of any of its provisions.

 

What's wrong with SCR 4?

  • It did not include a "presentment clause", directing the Secretary of the Senate to present it to the Governor for his consideration.
  • All concurrent resolutions that have been sent to the Governor have included a presentment clause, so it is clear that the General Assembly doesn't intend to present it to the Governor.
  • Missouri Constitution Article IV Section 8 requires presentment of all concurrent resolutions but a few excepted ones:

    “Every resolution to which the concurrence of the senate and house of representatives may be necessary, except on questions of adjournment, going into joint session, and of amending this constitution, shall be presented to the governor, and before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill; provided, that no resolution shall have the effect to repeal, extend, or amend any law.” Emphasis Added.


Count 1:

  • The Missouri Senate and House of Representatives Are In the Process of Violating Article IV, Section 8 of the Missouri Constitution by Avoiding Presentation of Senate Concurrent Resolution 4 to the Governor Before Its Execution

 

 

What is Mercantilism?

“Mercantilism, which reached its height in the Europe of the seventeenth and eighteenth centuries, was a system of statism which employed economic fallacy to build up a structure of imperial state power, as well as special subsidy and monopolistic privilege to individuals or groups favored by the state.”

From “Conceived In Liberty” -- Murray N. Rothbard

 


Case Timeline and Files:

05/30/2017 - TRO Hearing Scheduled by Judge Beetem

05/19/2017: Case Filed
Petition to the Court, Including Exhibits

Motion for temporary restraining orders, preliminary and permanent injunctions

Suggestion in support of the Motion (Read this if you are going to read only one document.)

 


Article I, Section 1 explains who's in charge:

That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.


Article IV Section 8 requires most concurrent resolutions to be presented to the Governor for his consideration:

“Every resolution to which the concurrence of the senate and house of representatives may be necessary, except on questions of adjournment, going into joint session, and of amending this constitution, shall be presented to the governor, and before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill; provided, that no resolution shall have the effect to repeal, extend, or amend any law.” (emphasis added) (MO Const. Art. IV, Sec. 8)





 


 


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