THE MISSOURI CONSTITUTION
While all state constitutions must guarantee a
republican form of government, few other requirements
are placed on state governments. However, most states
use the National Government as a blueprint for its state
government. Missouri is no exception. We have three
branches of government – legislative, executive, and
judicial – (talked about later), a system of checks and
balances, as well as a method by which the structure of
our state government can be altered. Since Missouri
first became a state in 1821 it has had four different
constitutions, adopted in 1820, 1865, 1875, and 1945.
As the state changed and as demands on the
government grew, the structure of state government
needed to be adjusted.
Missouri's First Constitution
The 1820 Constitution had to be presented to the
U.S. Congress before Missouri could be admitted as a
state. It was general and brief, providing for a
bicameral (two-house) legislature and a governor and
lieutenant governor elected by popular vote. The
governor appointed all other state officers. Only the
legislature could amend the constitution.
Constitutions of 1865 and 1875
The deep divisions that erupted during the Civil
War help explain the constitutions of 1865 and 1875.
The 1865 Constitution was strongly anti-Confederate
in tone, restricting the right to vote to those loyal to the
Union during the war. It also required that all
constitutional amendments be ratified by popular vote.
Due to strong southern sympathies in Missouri,
however, the 1865 Constitution was replaced only a
decade later. The 1875 Constitution was longer than
the two earlier versions, detailing a number of
restrictions on the legislature. It also established a
process for managing state finances and dealing with
corporations. Over the next 70 years, the 1875
Constitution was amended 173 times to adapt to the
many changes in the state.
The Current State Constitution
In 1945, the current state constitution replaced the
constitution of 1875. This constitution, which includes
a bill of rights, is the longest to date, containing 13
articles. It deals with a wide variety of subjects such as
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local government, suffrage and elections, education,
taxation, and public employees.
Amending the Constitution
There are three ways to amend or change Missouri's
current constitution:
proposal, initiative, or
convention.
By Proposal
The General Assembly may, at any time propose an
amendment by joint resolution. A majority in each
house must agree to such a proposal. The proposal
must then be ratified, or approved, by a simple majority
of voters in a popular election. (This election can be
either on the next general election in November, or an
earlier election specially called by the Governor.)
By Popular Initiative
An amendment can be proposed through an
initiative petition. This process requires a certain
number of voters to sign the amendment petition. The
petitions must then be filed with the secretary of state
at least 4 months before an election. Amendments
proposed by popular initiative may be ratified by a
simple majority of votes cast in a popular election
(either a general election in November, or one specially
called by the governor).
By Constitutional Convention
Every 20 years the people can vote to have a
constitutional convention (the next time will be 2022).
Three to six months after they do so, voters then elect
delegates to the convention. Within six months, the
delegates meet at the convention to decide on all terms
of the new amendments. They also make arrangements
for submitting the amendments to the people. The
people vote on the new amendments from two to six
months after the delegates adjourn the convention.
The Missouri Constitution is much longer and more
detailed than the U.S. Constitution. Why? Specific
rights are spelled out in the state’s bill of rights.
Matters reserved to the state must be detailed. Missouri
also includes many provisions which could be dealt
with by statutory laws.