HB 1481 was introduced as: to enact in lieu thereof ten new sections relating to the operation of certain law enforcement agencies, with penalty provisions. One of the areas that should bring concern is once again the legislature is granting to a governing body to which they do not have any such authority as pointed out in the state constitution.
Section 1. Legislative power—general assembly.—The legislative power shall be vested in a senate and house of representatives to be styled “The General Assembly of the State of Missouri.”
Source: Const. of 1875, Art. IV, Sec. 1.
But Tom, you may say didn’t the people of the Great State of Missouri grant the legislature to create laws? Why yes they did, what they didn’t do is grant the legislature any such authority to take that law-making power and pass it off to another governing body to create laws, unless such governing body is a charter (or home rule) city/county, therein the people of these political subdivisions have created or given such governing body that authority.
Section 3. Powers of the people over internal affairs, constitution and form of government.—That the people of this state have the inherent, sole and exclusive right to regulate the internal government and police thereof, and to alter and abolish their constitution and form of government whenever they may deem it necessary to their safety and happiness, provided such change be not repugnant to the Constitution of the United States.
Source: Const. of 1875, Art. I, Sec. 3.
Section 2. Promotion of general welfare—natural rights of persons—equality under the law—purpose of government.—That all constitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their own industry; that all persons are created equal and are entitled to equal rights and opportunity under the law; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails in its chief design.
Source: Const. of 1875, Art. II, Sec. 4.
Section 1. Source of political power—origin, basis and aim of government.— 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.
Source: Const. of 1875, Art. II, Sec. 1.
A thorough reading of A1S1 says that ALL political power is vested in the people and derived from the people, this is akin to my worn-out example of loaning your vehicle to a friend to run down to the store and while there they run into a friend who needs to run across town so they hand them your car keys so mission accomplished. Meanwhile, you have granted no such authority to your friend to loan out your vehicle to their friend for usage, they just assumed it without being granted such permission, just as the legislature assumes they have such authority without being granted it by the people. Governing a free people wasn’t supposed to be easy which is why there are limitations on the authority granted and people need to also understand the self governing application of a free people.
84.012. In all cities of this state not within a county, the common council or 2 municipal assembly of such cities may pass ordinances for preserving order; securing 3 property and persons from violence, danger, or destruction; protecting public and 4 private property; and promoting the interests and ensuring the good governance of the 5 cities, but no ordinances heretofore passed, or that may hereafter be passed, by the 6 common council or municipal assembly of the cities shall, in any manner, conflict or 7 interfere with the powers or the exercise of the powers of the boards of police 8 commissioners of the cities as created by section 84.020, nor shall the cities or any 9 officer or agent of the corporation of the cities, or the mayor thereof, in any manner 10 impede, obstruct, hinder, or interfere with the boards of police, any officer, agent, or 11 servant thereof or thereunder.
This portion of this legislation is specific to St Louis so it has no impact on the community in which you live, unless you live in St Louis. This is the same type of ideology that local governing bodies believe they can create ordinances (which by decree are laws) that require one to wear a seat belt.
Not an endorsement of this piece of legislation but to the credit of the legislature all the changes are narrowly defined within one section of RsMO.
