As much as I like to talk about the state of Missouri, the federal government is still capturing most of the attention. Perhaps it is because Congress is doing more than ever to threaten our states’ rights. Most stories revolve around the same plot: Congress taking more money out of our wallets and using it in ways we do not want. This time, however, the news is about nullifying our right to pass state laws pertaining to abortion that are tailored to Missourians.

Congress is considering an act called the “Freedom of Choice Act (FOCA),” which is not about freedom or choice. The act establishes abortion as a fundamental right and would overrule any federal, state or local acts that could be interpreted as limiting this right. If this Act passes, all state laws pertaining to clinic regulations, parental consent, transportation of minors across state lines, and everything else we have accomplished to define abortion standards in our state since Roe v. Wade will be nullified. It is a flagrant slap in the face to the rights of states to define their own laws. It is also a slap in the face to the taxpayers because we could be forced to pay for abortions. If you would like to read more about this, click here: FOCA Fest and Life News.

If the U.S. Congress passes this act, it will be a violation of the Tenth Amendment of the U.S. Constitution, which clearly allows states to pass any law as long as it is not in conflict with the U.S. Constitution.

We often hear of the three branches of government: executive, legislative and judicial. They are supposed to provide checks and balances on one another. We used to have balance between the states and our national government as well, but the federal government keeps getting stronger. As the national government continues to enlarge, no branch seems to be capable of putting “big brother” on a diet. The only restraint we have is the conscience of Congress, which seems to be gone.

So what can we as a state do about it? Instead of complaining about it, I filed a House Resolution, HR212, on the anniversary of Roe v. Wade. This resolution will send a message to our congressional delegation to oppose F.O.C.A. It articulates our position that the states are being treated like an administrative branch of the federal government, and we are not satisfied with the manner in which Congress is acting. HR212 was supported by over 75 of my colleagues.

When our country was founded, each state had special local flavors and characteristics that defined our statehood. If F.O.C.A. passes into law, the national government will be making a statement that it is pointless for states to have unique rules pertaining to how we govern our own people.

Take heart! There are many reasons to be optimistic. Yesterday morning, the Special Standing Committee on Children and Families held a public hearing on this resolution, and the hearing room was filled with people from all over this state who were opposed to FOCA. People came from Kansas City, O’Fallon and in between. A big thanks goes out to all those who came to the hearing. We voted a House Committee Substitute out of our committee and it will now go to the floor for full debate. As with HR212, the substitute, titled HCS HR294 & 212, urges the United States Congress to summarily reject the enactment of the federal Freedom of Choice Act.

Perhaps our Congress will listen to us. This resolution is being filed in states all over the country. We are in good company with many other states who are interested in preserving their autonomy. If more states send these resolutions to Washington, D.C, we increase our chances of waking them up to our dissatisfaction with their overreaching behavior. This bill may prove to be a watershed moment when we stand up to a big bully and win.

Your thoughts are important to me, so please let me know what you think about this resolution to reject the “Freedom of Choice Act.” You can send me your opinion by clicking here: Cynthia Davis

House Resolution 212

Whereas, the Tenth Amendment of the Constitution of the United States reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and

Whereas, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and

Whereas, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and

Whereas, today, in 2009, the states are demonstrably treated as agents of the federal government; and

Whereas, the Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and

Whereas, Barack Obama, President of the United States, has promised that one of the top priorities of his new Administration is to sign into law the "Freedom of Choice Act" which purports to classify abortion as a "fundamental right" equal in stature to the right of free speech and the right to vote - rights that, unlike abortion, are specifically enumerated in the United States Constitution; and

Whereas, the federal Freedom of Choice Act would invalidate any "statute, ordinance, regulation, administrative order, decision, policy, practice, or other action" of any federal, state, or local government or governmental official, or any person acting under governmental authority, that would "deny or interfere with a woman's right to choose" abortion, or that would "discriminate against the exercise of the right...in the regulation or provision of benefits, facilities, services, or information"; and

Whereas, the federal Freedom of Choice Act would nullify any federal or state law "enacted, adopted, or implemented before, on, or after the date of [its] enactment" and would effectively prevent the State of Missouri from enacting similar protective measures in the future; and

Whereas, the federal Freedom of Choice Act would invalidate more than 550 federal and state abortion-related laws, laws supported by the majority of the American people; and

Whereas, the federal Freedom of Choice Act would specifically invalidate the following commonsense, protective laws properly enacted by the State of Missouri:

(1) Section 188.027, RSMo, which requires written and informed consent prior to an abortion;

(2) Section 188.028, RSMo, which establishes the requirements and procedures for the performance of abortions on minors;

(3) Section 188.029, RSMo, which requires a determination of viability prior to an abortion;

(4) Section 188.036, RSMo, which prohibits abortions performed with the intent to use fetal organs or tissue for transplant, experiments, or for money;

(5) Section 188.039, RSMo, which requires a twenty-four-hour waiting period prior to an abortion;

(6) Sections 188.205 and 188.215, RSMo, which prohibits the use of public funds and public facilities in the performance of abortions;

(7) Section 188.250, RSMo, which prohibits aiding or assisting a minor in obtaining an abortion;

(8) Section 197.032, RSMo, which allows hospitals and medical personnel the right to refuse to participate in abortions;

(9) Section 565.300, which creates the crime of infanticide; and

Whereas, the federal Freedom of Choice Act will not make abortion safe or rare, but will instead actively promote and subsidize abortion with state and federal tax dollars and do nothing to ensure its safety; and

Whereas, the federal Freedom of Choice Act will protect and promote the abortion industry, sacrifice women and their health to a radical political ideology of unregulated abortion-on-demand, and silence the voices of everyday Americans who want to engage in a meaningful public discussion and debate over the availability, safety, and even desirability of abortion:

Now, therefore, be it resolved that we, the members of the House of Representatives of the Ninety-fifth General Assembly, hereby declare our sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and

Be it further resolved that this resolution serve as Notice and Demand to the federal government as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; and

Be it further resolved that all compulsory federal legislation which directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed; and

Be it further resolved that the Missouri House of Representatives further declares

our strong opposition to the federal Freedom of Choice Act and urge the United States Congress to summarily reject it for the following reasons:

(1) It seeks to circumvent the states' general legislative authority as guaranteed under the Tenth Amendment to the United States Constitution;

(2) It seeks to undermine the right and responsibility of the states and the people to debate, vote on, and determine abortion policy;

(3) The protection of women's health through state regulations on abortion is a compelling state interest that should not be nullified by Congress;

(4) Its enactment would nullify numerous laws of the State of Missouri that the Missouri General Assembly and the people of Missouri strongly support; and

Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for Governor Jay Nixon; Barack Obama, President of the United States; the President of the United States Senate; the Speaker of the United States House of Representatives; and each member of the Missouri Congressional delegation.

Offered by Representative Cynthia Davis, District No. 19

A Little Bit of Humor

Pro Congress?

Filename: j0149508.wmf Keywords: buildings, congress, congresses ... File Size: 90 KB

If con is the opposite of pro, then is Congress the opposite of progress?

This Capitol Report is a weekly column by Representative Cynthia Davis, from the 19^th District, covering events in the Missouri Legislature and district-wide issues.

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