The Libertarian Snakebite Kit - Day

1:58PM - A Useful Limitation of Legislative Power

The article Mo. Law Banning Lap Dances Unconstitutional talks about two violations of Constitutional power in one bill that not only got through the legislature but was signed by Gov. Matt Blunt.

The article starts with:
A new state law banning seminude lap dances at Missouri strip clubs was declared unconstitutional by a judge Friday, two days before it was to go into effect.

Cole County Circuit Judge Richard Callahan said provisions of the law violate First Amendment protections and state constitutional limits on amending a bill beyond its original purpose.

"The state may not limit persons of majority age from engaging in lawful expressive conduct protected by the 1st Amendment of the United States Constitution without a substantial and direct connection to adverse secondary effects, a showing that has not been made," Callahan said in the declaratory judgment.

Later the article details the second violation of the Missouri Constitution:
The bill that included the strip club restrictions initially was labeled as a bill for alcohol-related traffic offenses but was passed under the heading of "crime."

This limitation, if enacted for all states AND the Federal governments sure would slow the legislative process, which is almost always a good thing.

Of course, it also would be nice have a provision in the Constitution that all government officials that violate the Constitution that they are sworn to uphold are immediately removed from office. Better would be an additional provision that bans them from any governmental office for the rest of their life.

Current mood: devious