Goodman: Protecting Missourians from an Overreaching Federal Government

As the health care debate in Washington once again reaches fevered pitch, it looks increasingly likely that Congressional leaders will ram their bill through, despite the opposition of the American people.  The potential implications for Missouri mean we must get serious about taking the necessary action to protect Missourians and ensure the federal government cannot overstep its bounds.

The Founding Fathers had the foresight and understanding of mankind's inherent desire for freedom to pen a Constitution that, if upheld, would protect an individual's right to life, liberty and the pursuit of happiness. The Tenth Amendment to the Constitution, the final in the Bill of Rights, reserved to the states all powers not specifically delegated to the federal government. The rationale behind this important protection is that most of the decisions of government should be made closest to the voters affected by them, where the voters can better monitor the workings of their government and speak out.  Now, almost 220 years later, this governing principle is in genuine peril.

While the federal government was designed to perform a few specific functions, the Founding Fathers appropriately limited its scope of power. Unfortunately, in the time since the adoption of the Bill of Rights, the federal government has slowly and methodically pushed beyond the bounds of the 10^th Amendment and taken on areas of appropriation, legislation and regulation that should be handled closer to the voters.  In 1791, Thomas Jefferson wrote that he considered the 10^th Amendment the basis of our nation's founding document, and warned of the consequences of violating this principle, saying, "To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition."

The federal health care proposal on the verge of being rammed through Congress via a procedure called "reconciliation" (a process traditionally reserved for matters relating to the budget and deficit) is such a step toward that boundless field of power.  This federal monstrosity would impose hundreds of millions of dollars in additional spending on Missouri's already strapped budget, while also forcing Missourians to enter private contracts with other private parties or face tax penalties backed up by the threat of imprisonment. Even without the budget busting costs of this  bill (in the face of outlandish claims that it will actually reduce the deficit), its invasion into the private lives of citizens is utterly unamerican. It all boils down to more federal government control, less personal freedom and spending mandates that most states will not be able to afford, particularly in light of their own budget troubles.

Perhaps in the end we will find that this health care fiasco has done us a favor. People are waking up to the realization that the federal government is overstepping its bounds and something must be done to stop it. That is why I have sponsored Senate Joint Resolution 34, which will give the Governor, the General Assembly and the people (acting by initiative petition) the authority to compel the Missouri Attorney General to file suit challenging federal laws that violate the 10^th Amendment.  Additionally, I co-sponsored Senate Joint Resolution 25, along with several of my colleagues, which, if approved by Missouri voters, would change our state's constitution to prohibit any laws mandating that private citizens enter into private contracts for health care or participate in government run health programs. This legislation was recently passed out of committee and is now ready to be taken up for debate on the Senate floor. We must preserve our ability to make decisions when it comes to the health care of Missouri residents.

In the not-so-distant past, our federal government operated under the assumption that the less it intruded into the lives of Americans, the better off we all would be. In fact, our entire democracy was founded on the principles of limited government, respecting the rights of the individual and promoting self-responsibility. We must return to our nation's roots of self-sufficiency and personal freedom, and we must begin by limiting the federal government to its Constitutionally defined powers.

As always, I welcome your ideas, questions and concerns about Missouri government. You may contact me at the State Capitol as follows: (573) 751-2234, jack{dot}goodman{at}senate{dot}mo{dot}gov or by writing to Senator Jack Goodman, Missouri State Capitol, Room 331-A, Jefferson City, MO 65101.

Goodman Files 10th Amendment Protection Measure

JEFFERSON CITY — Senator Jack Goodman (R-Mt. Vernon) has filed a joint resolution to protect Missouri's state sovereignty guarantees under the 10^th Amendment to the U.S. Constitution. Senate Joint Resolution 34, co-sponsored by Sen. Eric Schmitt (R-Glendale), is a proposed state constitutional amendment empowering the governor, General Assembly or the people, through initiative petition, to compel the attorney general to challenge overreaching federal legislation that violates the 10^th Amendment, the last amendment in the Bill of Rights. If passed by the General Assembly, SJR 34 will be submitted to the voters for approval.

"There must be a mechanism set in place to protect the people when government exceeds its legitimate powers," Sen. Goodman said. "The federal government has proven itself to have no restraint when it comes to exceeding its constitutional authority. Our founders deliberately established a system with most governing taking place at levels of government close to the voters. We must take steps to safeguard these protections for the people of Missouri."

Goodman: Meeting Our Challenges

The 2010 legislative session is now underway and it promises to be a year filled with challenges. The budget obstacles that await us are obvious, but we will also need to anticipate problems that will arise as a result of federal legislation, tighten ethical requirements in the Legislature and pursue a strategy of long-term planning for Missouri's future.

Budget challenges are inevitable this year as our state works to overcome decreased revenues caused by a national economic downturn. While Missouri is in a better position than many other states, we will have some difficult — and unavoidable — decisions to make this year. Right now we are facing a general revenue shortfall of almost $800 million below what was predicted for fiscal year 2010. The governor has made more than $600 million in budget cuts, but it looks as though we may be in store for more cuts in the coming weeks. Like many of my Senate colleagues, I promise I will stand firm against any proposal to raise job-killing taxes on hard-working Missouri families to compensate for less-than-projected state revenues.

We must also anticipate the consequences federal legislation will have on our state budget, if passed. In particular, I am speaking of the health care takeover currently awaiting finalization in the U.S. Congress. While the final form of the legislation and its final passage are uncertain, what we already know should be enough to make every Missourian very concerned.  The federal bill in its current form is a budget busting monster that includes mandates on the state to spend at least another $450 million on expanded government programs.

This year, I filed SJR 34, which would allow the people of Missouri to vote on a state constitutional amendment empowering the Governor, the General Assembly or the people, through initiative petition, to compel the Attorney General to challenge overreaching federal legislation that violates the 10^th Amendment of the U.S. Constitution.  There must be a mechanism to protect the people when government exceeds its legitimate powers.

I also cosponsored SJR 25, a proposed amendment to the Missouri Constitution that would prohibit the implementation in Missouri of intrusive personal mandates contained in an overreaching federal healthcare bill.

Another big issue this year will be ethics reform in our state. Some unsavory actions on the part of elected officials in the past year have further eroded public trust in their public servants. To help rebuild that trust, several bills have already been filed proposing to strengthen the ethical standards in the Legislature.

Finally, we must face all of these challenges in the midst of the term limits that will affect 10 senators this year and 10 more in two years. We must focus on long-term solutions beyond the tenure of our own service. Doing so will require lawmakers to take a forward-thinking approach to public service. If we are serious about making Missouri a leader in education, business and health care, we must look beyond the present to five, 10 and 20 years down the road, working to ensure that our successors step into leadership with Missouri in a position of strength.

I will discuss specific legislation, including the bills I am sponsoring this session, in future Capitol Reports. I know we face an uphill climb, but I am confident we can come together and work diligently to strengthen our state and the further improve the quality of life for Missourians in 2010.

As always, I welcome your ideas, questions and concerns about Missouri government. You may contact me at the State Capitol as follows: (573) 751-2234, jack{dot}goodman{at}senate{dot}mo{dot}gov or by writing to Senator Jack Goodman, Missouri State Capitol, Room 331-A, Jefferson City, MO 65101.