“Oh the delight of God’s favor, the terror of His curse.”

All Missourians mourn with the hurting families in Boston and in the small town of West, Texas. Those of you who pray have prayed already for God’s comfort sufficient to the distress of the victims. There may be no “silver lining” to such catastrophes, but there are elements that reach beyond the pain. Are you as encouraged as I am at the courage and selflessness that rises relentlessly out of every mound of ashes?  The heroism of ordinary Americans reminds us of who we are as a nation. It also provides a glimpse of the character designed into us by our Creator. We are made in the image of God, and it is that image we see reflected in the heroism of crises.

Moving to issues of government, I want to inform you about SJR 9, which addresses how the state of Missouri goes about impeaching elected officers. “Only in Missouri” is a phrase that might well acknowledge some exceptional accomplishment or characteristics of Missouri, but in this case, it applies to how Missouri tries impeachment charges. No other state handles impeachments exactly like Missouri, and few Missourians know about our state’s method or how it completely voids the checks and balances intended by our Founding Fathers when they designed the three branches of government.

The federal model for impeachment is that all impeachments begin in the House and, if approved by a vote of that body, are tried in the Senate. This model is followed by at least 45 states and was followed by Missouri until 1945. Impeachment is a legislative procedure providing a “check” to prevent the other two branches from growing too powerful. Missouri’s problem is that we have removed that check and effectively put the fox in charge of the hen house. No other state has followed Missouri’s lead because they understand that it violates the integrity of our Constitutional government.

The 1945 change to Missouri’s impeachment process came about because Missourians were offended by what some considered a botched impeachment of State Treasurer Larry Brunk. It is interesting to note that 80 percent of the impeachments in Missouri have been of judges, and judges are now in charge of impeachments. Senate Joint Resolution 9 is a proposed constitutional amendment that, if approved by the voters, would restore the constitutional language that existed prior to 1945; it puts impeachment trials back in the Missouri Senate. When SJR 9 was considered in committee, only the Missouri Bar testified in opposition.

The notion that impeachment trials belong in the Senate is emphasized in the case of Nixon vs. United States, in which the U.S. Supreme Court unanimously ruled that the power of impeachment belongs to the Legislature and making the impeachment process dependent on another branch is a violation of our checks-and-balances system. The court also pointed to the principle that impeachment is not a criminal proceeding, but a political one. Both the federal and state constitutions are clear that impeachment is limited to removing someone from office, not imprisoning or fining them. As Justice Joseph Story said, “…impeachment is a proceeding purely of a political nature. It is not so much designed to punish an offender as to secure the state against gross official misdemeanors. It touches neither his person nor his property, but simply diverts him of his political capacity.”

The court observed that since impeachment is not a criminal procedure, if there has been criminal action, a separate trial is required. If the same people who impeached an official were also charged with ruling on the criminal accusation, it would be difficult to judge the criminal case without prejudice. The court’s opinion and the concurring opinions are interesting and persuasive reading on the purpose and process of impeachment.

In conclusion, the power of impeachment belongs to the Legislature and making the impeachment process dependent on another branch is a violation of our checks-and-balances system.  If this joint resolution is approved by the Legislature and the people, we can restore alignment of Missouri’s constitution with the vision the Founding Fathers set for our country.

I appreciate you reading this Legislative Report, and please don’t hesitate to contact my office at (573) 751-2108 if you have any questions. Thank you and God bless.