The Missouri
Constitution
The State Constitutions
• Under the federal system of each
of the fifty states has its own
constitution.
• Although the state constitutions
contain the same basic provisions
as the United States Constitution,
they often are more detailed than
the national constitution.
• Since Missouri entered the Union
in 1821, it has had four
constitutions.
Missouri’s First Three
Constitutions
• Missourians wrote their first constitution in
1820 when they were seeking to become a state.
• The 1820 Constitution was the shortest of the
state’s four constitutions.
• Missouri was, at the time, a young frontier
state, and the first constitution was well suited
to meet the needs of society at that time.
Missouri’s Second Constitution
• In 1865 Missouri’s second
constitution reflected the end
of the American Civil War.
• The 1865 Constitution
abolished slavery in the state,
but it also prevented persons
who had supported the
Confederate States of America
from voting, holding public
office, teaching, practicing law
or serving as a member of the
clergy.
Missouri’s Third Constitution
• Ten years later, Missouri got its third
constitution.
• Missourians had already abolished the
1865 Constitution’s restrictions on
former Confederates.
• 1875 Constitution contained many
detailed provisions limiting the authority
of both state and local government.
The 1945 Constitution
• The 1875 Constitution had become badly outdated.
Many of its restrictive provisions made it difficult for
the state government to meet Missouri’s changing
needs.
• Although the 1945 Constitution borrowed heavily from
the state’s earlier constitutions, it was designed to meet
the needs of the state in the twentieth century.
• Both the executive and judicial branches have been
streamlined in an attempt to better serve the people.
• The legislative branch was changed in the 1960s so that
all people in the state would be equally represented in
both houses of the General Assembly.
The Importance of
State Government
• Missouri’s constitution is designed to permit state officials to carry out the
reserved or state powers.
• The state has the power to make and enforce laws relating to:
– crimes, punishment, and the protection of persons or their property
– public education
– marriage and divorce
– mental health
– social welfare services
– public health
– construction and maintenance of roads and bridges
– licensing the practice of certain professions
– formation of corporations
– regulating business and private property in the public interest
– conservation and natural resources
THE PREAMBLE
• We, the people of Missouri, with
profound reverence for the Supreme
Ruler of the Universe, and grateful for
His goodness, do establish this
Constitution for the better government of
the State.
– the preamble makes it clear that the people
established the constitution, and it explains
why they created it.
The Bill of Rights
• Article I of Missouri’s constitution contains a bill of
rights which defines the basic rights that belong to all
persons.
• Missouri Bill of Rights says that the government must
protect those rights and that it cannot do anything that
might interfere with them.
• The Missouri Bill of Rights is lengthy. It contains
many separate provisions, but the rights listed in it can
be grouped into three major categories: those related to
government principles, those related to personal and
property rights, and those related to ensuring a fair
trial for persons accused of violating the law.
Government Principles
• The following items found in the Missouri Bill of
Rights are intended to ensure the continuation of
certain basic governmental principles:
1. All political power comes from the people.
2. All governments are supposed to promote the
general welfare of the people.
3. All persons have the same rights and the law
must treat everyone equally.
4. All elections must be free and open and no
official can interfere with a person’s right to vote.
Person and Property Rights
• The following provisions found in the Bill of Rights are
designed to protect personal and property rights:
1. All persons are free to worship as they please.
2. Freedom of speech and press must be upheld.
3. All persons have the right to hold peaceful meetings and to
petition their government for changes.
4. No person can have his or her life, liberty or property taken
away without due process of the law.
5. Property can be taken away from a person only for public uses,
and when that is done a fair price must be paid for the
property. The right to take private property for public use is
known as eminent domain.
6. All persons have the right to own firearms.
Person and Property Rights
(continued)
7. Workers have the right to organize labor unions and to
bargain collectively with their employers.
8. All accused persons have the right to call witnesses in
their defense.
9. All accused persons are entitled to a speedy public trial
by a jury of persons from their community.
10. No person can be forced to testify against himself or
herself.
11. No person can be tried a second time for the same
offense after he or she has been acquitted on that
charge.
12. Persons accused of criminal actions have the right to
be released on bail in all but the most serious crimes.
The Distribution of Powers
• Separation of Powers
– Article II of the Missouri Constitution divides the
state government into three separate branches or
departments: legislative, executive and judicial.
– The legislative branch is charged with making the
laws.
– The executive branch is responsible for enforcing
and administering the laws.
– The judicial branch is assigned the task of
interpreting the laws.
The General
Assembly
• The legislative or lawmaking powers
in Missouri are vested in the General
Assembly. The General Assembly is a
bicameral, or two-house, body
consisting of a House of
Representatives and a Senate.
The House of Representatives
• There are 163 members in he House, and
each of them is elected for a two-year
term from one of the state’s 163
representative districts.
• All districts must contain approximately
the same number of inhabitants so that
every citizen is equally represented.
Qualifications for a State
Representative
• To be elected to the House of
Representatives, a person must be at least
twenty-four years old and have been a
qualified voter of the state for two years.
• In addition, any candidate for the office
of state representative must have lived in
the district which he or she represents for
at least one year prior to their selection.
The Senate
• The Senate has thirty-four members elected for
four-year terms.
• Each senator represents one of the state’s
thirty-four senatorial districts which, like the
house districts, are approximately equal in
population.
• One-half of the members of the Senate are
elected at the general election every two years.
Qualifications for a State
Senator
• To be elected to the Missouri Senate, a
person must be at least thirty years old
and have been a qualified voter of the
state for three years.
• In addition, any candidate for the office
of state senator must have lived in the
district which he or she represents for at
least one year prior to their election.
Officers of the General
Assembly
• The House of Representatives
chooses a speaker of the house to
preside over its session.
• The lieutenant governor is the
of the
presiding officer in the Senate, Speaker
House
but the senators also elect a
John Diehl
president pro-tem to manage
their proceedings.
The Executive Branch
(Article IV)
• The governor, lieutenant governor, secretary of
state, treasurer, attorney general, and auditor
are the state’s elected officers.
• The governor is the state’s chief executive
official.
• In addition to the elected officials, the executive
branch also includes a number of
administrative departments. At the present
time there are thirteen major departments and
an Office of Administration.
Governor
• The governor must be at least
thirty years old and must have
been a citizen of the United States
for at least fifteen years and a
resident of Missouri for at least
ten years immediately before his
or her election.
• Missouri’s voters elect the
governor for a four-year term.
• The governor can succeed himself,
but no person can be elected to
serve more than two terms as
governor.
Jay Nixon
The Governor’s Powers and
Duties
• The governor appoints, with the consent of the
Senate, the department heads and members of
boards and commissions for the major administrative
departments.
• The governor has the power to appoint persons to fill
all vacancies in public offices unless the law provides
for another method of choosing a replacement.
• The governor is the commander-in-chief of the state
militia or National Guard and may call upon it to
enforce the laws, to suppress actual or threatened
insurrections, and to repel invasions.
The Governor’s Powers and
Duties (continued)
• The governor can grant reprieves, commutations, and
pardons to persons who have been convicted of
violating the state’s laws in all cases except treason or
impeachment.
• At the beginning of each session of the General
Assembly the governor must prepare and submit a
message about the condition of the state government.
• The governor is charged with recommending to the
General Assembly any measures he or she thinks are
needed.
• At any time the governor may call the General
Assembly into special session
The Governor’s Powers and
Duties (continued)
• The governor is responsible for
preparing an annual state budget.
• The governor can veto any law passed by
the General Assembly as well as any
specific item within an appropriations
bill.
Lieutenant Governor
• The lieutenant governor must meet
the same qualifications as the
governor.
• The lieutenant governor serves as
ex-officio president of the senate,
but he or she can vote in that body
only in cases of a tie vote.
• Like the governor, the lieutenant
governor is elected by the people for
a four-year term. The lieutenant
governor is eligible for re-election.
Peter Kinder
Secretary of State
• The secretary of state is the state’s
official record keeper.
• The secretary of state also serves as
the state’s chief election official,
publishes the Official Manual, and
supervises certain laws governing
Missouri corporations.
• The secretary of state serves a fouryear term and may be reelected.
Jason Kander
Treasurer
• The treasurer is responsible for all
state funds, and must keep an accurate
record of all state revenues and
moneys received and see that they are
properly invested.
• The treasurer is elected for a four-year
term, but as in the case of the
governor, the treasurer is limited to
two terms in office.
• In cases where the treasurer serves
more than two years of a term to
which another individual was elected,
that person is eligible to serve only one
additional four year term.
Clint Zweifel
Auditor
• The auditor is charged with reviewing the
financial practices of the state and its various
agencies.
• The auditor must establish proper systems of
accounting for public officials.
• The auditor also must conduct an annual audit of
the state treasury and audit the accounts of all
state agencies.
• An audit is an official examination of accounts to
verify that they are accurate.
• The auditor also has authority to conduct audits
of local governments in the state.
• The auditor serves a four-year term and is eligible
for reelection.
Nicole
Gallaway
Attorney General
• The attorney general is the state’s
chief legal officer.
• Although the constitution does not
define the attorney general’s duties,
traditionally that office provides
state officials with legal advice and
opinions, and its staff represents the
state in court cases involving the
state.
• The attorney general is elected for a
four-year term and may be
reelected.
Chris Koster
Executive
Departments
• Office of Administration
– It assists the governor in preparing the state budget.
• Department of Agriculture
• Department of Conservation
• Department of Revenue
– Collects Taxes
• Department of Highways and Transportation
• Department of Consumer Affairs, Regulation, and
Licensing
Administrative Departments
(continued)
• Department of Social Services
• Department of Mental Health
• Department of Elementary and
Secondary Education
• Department of Higher Education
• Department of Natural Resources
• Department of Labor and
Industrial Relations
Administrative Departments
(continued)
• Department of Public Safety
– Law enforcement
• Department of Corrections and Human
Resources
The Judicial Branch
(Article V)
• The judicial branch interprets the
laws and settles disputes involving
those laws.
• The Missouri Constitution
provides for a system of courts to
carry out the judicial functions.
Civil and Criminal Cases
• Civil cases involve differences of opinion that arise
between persons.
• In a civil case the party claiming to have been wronged
(the injured party) must, in most instances, bring suit to
initiate court action seeking a redress of grievances or an
award of monetary damages.
• Criminal cases involve violations of the state’s criminal
laws.
• Criminal acts are often divided into two categories.
Major or serious crimes such as murder, rape, or bank
robbery are classified as felonies, while minor criminal
acts such as disturbing the peace or violating a traffic
law are called misdemeanors.
The Structure of Missouri’s
Court System
• Article V of the Missouri Constitution outlines
the structure and organization of the state’s
court system.
• It stipulates that, “The judicial power of the
state shall be vested in a supreme court, a court
of appeals consisting of districts as prescribed
by law, and circuit courts.”
• Most civil and criminal cases originate in the
circuit courts, but the decisions handed down
in those courts can be appealed to the higher
courts in the state.
The Supreme Court
• The supreme court is the state’s
highest court.
• It decides cases that come before it
on appeal or transfer from the
lower courts.
• There are seven judges on the
Chief Justice
supreme court.
• Supreme court justices are selected Mary R. Russell
for twelve-year terms according to
the provisions of the Missouri
nonpartisan plan.
The Court of Appeals
• The court of appeals is the state’s
second highest court.
• Currently, there are three districts
with court sessions held in St.
Louis, Kansas City, and
Springfield.
• The court of appeals reviews cases
on appeal from lower courts.
• Court of appeals judges serve
twelve-year terms and are selected
under the nonpartisan plan.
Circuit Courts
• The constitution grants the state circuit courts
original jurisdiction over all civil and criminal
cases.
• At the present time the state is divided into
forty-five judicial circuits.
• Each circuit must have at least one judge.
• Most circuit judges are elected by the voters in
their respective judicial circuits in the general
election.
Associate Circuit Judges
• The constitution provides that each county
shall have one or more resident associate
circuit judges.
• Associate circuit judges are assigned to hear
cases involving misdemeanors, minor civil
matters, and probate business.
• Associate circuit judges serve four-year terms.
General Qualifications for
Missouri Judges
• All supreme court, court of appeals,
circuit, and associate circuit judges must
be licensed to practice law in Missouri.
Other Courts
• In addition to the courts already
mentioned, the constitution authorizes
the General Assembly to make provisions
for municipal or city courts.
• Like all other courts in the state, the
municipal courts are subject to the
general administrative control of the
Missouri supreme court.
Flag Etiquette
How to Display the Flag
•
When the flag is displayed over the middle of the street, it should
be suspended vertically with the union to the north in an east and
west street or to the east in a north and south street.
•
The flag of the United States of America, when it is displayed with
another flag against a wall from crossed staffs, should be on the
right, the flag's own right [that means the viewer's left], and its staff
should be in front of the staff of the other flag.
•
The flag, when flown at half-staff, should be first hoisted to the
peak for an instant and then lowered to the half-staff position. The
flag should be again raised to the peak before it is lowered for the
day. By "half-staff" is meant lowering the flag to one-half the
distance between the top and bottom of the staff. Crepe streamers
may be affixed to spear heads or flagstaffs in a parade only by
order of the President of the United States.
How to Display the Flag
• When flags of States, cities, or localities, or pennants of societies
are flown on the same halyard with the flag of the United States,
the latter should always be at the peak. When the flags are flown
from adjacent staffs, the flag of the United States should be hoisted
first and lowered last. No such flag or pennant may be placed
above the flag of the United States or to the right of the flag of the
United States.
•
When the flag is suspended over a sidewalk from a rope extending
from a house to a pole at the edge of the sidewalk, the flag should
be hoisted out, union first, from the building.
• When the flag of the United States is displayed from a staff
projecting horizontally or at an angle from the window sill,
balcony, or front of a building, the union of the flag should be
placed at the peak of the staff unless the flag is at half-staff.
How to Display the Flag
•
When the flag is used to cover a casket, it should be so placed that
the union is at the head and over the left shoulder. The flag should
not be lowered into the grave or allowed to touch the ground.
•
When the flag is displayed in a manner other than by being flown
from a staff, it should be displayed flat, whether indoors or out.
When displayed either horizontally or vertically against a wall, the
union should be uppermost and to the flag's own right, that is, to
the observer's left. When displayed in a window it should be
displayed in the same way, that is with the union or blue field to the
left of the observer in the street.
•
That the flag, when carried in a procession with another flag, or
flags, should be either on the marching right; that is, the flag's own
right, or, if there is a line of other flags, in front of the center of that
line.
How to Display the Flag
• The flag of the United States of America should be at the center
and at the highest point of the group when a number of flags of
States or localities or pennants of societies are grouped and
displayed from staffs.
•
When flags of two or more nations are displayed, they are to be
flown from separate staffs of the same height. The flags should be
of approximately equal size. International usage forbids the
display of the flag of one nation above that of another nation in
time of peace.
• When displayed from a staff in a church or public auditorium on
or off a podium, the flag of the United States of America should
hold the position of superior prominence, in advance of the
audience, and in the position of honor at the clergyman's or
speaker's right as he faces the audience. Any other flag so
displayed should be placed on the left of the clergyman or speaker
(to the right of the audience).
How to Display the Flag
• When the flag is displayed on a car, the staff
shall be fixed firmly to the chassis or clamped to
the right fender.
• When hung in a window where it is viewed
from the street, place the union at the head and
over the left shoulder.