The Missouri Constitution

advertisement
American Government
Name: _________________________ Hour: _____
The Missouri Constitution
The State Constitutions
 Under the federal system, each of the 50 states has its own constitution.
 Although the state constitutions contain the same basic provisions as the United States Constitution, they often are
_________________________ than the national constitution.
 Since Missouri entered the Union in __________, it has had __________ 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 _________________________ 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
_________________________ at the time.
Missouri’s Second Constitution
 In __________ 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 supported the
_________________________ 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 _________________________ of both state and local
government
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 The 1875 Constitution had become badly outdated.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 _________________________.
 Both the _________________________ branches have been streamlined in an attempt to better serve the people.
 The _________________________ 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 _________________________ or state
powers
o _________________________ and the protection of persons or their property
o Public education
o _________________________
o Mental health
o Social welfare services
o Public health
o Construction and maintenance of _________________________
o Licensing the practice of certain professions
o Formation of corporations
o Regulating _________________________ and private property in the public interest
o 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 government must _________________________ 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 _________________________, those related to
_________________________, and those related to ensuring a _________________________ for persons accused
of violating law.
Government Principles
 The following items found in the Missouri Bill of Rights are intended to ensure the continuation of certain basic
governmental principles:
o All political power comes from _________________________
o All governments are supposed to promote the _________________________ of the people.
o All persons have the _________________________ and the law must treat everyone equally.
o All elections must be _________________________ 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 _________________________
2) Freedom of _________________________ 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 __________________________________________________ taken away without
due process of law
5) Property can be taken away from a person only for public use, 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 _________________________
6) All persons have the right to own _________________________
7) Workers have the right to organize _________________________ and to bargain collectively with their
employers.
8) All accused persons have the right to call _________________________ in their defense.
9) All accused persons are entitled to a speedy _________________________ by a jury of persons from their
community.
10) No person can be forced to testify against _________________________.
11) No person can be tried a _________________________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 _________________________ or
departments: legislative, executive and judicial.
 The _________________________ is charged with making laws.
 The _________________________ is responsible for enforcing and administrating the laws.
 The _________________________ 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
_________________________, or two-house, body consisting of a House of Representatives and a Senate.
The House of Representatives
 There are __________ members in the house, and each of them is elected for a _____-year term from one of the
state’s __________ representative districts.
 All districts must contain approximately the _________________________ 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 __________ 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 __________ year prior to their selection.
The Senate
 The Senate has __________ members elected for _____-year terms.
 Each senator represents one of the state’s __________ senatorial districts which, like the house districts, are
approximately equal in population.
 __________ of the members of the Senate are elected at the general election every _____ years.
Qualifications for a State Senator
 To be elected tot eh Missouri Senate, a person must be at least _____ years old and have been a qualified voter of
the state for _____ 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 __________ year prior to their selection.
Officers of the General Assembly
 The House of Representatives choose a _________________________ to preside over its session.
 The _________________________ is the presiding officer in the Senate, but the senators also elect a president protem 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 _________________________ 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 __________ years old and must have been a citizen of the United States for at least
__________ years and a resident of Missouri for at least __________ years immediately before his or her election.
 Missouri’s voters elect the governor for a __________ year term.
 The governor can succeed himself, but no person can be elected to serve more than __________ terms as governor.
The Governor’s Powers and Duties
 The governor appoints, with consent of the Senate, the _________________________ and members of boards and
commissions for the major administrative departments.
 The governor has the power to appoint persons to fill all vacancies in _________________________ unless the law
provides for another method of choosing a replacement.
 The governor is the _________________________ 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 can grant reprieves, __________________________________________________ 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 ____________________________ the governor must prepare and submit a
message about the _________________________ of the state government.
 The governor is charged with _________________________ to the General Assembly any measures he or she thinks
are needed.
 At any time the governor may call the General Assembly into _________________________.
 The governor is responsible for preparing the annual state _________________________.
 The governor can _________________________ 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 _________________________.
 The lieutenant governor serves as _________________________ 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 __________ year term. The lieutenant
governor is eligible for re-election.
Secretary of State – _________________________
 The secretary of state is the state’s official _________________________
 The secretary of state also serves as the state’s chief _________________________, publishes the Official Manual,
and supervises certain laws governing Missouri corporations.
 The secretary of state serves a __________ year term and may be reelected.
Treasurer – _________________________
 The treasurer is responsible for all state funds, and must keep an accurate record of all
_________________________ and moneys received and see that they are properly invested.
 The treasurer is elected for a __________ year term, but as in the case of the governor, the treasure 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 __________ additional four year term.
Auditor – _________________________
 The auditor is charged with reviewing the _________________________ of the state and its various agencies.
 The auditor must establish proper systems of accounting for public officials.
 The auditor also must conduct an _________________________ of the state treasury and audit the accounts of all
state agencies.
 An audit is an official _________________________ of accounts to verify that they are accurate.
 The auditor also has authority to conduct audits of local governments in the _________________________.
 The auditor serves a __________ year term and is eligible for reelection.
Attorney General – _________________________
 The attorney general is the state’s chief _________________________.
 Although the constitution does not define the attorney general’s duties, traditionally that office provides state
officials with legal _________________________, and its staff represents that state in court cases involving the
state.
 The attorney general is elected for a __________ year term and may be reelected.
Executive Departments
 Office of Administration __________________________________________________
 Department of Agriculture
 Department of Conservation
 Department of Revenue __________________________________________________
 Department of Highways and Transportation
 Department of Consumer Affairs, Regulation, & Licensing
 Department of Social Services
 Department of Mental Health
 Department of Elementary & Secondary Education
 Department of Higher Education
 Department of Natural Resources
 Department of Labor & Industrial Relations
 Department of Public Safety __________________________________________________
 Department of Corrections & Human Resources
The Judicial Branch (Article V)
 The judicial branch _________________________ 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 _________________________ 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 _________________________
 Criminal cases involve violations of the state’s _________________________.
 Criminal acts are often divided into two categories. Major or serious crimes such as murder, rape, or bank robbery
are classified as _________________________, while minor criminal acts such as disturbing the peace or violating a
traffic law are called _________________________.
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 __________________________________________________ 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 _________________________ court.
 It decides cases that come before it on _________________________ or transfer from the lower courts.
 There are __________ judges on the supreme court.
 Supreme court justices are selected for __________ year terms and are selected under the nonpartisan plan.
The Court of Appeals
 The court of appeal is the state’s ___________ highest court.
 Currently, there are __________ 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 the appeals judges serve _________ year terms and are selected under the nonpartisan plan.
Circuit Courts
 The constitution grants the state circuit courts _________________________ over all civil and criminal cases.
 At the present time the state is divided into _________ judicial circuits.
 Each circuit must have at least __________ 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 _________________________ resident associate circuit
judges.
 Associate circuit judges are assigned to hear cases involving misdemeanors, minor civil matters, and probate
business.
 Associate circuit judges serve __________ year terms.
General Qualifications for Missouri Judges
 All supreme court, court of appeals, circuit, and associate circuit judges must be _________________________ to
practice law in Missouri.
Other Courts
 In addition to the courts already mentioned, the constitution authorizes the General Assembly to make provisions
like _________________________ 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 is on the back of this page
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
_________________________in an east and west street or to the _________________________ in and north and
south street.
 The flag of the United States of America, when it is displayed with another flag against a wall from
_________________________, should be on the right, the flag’s own right (that means the viewer’s left), and its
staff should be in _________________________ of the staff of the other flag.
 The flag, when flown at _________________________, should be first hoisted to the peak for an instant and then
lowered to the half-staff position. The flag should be again _________________________ 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
_________________________ of the United States.
 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 _________________________. When the flags are flown from
adjacent staffs, the flag of the United States should be hoisted and lowered _________________________. 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 _________________________ from a rope extending from a house to a pole at
the edge of the sidewalk, the flag should be hoisted out, _________________________ 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
_________________________.
 When the flag is used to cover a _________________________, 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 _________________________ or allowed to
touch the _________________________.
 When the flag is displayed in the manner other than being flown from a staff, it should be displayed
_________________________, whether indoors or out. When displayed either horizontally or vertically against a
wall, the union should be uppermost and to the flag’s own _________________________, 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
_________________________ field to the left of the observer in the street.
 That the flag, when carried in a _________________________ with another flag, or flags, should be either on the
marching _________________________; that is, the flag’s own right, or, if there is a line of other flags, in front of
the center of that line.
 The flag of the United States of America should be at the _________________________ 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
_________________________. The flags should be of approximately _________________________. International
usage forbids the display of the flag of one nation _________________________that of another nation in times 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 _________________________ 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).
 When the flag is displayed on a _________________________, the staff shall be fixed firmly to the
_________________________ or clamped to the right _________________________.
Download