Will Missourians let go of power?
The Missouri legislature this week is expected to pass a constitutional amendment making it harder for voters to change the constitution with citizen-driven ballot initiatives.
The bill, which would require 57% of Missouri voters to support a change to the constitution instead of the current 50%, cleared the Missouri House of Representatives on Tuesday as part of an agreement between the state House and Senate.
Assuming the legislation is eventually signed into law, its supporters will have to do the hard part as it gets put to a statewide popular vote — convince voters to give up some of their power.
In recent years, citizen-driven ballot initiatives have allowed voters to pass legislation unable to clear the legislature, like expanding Medicaid and legalizing medical and recreational cannabis. Abortion rights activists are currently working to get an initiative on the ballot to overturn Missouri’s current abortion law, which bans the procedure in all cases except for medical emergencies.
Some of that legislation has passed by a narrow margin — the vote to legalize recreational marijuana passed with just 53% of the vote.
Politically, lawmakers will have to sell the argument they used to push the legislation through the House and Senate — that the Missouri constitution is getting too crowded. One lawmaker said the constitution is starting to look like a book.
An analysis provided to The Star found that only 40.6% of the citizen-driven petitions have been approved since 1912.
An earlier version of the bill may have had a better chance of building enough support to pass. Along with raising the total voter threshold, it would have allowed an amendment to be added to the constitution if it had a majority of the state’s eight congressional districts.
There is no right to a citizen-driven ballot initiative. Missouri is one of 26 states that allows citizens to petition to change the constitution.
In Kansas, which does not have a citizen initiative, the constitution can only be amended if the Legislature votes to put an amendment on the ballot and a majority of voters back it. That’s how the recent abortion ballot measure in Kansas failed, even though it cleared the Legislature.
Even still, lawyers warned that an earlier proposal would potentially run afoul of the U.S. Constitution.
While the congressional districts represent an equal number of people, potentially satisfying the constitutional argument that one person equals one vote, it would likely disadvantage voters who lived in urban areas, putting it at risk of violating the constitution.
Instead of taking that legal risk, lawmakers in Missouri decided to embrace a political challenge — convince voters to let go of power.
More from Missouri
The Missouri legislature is the latest to join the wave of Republican-controlled states passing anti-transgender rights legislation. This week, the Missouri House cleared two bills — one that would ban gender affirming care for transgender youth and one that would prevent trans women from playing in school sports. Gov. Mike Parson has said he’ll sign the legislation.
Here are headlines from across the state:
Missouri lawmakers pass bans on gender-affirming care, trans athletes in women’s sports, Kacen Bayless
Plan to restrict MO ballot measures could face legal trouble, Jonathan Shorman and Kacen Bayless
Hawley, Schmitt stand by Trump after jury finds former president liable for sexual abuse, Daniel Desrochers
Biden wants Republicans to pass gun control measures. Will KS, MO lawmakers listen? Daniel Desrochers
Retirement benefits would be exempt from income tax under bill headed to Parson’s desk, Kacen Bayless
And across Kansas
Republican leaders in the Kansas Legislature celebrated earlier this month when they passed a sweeping bill aimed at limiting transgender rights in the state. One piece of the law bars transgender people from accessing domestic violence shelters that match their gender identity — a 2020 study found trans people experience a higher rate of intimate partner violence — and shelter leaders are concerned the provision could jeopardize their federal funding.
Domestic violence shelters fear new KS restrictions on trans people endanger funds, Jonathan Shorman and Katie Bernard
After guardsman’s leak of military secrets, KS senator wants change to classified docs, Daniel Desrochers
Kansas GOP considers kicking minority, youth and women’s groups out of party leadership, Katie Bernard
Kansas abortion clinic files federal lawsuit to retain access to common abortion pill, Katie Bernard
Kelly faces calls from education groups to veto school funding bill, Katie Bernard
The latest from Kansas City
In Kansas City …
Super Bowl-champion Kansas City Chiefs will visit the White House. Here’s the scoop, Sam McDowell
Kansas City Zoo’s new aquarium has a name. You’d never guess who it’s named after, Robert A. Cronkleton
12 Kansas City area residents indicted in nearly $250K PPP fake loan scheme, feds say, Luke Nozicka
Have a news tip? Send it along to ddesrochers@kcstar.com
Odds and ends
SAFE Banking Act
The Senate held a committee meeting about the SAFE Banking Act, legislation aimed at making it easier for marijuana companies to get banking services.
Because the marijuana industry is in a sort of legal purgatory — medicinal marijuana is legal in a majority of states and recreational marijuana is legal in 22 states but remains illegal at the federal level — it creates uncertainty for some day-to-day business operations.
Marijuana companies in Missouri, where the drug was legalized for recreational use last year, say they can’t accept most credit cards because banks are concerned about how it will affect their legal standing.
The SAFE Banking Act has been introduced for several years, but has failed to clear Congress. The hearing is seen as a sign of progress as Congress has been slow to follow the lead of the states and begin the process of legalizing marijuana.
Even though the drug is legal in Missouri, not all lawmakers are on board. Rep. Mark Alford and Sen. Josh Hawley have indicated they don’t support the SAFE Banking Act, let alone full legalization. Sen. Eric Schmitt, however, has expressed openness to legislation about medicinal marijuana.
Congressional Review Act
First they came for the lesser prairie chicken. Then they came for the northern long-eared bat.
The Senate over recent weeks has been slowly attempting to unravel parts of the Endangered Species Act, disagreeing with the U.S. Department of Fish and Wildlife about which animals to place on the endangered species list.
On Thursday, the Senate voted to remove the northern long-eared bat, which is native to the northern and eastern U.S. (including most of Missouri) and stretches into Canada. The bat has been dying because of deadly disease affecting hibernating bats called white nose syndrome.
Opponents of the bat being added to the endangered species list say that humans aren’t the ones driving it toward extinction and that the rule will prevent economic development and infrastructure projects in their state.
The White House Office of Management and Budget said Biden will veto the resolution if it makes it to his desk.
It’s the latest effort by Congress to reject Biden administration rules using a law called the Congressional Review Act that allows it to express displeasure with rules and regulations written by executive branch agencies. Republicans in the Senate have often been joined by Sen. Joe Manchin, a West Virginia Democrat who is mad about how the administration wrote rules related to his 2022 climate bill.
Earlier this year, the Congressional Review Act was the vehicle Rep. Sam Graves, a Missouri Republican, used to try and take down President Joe Biden’s newest Waters of the U.S. rule. His vote to disapprove of the rule passed both the House and Senate before it was vetoed by Biden.
Happy Friday
I was amazed by the bravery by the two men in this article. I have a friend who’s in his “dirty martini era.” Apparently Carole King was at the Capitol yesterday so now I have this song stuck in my head.
Enjoy your weekend.
Looking for more?
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For more politics news, follow @Kacen, @KatieJ_Bernard, @drdesrochers and @jonshorman.
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