Dedicated to the
Sovereignty of
Missourians

Revised 02/28/2008

                           



When the MO Legislature is in Session, Hold on to Your Rights!

Missouri House of Representatives Votes to Restrict the People's Right to Petition

Missouri, February 28, 2008:
he Missouri Constitution is the document that defines the relationship between the people of the state and the government they set up. 

It begins with a declaration "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."  (Art. 1, Sec. 1)  It goes on to explain which powers the people delegate to the government and which powers the people reserved for themselves.

The rights to the initiative petition and referendum are among the reserved powers:  "The people reserve power to propose and enact or reject laws and amendments to the constitution by the initiative, independent of the general assembly, and also reserve power to approve or reject by referendum any act of the general assembly, except as hereinafter provided."  (Art. III, Section 49)

The initiative is the people's "check" against a government that is unresponsive or oppressive.  It is also a check or balance to the swarms of professional lobbyists who too often are striving to influence public policy for the sake of special interests -- at the expense of the people.

In an unprecedented power grab, Thursday the Missouri House of Representatives passed a bill that severely restricts the use of the ballot initiative.  The bill places burdens on the process that will not hinder the super wealthy interests, but will all but eliminate the use of petitions by grassroots efforts.  House Bill 1763 was sponsored by Rep. Mike Parson.  A companion bill (SB 909 ), sponsored by Senator Kevin Engler, will soon be voted on by the senate.

Three provisions are particularly troublesome:

  1. A prohibition of paying petition circulators on a per signature basis.
    This hinders grassroots efforts because it hinders the proponent's ability to establish a budget for the project.  It also removes the best tool to encourage good productivity and efficiency.   The higher cost and uncertainty matters most to the smaller proponents.
  2. A prohibition of hiring out of state circulators.
    Not many initiative petitions can be successful without including professional petition circulators.  The bill hinders grassroots efforts because the majority of the best professional circulators travel from state to state.  They know the requirements, and the techinques and tend to have the highest accuracy and validity rates.  They can be the backbone of the entire project.
  3. A prohibition of circulating more than one petition at a time.
    This hinders the grassroots efforts because multiple petitions make it more profitable for the circulators and attracts more to the job.  Many fixed costs can be shared by more than one proponent, make the project more affordable.

The constitutionality of this bill is highly questionable, and there is a good chance the courts will reject it.  It would much easier, though, if the bill just failed to pass the senate.

Download a PDF analysis of HB1763 and SB909 here.

 

Property Rights Movement Making Great Strides in Missouri

Missouri Citizens for Property Rights Initiative Petition

Missouri, July 2007:
After many months of preparation the campaign committee, Missouri Citizens for Property Rights (MO-CPR), has launched its effort to gather the signatures needed to gain ballot access for a proposed constitutional amendment. Ballot access will give those voting in the November 2008 election the opportunity to end the use of eminent domain for private use.

Missouri has been tagged as one of the two worse states for eminent domain abuse (along with New York). Attempts at reform during the 2006 Missouri legislative session fell far short of the people's expectations. Polls indicate that 90% or more of Missourians want to end the private use of what has been called "the despotic power", but the legislation passed in 2006 only addressed procedural and compensation issues.

A 1945 change to the Missouri constitution, along with an "evolving" definition of "public use" necessitates a constitutional amendment if property rights are to truly be protected. . See www.mo-cpr.org to learn how you can help.

Missouri Supreme Court Case May Stop Much of The Abuse

For the first time since at least 1945, a Missouri Court has ruled the private use of eminent domain to be unconstitutional. The ruling only applies to non-chartered cities, but there are 1200 of them in the state.

The same group responsible for an initiative petition to amend the state constitution formulated the constitutional defense for Arnold, Mo. Dentist, Homer Tourkaksis. The city has appealed, so the case is advancing to the Missouri Supreme Court.

Although a victory there will eliminate "eminent domain for private gain" in 1200 of the state's 1236 cities, over half of the state's population reside in the remaining 36 cities, which are chartered, or "home rule" cities. Only a constitutional amendment will stop the abuses in those places.

 


Property Rights – Powers of the State
(What's wrong with using eminent domain to clear blight.)

Missouri, 01/16/2006:

One of the most distinctive features of the American system of governance is our commitment to two basic concepts: First, as the Declaration of Independence says, man's rights are “endowed by their Creator”, not the state, and second, that all governmental power is derived from the people themselves.

More than just feel-good sayings, these principles are codified in state constitutions, like Missouri's own. As a matter of fact, in the very first section after the Preamble's statement of “profound reverence for the Supreme Ruler of the Universe”, the Bill of Rights lays the foundation for the rest of the document:

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. (Art. I § 1)

The very next section of the Missouri Bill of Rights makes it clear that the “principle purpose” of government is to make sure these seminal principles are always honored.

The Evil of Concentrated Power
When Missouri drafted its constitution, it was just following the example of the original 13 states. As each of them formed their government, and as they established a federal union, they built hedges around these principles through the very structure of their governments. They recognized that the greatest threat to freedom was the concentration of power in too few hands; they spent countless hours researching and debating and the result was a social compact, or system of governance, which resulted in the greatest country the world has ever known. (more)

Current eminent domain policy violates the basic concepts of the separation of powers.

Unfortunately, most of the proposed solutions continue to violate those same principles.


The four civil powers are,
1) Taxation
2) Police Powers
3) Eminent Domain
4) Escheat

Mixing them up results in all sorts of problems!


Property Rights – The Core Issue

Missouri, 12/09/2005:

An understanding of the heritage of the American concept of property rights is necessary before we can properly deal with that issue. Equipped with that understanding, our concerns will go far beyond any individual neighborhood or development – we will be concerned about the very integrity of our system of constitutional governance. Any social compact that permits the stronger, more powerful to forcefully take the property of the weaker members of society will eventually allow similar takings of “property” of a more personal nature, like life and liberty.

MERCANTILISM vs CAPITALISM
History bears out time and time again the fact that economic freedom marches at the head of our other liberties. Suppression of economic freedom is as pervasive as an occupying army – that's the way the founding fathers looked at it in the 1700's. (more)



Will the General Assembly uphold their oath to support and defend the constitution, or will the people need to fix this problem themselves?

Update:  No, they didn't!!


Missouri Resolution to put Constitution Change on November Ballot
Let The Senate Try Impeachment Cases – Like it Used To!

Can you believe it? Our state is the only one with a bicameral legislature that allows the Supreme Court to hold impeachment trials! All other states, but Nebraska, which is unicameral, and Oregon, which has recalls rather than impeachment, allow one legislative branch to impeach and the other, usually the senate, to hold impeachment trials. Of course, the U.S. Constitution also provides for senate impeachment trials.

All of these other states recognize the wisdom of the founding fathers and the need to employ “checks and balances” into our system of government. As it is now, our state constitution allows the judicial branch to police itself! If that sounds like the fox guarding the chicken coop, that's because it IS!

Missouri has not always been this out of touch with reality – until the changes in our state constitution in 1945, our house was also responsible for impeachment and our senate held the trials. (Note: Impeachment is only an accusation, similar to a grand jury indictment. The trial determines guilt or lack thereof.)

Now Rep. Ed Emery has sponsored a resolution to put a constitutional change before the voters on the November ballot. The change will simply roll back our constitution to it's pre-1945 condition with respect to impeachment trials and put us into conformity with the rest of the country.


See Rep. Emery's resolution
HJR 47

On this page:

U.S. Constitution Acknowledges Jesus!
Impeachment Facts
Missouri Laws and Constitution on Impeachment
Missouri Impeachment History

State university flies the United Nations flag!
Join Missouri First - help us in our fight for constitutional government!

News
Feb 28, 2005 Jeff City, MO: God Acknowledged By Plaque Dedication in Missouri House Chamber
Jan. 25, 2005 Jeff City, MO: Missouri First gets Judge Roy Moore and state legislators together
Nov. 22, 2003 Jeff City, MO: Hundreds speak out against judicial activism

U.S. Constitution Acknowledges God!

We live in a time when a government agency or public school is very likely to face a constitutional challenge if it acknowledges God, so you might be surprised to find out that the United States Constitution itself acknowledges God.

In fact, the constitution doesn't simply make an ambiguous reference to a generic “supreme being” – it honors Jesus Christ Himself, and submits the nation it defined to Him!

“Where?”, you ask, “I've read the entire constitution and never noticed it.” It's there in unabridged copies and we'll take a look at it, but first a quick lesson in reckoning time.

Practically every civilization has reckoned time relative to the the king in power during the referenced period. The Bible is replete with examples:

“...in the fourth year of Solomon's reign over Israel, in the month of Ziv which is the second month, that he began to build the house of the Lord.” (1Kings 6:1)

“Then work on the house of God in Jerusalem ceased, and it was stopped until the second year of the reign of Darius king of Persia.” (Ezra 4:24)

This practice continues even today in many parts of the world. Until the post WWII Japanese constitution, the emperor was considered a sovereign, divine ruler. Although Emperor Hirohito was prompted by MacArthor to renounce that status, the practice of reckoning time by the current monarch continues. For instance, the year 2005 is officially year 17 of the Heisei Era of the Emperor Akihito. Until 2002, the Japanese Patent Office still used this system.

It was no different right before the founding of the United States. The 1774 “Declarations and Resolves” by the Continental Congress complained of long running injustices from the mother country since “thirty-fifth year of the reign of King Henry the Eighth”.

By April 19, 1775, however, the jaded colonists were distancing themselves from the current monarch, King George - that was the day of the “shot heard 'round the world” in Lexington, Massachusetts. In the town square that morning the King's Major Pitcairn was being faced down by about 70 colonists. He shouted, "Disperse, ye villains Lay down your arms in the name of George the Sovereign King of England". He was met with the response "We recognize no Sovereign but God and no King but Jesus!".

The clarion call of the Revolution became “No King but Jesus!”

The forthcoming Declaration of Independence hammered this point home by making it clear that man's rights did not come from an earthly king, but that they were “endowed by their Creator with certain unalienable Rights” and that “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed”.

The Founders did not claim to be totally free from a king – just free from an earthly king!

It was no coincidence that twelve years later the document that defined the new relationship between the states and defined the role of their general government would culminate with an acknowledgment that Jesus was their King!

Article VII, known as the “subscription clause”, says the drafting of the Constitution was “done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven”.

In other words, 1787 years into Christ's reign (since His birth) the Constitution was drafted. (Note: The Articles of Confederation, which preceded the Constitution, used the same terms.)

Some will claim that “that's just the way people talked in those days”. They are right, in part, because it was more socially acceptable to honor God back then, but a look at other documents from that era proves that spelling out “the year of our Lord” was not routine. Virginia's constitution, for instance, fixed it's inception “on Monday the sixth day of May, one thousand seven hundred and seventy six”.

How can anyone who understands American history claim that it is unconstitutional for the state to acknowledge God when that same Constitution declares His Son King of the Land!

By: Ron Calzone ron@mofirst.org

Resources For Missouri Impeachment

Learn About Impeachment Here

What is impeachment?
Why is it important?
Who can impeach a judge in Missouri?
Why does the power to impeach rest with the house of representatives alone?
What happens once articles of impeachment have been approved by the house?
What are the possible penalties if found guilty?
For what reasons can a judge be impeached?
Has Judge Ohmer committed an impeachable offense?

What is impeachment?

Impeachment is the constitutional process used by the legislature to ensure that the other two branches of government do not overstep their authority.

Impeachment is the first of two steps used to remove an official who has subverted his office in some way. Being impeached is not being found guilty; it is not really even a trial, but only an effort to determine if a trial is called for, similar to a grand jury indictment. (More on the trial later.)

Why is it important?

First, understand that government derives it's power from the governed. The structure of American government is designed to make sure the people maintain ultimate control. Missouri government, like the federal government, is divided into three branches – the administrative, legislative, and judicial. Each branch is limited by the constitution to specific tasks, and each branch serves as a “check and balance” to the other two branches in order to ensure that no branch usurps the liberty of the citizens.

Simply put, impeachment is the constitutional “weapon” the legislature uses to protect the liberty of the citizens and maintain it's own share of power among the three branches.

Who can impeach a judge in Missouri?

Missouri Constitution Article VII Section 2. “The house of representatives shall have the sole power of impeachment.”

In addition to impeachment, the Missouri constitution provides for disciplining judges by the Commission on Retirement, Removal and Discipline of Judges (Article V, Section 24). The commission's purpose is to maintain the integrity of the courts, but not to maintain the balance of power among the three branches of government, so it is not the proper venue to deal with a judge who usurps the power of the legislature.

Why does the power to impeach rest with the house of representatives alone?

The legislature's power is divided among a much larger number of individuals, so the likelihood of despotic rule from that branch is relatively small – it is the body that is closest to the people. On the other hand, the power of the administrative and judicial branches resides with but a few men who are less accessible to the common man.

Our representatives, like judges, have sworn to defend and uphold the constitution. Impeachment is a solemn responsibility neither to be shirked nor abused.

What happens once articles of impeachment have been approved by the house?

In Missouri, after the resolution passes the house, a trial ensues in one of two venues: 1) If a lower court judge is impeached, his trial is held before the state Supreme Court; 2) When the governor or a Supreme Court justice is impeached, the state senate selects a commission of seven jurists to hear the trial. The defendant can only be found guilty upon the concurrence of five sevenths of ether the court or commission. (MO Constitution, Article VII, Section 2)

A judge is disqualified from acting as a judicial officer while articles of impeachment are being considered, but still receives his salary. (MO Constitution, Article V, Section 24.4)

What are the possible penalties if found guilty?

Missouri Constitution, Article VII, Section 3: “Judgment of impeachment shall not extend beyond removal from office, but shall not prevent punishment of such officer by the courts on charges growing out of the same matter.”

James Wilson, an original justice of the U.S. Supreme court and signer of both the Declaration of independence and the U.S. Constitution said, “impeachments are confined to political characters, to political crimes and misdemeanors, and to political punishments.”

Impeachment is neither a criminal procedure nor intended primarily for criminal offenses, so penalties are limited to removal from office.

Judges removed from office also lose certain retirement benefits. (RSMo 476.480) (RSMo 476.560) (Entire Chapter 476)

For what reasons can a judge be impeached?

Missouri Constitution, Article VII, Section 1: “All elective executive officials of the state, and judges of the supreme court, courts of appeals and circuit courts shall be liable to impeachment for crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude or oppression in office.”

A court decision which is clearly in opposition to the plain meaning of the constitution made in favor of personal opinion or in deference to political allies is “corruption in office”. A decision like that is in violation of the judge's oath to defend the constitution and strikes at the seminal principles of “separation of powers”.

If a the judge's motives are not malicious, but he simply misunderstands the clear dictates of the constitution, then he is guilty of “incompetency”.

MO Const. Article VII, Section 11: “Before taking office, all civil and military officers in this state shall take and subscribe an oath or affirmation to support the Constitution of the United States and of this state, and to demean themselves faithfully in office.”
MO Const. Article II, Section 15 "Every senator or representative elect, before entering upon the duties of his office, shall take and subscribe the following oath or affirmation: I do solemnly swear, or affirm, that I will support the Constitution of the United States and of the state of Missouri, and faithfully perform the duties of my office, and that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law."

References:

Missouri Constitution search

Missouri Constitution

Missouri Revised Statutes Search

Missouri Revised Statutes

  • Removal and Impeachment of Public Officials (RSMo 106)

Directory of Missouri Representatives


Order “Restraining an Overactive Judiciary” by David Barton From Wall Builders (It's about 60 pages and only $6.95) This is an excellent, easy to read book that uses a lot of quotes from the founding fathers to explain the importance of “separation of powers” and the role impeachment has played in maintaining that separation.

Missouri Impeachment History Summary

  1. 1825 Circuit Judge Richard S. Thomas, Jackson, MO
    Accused of bribery in order to secure a clerk position for his son.
    Removed

  2. 1843 Judge John Leland, 2nd Judicial Circuit
    Accused of deficiency in legal knowledge, negligence, tardiness, inattentiveness
    Outcome unknown

  3. 1859 Circuit Judge Albert Jackson, Butler County
    Accused of oppression in office, (28 articles)
    Acquitted

  4. 1867 Circuit Judge Walter King, Platte County
    Accused of finding no bills of indictment against Confederate soldiers, refusing to give or take the loyalty oath required by the constitution, etc.
    Removed

  5. 1867 Circuit Judge James C Moody, St. Louis Curcuit
    Accused of uttering false erroneous, and dangerous decisions and opinions, subversive of the valid and binding provisions of the constitution, and for intentionally neglecting to require loyalty oaths by jurors.
    Outcome unknown

  1. 1872 Circuit Judge Philander Lucus, Platte County
    Charged with “allowing indictments to create costs” by granting mileage allowances to jurors.
    Charge dropped

  2. 1931 State Treasurer Larry Brunk
    Accused of mishandling state money
    Aquitted

    (Note: The 1945 constitution transferred impeachment trials from the senate to the Supreme Court, except when a SC judge or Governor is impeached.)

  3. 1962 Circuit Judge Virgil A Poelker, St. Louis County
    Accused of mishandling money
    Resigned before trial

  4. 1968 Circuit Judge John D. Hasler, St. Louis County
    Accused of personal involvement with a woman seeking a divorce in his court and improperly advising her.
    Resigned before trial

  5. 1994 Secretary of State Judith Moriarty
    Accused of back dating her son's filing for an election
    Removed

Can you believe it? The Missouri constitution can be amended with a simple majority vote of an uninformed electorate! Maybe the next amendment to our state's supreme law should require a 2/3 vote for changes to this seminal document.




UN Flag Flying Over Missouri University!

Yes, that's it, right between the U.S. flag and Missouri's flag. Viewing from this direction, preminance is indicated by the left most position. What is the university trying to tell us?

This Land Is Your Land?
Not at the University of Missouri, Columbia it isn't!
United Nations influence over our institutions of higher learning is evidenced by the flying of the UN flag over Jesse Hall, the main administration building.

The Problem With the UN Flag
Words mean something, and so do flags. A flag is more than just a piece of colored cloth, it's a symbol representing values and ideals. Flags are used in many ways; they denote possession of a territory, rule, victory, pride, loyalty, honor and submission.

In days past, when a new territory was discovered, the explorers claimed that territory by raising a flag. When an invading army conquers a city, they announce their victory, claim rule, and demand submission by flying their flag above the most prominent building. Loyalists fly the flag or banner of their hero, whether it be a baseball team or a nation. One of the first things Neil Armstrong did upon landing on the Moon was plant an American flag!

Considering the importance and significance of flags, we must ask, "Is it right to fly the flag of the United Nations over the most eminent university of our great state?".   more.

Why Do We Need Sovereignty for Missourians?
What's happening to America? You don't have to be very old to remember when things were different. It wasn't long ago when 'unspeakable' things weren't spoken! Now it is hard to escape the decadence.

In the eyes of many Americans, the distinction between right and wrong has been blurred; our culture is changing faster than it ever has. Why is this, and what will be its end?

THE SOURCE OF THE PROBLEM
Cultures foreign to the American way now permeate our society - this is the natural result of unbridled immigration and humanism's step-child, multicuturalism. This doctrine declares that all cultures are equally acceptable, but you need go no farther than the court dockets to learn otherwise. more.

Join us in our effort to secure Missouri Values. There are things you can do!





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"Our citizens have wisely formed themselves into one nation as to others and several States as among themselves. To the united nation belong our external and mutual relations; to each State, severally, the care of our persons, our property, our reputation and religious freedom." -- Thomas Jefferson: To Rhode Island Assembly, 1801

More Jefferson Quotes

Benjamin Franklin wrote in 1787:

 "Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters."




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