Missouri Senate Bill SB840

Missouri 2022 Regular Session

• Introduced: 1/5/22
• Refer: 1/20/22

Caption

Authorizes the General Assembly and the Attorney General to review and prohibit implementation of certain federal actions in this state

Impact

This bill could have widespread implications for state laws regarding a variety of areas, including public health, environmental regulations, and education. The ability for Missouri lawmakers to declare federal actions unconstitutional reinforces state sovereignty in challenging federal overreach. It could result in significant changes in how Missouri interacts with federal mandates, particularly during crises such as pandemics where federal actions may seek to limit personal rights or local governance.

Summary

Senate Bill 840 empowers the Missouri General Assembly and the Attorney General to review federal executive orders, agency rules, and congressional actions for constitutionality. If the General Assembly determines that a federal action may violate the constitution, they can recommend that the Attorney General pursue legal action to seek exemption from the federal measure or declare it unconstitutional. This places significant authority in state government to scrutinize and potentially challenge federal regulations.

Contention

Notable points of contention arise from the broad scope of the bill's language, which allows for the review of numerous federal actions concerning essential rights and regulations, ranging from health emergencies to agricultural practices. Critics may argue that this bill undermines necessary federal protections and could lead to a fragmented approach to public policy where states diverge sharply on critical issues. Additionally, there is concern that this level of scrutiny could hinder effective responses to national challenges such as health crises or environmental protection, leading to legal disputes that clog judicial resources.