Missouri House of Reps Considers Impeaching State Governor

By:  Joe Wolverton, II, J.D.
04/25/2014
       
Missouri House of Reps Considers Impeaching State Governor

On Wednesday, April 23, the Judiciary Committee of the Missouri state House of Representatives began consideration of three articles of impeachment filed against state Governor Jay Nixon.

Although the Kansas City Star describes the likelihood of Nixon’s ultimate impeachment as “minuscule,” three members of the Republican-dominated House of Representatives believe the executive has betrayed his oath of office.

The first article of impeachment was offered by state Representative Nick Marshall. Marshall alleges that Nixon’s issuance of an executive order directing state revenue officials to accept tax returns filed by homosexual couples is an impeachable offense. “This is such a blatant and serious violation of Missouri’s constitution and Missouri law that the governor should be removed from office,” Marshall said, as reported in the Kansas City Star.

In a strained application of the so-called Supremacy Clause of Article VI of the U.S. Constitution, Governor Nixon insists that as Missouri’s tax code is an expression of the federal tax code and mirrors it, homosexual couples whose tax returns are accepted by the IRS must also be accepted by the Missouri Department of Revenue.

As The New American has explained previously, the Supremacy Clause does not endow federal laws with unassailable, unqualified supremacy. What it says is that the Constitution "and laws of the United States made in pursuance thereof" are the supreme law of the land.

Clearly, that clause exalts federal acts made “in pursuance” of its enumerated powers, not those made in violation of them. If an act of Congress is not permissible under any enumerated power given to it in the Constitution, it was not made in pursuance of the Constitution and therefore not only is not the supreme law of the land, it is not the law at all.

Constitutionally speaking, whenever the federal government passes any measure not provided for in the limited roster of its enumerated powers, those acts are not awarded any sort of supremacy. Instead, they are “merely acts of usurpation” and do not qualify as the supreme law of the land. In fact, acts of Congress are the supreme law of the land only if they are made in pursuance of its constitutional powers, not in defiance thereof.

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Photo: Missouri Governor Jay Nixon

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