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Tag: amendment 5

Missouri Courts Must Uphold Citizens’ Right to Possess Firearms for Defensive Purposes

Missouri Courts Must Uphold Citizens’ Right to Possess Firearms for Defensive Purposes

In 2014, Missouri voters passed Amendment 5, which updated Article I, Section 23 of the Missouri Constitution, which protects “the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property[.]” The amendment was explicitly designed to give this right the most extensive protections possible, requiring courts to subject to “strict scrutiny” any restriction on citizens’ rights of self-defense, and obligating the…

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To Fix a Broken Standard

To Fix a Broken Standard

  Missouri is facing an unusual problem. On the one hand, the state supreme court has held that laws affecting fundamental rights must be reviewed under the “strict scrutiny” standard.  Ordinarily this would be excellent news, because strict scrutiny is supposed to represent the very highest level of judicial protection for constitutional rights. This standard requires the court applying it to (1) presume that a law restricting a constitutional right is unconstitutional, (2) requires the government to present a compelling…

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PRESS RELEASE: Missouri Supreme Court Defies Voters, Effectively Nullifies Amendment 5

PRESS RELEASE: Missouri Supreme Court Defies Voters, Effectively Nullifies Amendment 5

  FOR IMMEDIATE RELEASE:    February 9, 2016 CONTACT:  Dave Roland Missouri Supreme Court Defies Voters, Rules Amendment 5 “Worked No Substantial Change” in Missouri Constitution  Mexico, Missouri—By a 5-2 margin, a majority of the Missouri Supreme Court’s judges have effectively nullified a state constitutional amendment approved by more than sixty percent of voters in 2014.  Amendment 5, as the measure was known, made major textual changes to Article I, section 23 of the Missouri Constitution and was designed to establish the…

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