Missouri’s Constitution
ARTICLE I BILL OF RIGHTS
CONSTITUTION OF THE
STATE OF MISSOURI
Bill of Rights
In order to assert our rights, acknowledge
our duties, and proclaim the principles on
which our government is founded, we
declare:
Sec. 1. That all political power is vested
in and derived from the people; that all
government of right originates from
the people, is founded upon their will
only, and is instituted solely for the good of
the whole.
Popular Sovereignty
How is Our State’s
Government Organized?

3 Branches

Legislative
• General Assembly

Executive
• Governor & Lieutenant Governor
• Other Executive Branch Officials

Judicial
• Supreme Court
• Lower appellate and trial courts

Rules for all Missouri Officials
• Pay your taxes
• No felonies
• No election shenanigans
The General Assembly

Consists of Two Chambers

House of Representatives
• 163 Members

Senate
• 34 Members



General Assembly meets on the first Wednesday after the
first Monday in January following each general election.
Sessions typically last till May.
3/4 of the members of both houses may vote to convene
the General Assembly in special session.
House of Representatives

163 members
 Members
must be
 24
years of age
 Voter for 2 years
 Dist. resident for 1 year
 Serve
a 2 year term
 8 year term limit
Stacey
Newman,
District 73,
Democrat
Missouri House of Representatives
Districts from 2010 Census
Several years ago in the 150th district, you could have vote for this guy!
St. Louis & K.C. House Districts
Interactive Link
CHS House Districts
Representative Stacey
Newman, 73
Senate


34 members
Members must be





30 years of age
Voter for 3 years
Resident for 1 year
Serve a 4 year term
8 year term limit
John Lamping
District 24Republican
Missouri Senate Districts, 2010 Census
CHS Senate Districts
Senator John Lamping
How Bills Are Passed





What kinds of bills do they consider?
Following the bill’s passage by both House and
Senate bill it is presented to Governor.
Within 15 Days Governor must return bill with
signed approval or objections.
Bills approved by the Governor become law.
If the Governor fails to return a bill within the
time limits the bill becomes law.
The Initiative

The people can propose new laws


Don’t need action by Gen. Assy. or Gov.
How does it work?



To propose an amendment to the Constitution a
petition must be signed by 8% of the voters in each
2/3 of the state’s 9 congressional districts.
Petitions proposing new laws need signatures of
5% of such voters.
Petitions must be filed with the Secretary of State at
least 4 months before the next election.
Referendum

The people can block new laws from
going into effect if . . .
Petitions signed by 5% of the voters in 2/3 of
the congressional districts in the state, or
 General Assembly directs it. Any measure
referred to the people shall take effect when
approved by a majority of the votes cast.
 Majority of the voters in next election decide.

A Commercial Break…

Bear With It
Did you know that Missouri’s flag has two grizzly
bears, symbols of citizens’ bravery and strength?
But grizzlies have never actually lived in Missouri.
MISSOURI STATE GOVERNMENT
ORGANIZATION CHART
Executive Branch

Governor

Has state’s supreme executive power
• Appoints department heads with Senate approval

Qualifications
•
•
•
•
At least 30 years of age
Citizen of the U.S. for at least 15 years
Resident of Missouri for at least 10 years
Can’t serve more than two terms.
Governor’s Powers

Commander in chief of our national guard



But not when it is called into the service of the U.S.
May call it out to execute the laws, suppress
insurrections, and repel invasion.
Judicial powers

Can grant:
• Reprieves, commutations and pardons (but not parole)
for all offenses except treason and in cases of
impeachment.
• Can appoint all appellate judges and some lower judges.
Governor’s Powers cont.

Legislative Powers



Gives General Assembly information about the state
of the government and makes recommendations.
Spending Recommendations = Balanced Budget
On extraordinary occasions can convene the
General Assembly
• Must state specifically each matter on which action is
deemed necessary.
Executive Departments








Revenue
Highways and Transportation
Agriculture
Economic Development
Insurance
Social Services
Mental Health
Conservation







Governor Appoints
Department Heads with
Senate Approval

Natural Resources
Public Safety
Labor and Industrial
Relations
Office of Administration
Elementary &
Secondary Education
Higher Education
Corrections
Health & Senior
Services
The Money
How is Missouri doing?
•Unemployment in MO – 7.2% as of July 2012
•In 2010, median household income in MO - $46,184 ($4,727 less
than it was in 2010 when adjusted for inflation.)
•In 2011, 433,899 MO families received Food Stamps
(Supplemental Nutrition Assistance), an increase of 134,509
families since 2007, or 45% increase.
•In 2010, 14% of MO population was not covered by health
insurance
What Poverty Means in 2012
The U.S. Department of Health and Human Services
Official Poverty Measurement in 2012 is:
•$11,170 for an individual
•$15,130 for a family of two
•$19,090 for a family of three; and
•$23,050 for a family of four
Missouri is a low tax state
With a per
capita 2012
state tax
collection of
$1583.28 per
Missourian,
we rank 49th
out of 50.
Missouri State Taxes
• Missouri ranked 48th lowest in the nation for per capita (per
person) state taxes collected at $2,638 in 2008. The National
Average was $3,515 per capita.
•In 2009, Missouri ranked 24th for individual income tax at
$797 per capita compared to the national average of $83 per
capita.
•In 2009, Missouri ranked 45th lowest for corporate income tax
at $47 per capita compared to the national average of $132 per
capita.
•In 2009, Missouri ranked 42nd lowest for general revenue
sales tax at $506 per capita compared to the national average of
$743
Missouri Spending on Services
• Missouri ranked 36th lowest in the nation on per
capita state and local investment in Elementary &
Secondary Education.
•Missouri ranked 39th lowest in the nation on per
capita state and local investments in Higher
Education.
•Missouri ranked 47th lowest for state and local
spending per capita on Corrections.
Missouri Tax Revenue Sources: 2008
Missouri Revenue--All Sources: 2008
Total State Revenue = $22,953,756,503
Missouri Tax Revenue: 2009
Total State Revenue = $22,953,756,503
Missouri’s Total Revenues
Tax Collection by Total Taxes
Missouri State Government Budget: 2009
Notice this piece!
Missouri Expenditures
State and Local Spending for Missouri,
2013
Missouri GDP
Other Executive Branch Officials
Lieutenant Governor
 Secretary of State
 State Auditor
 State Treasurer
 Attorney General

What do they do?

Lieutenant Governor
Same qualifications as the governor
 President Ex Officio of the Senate*.
 May debate all questions in Senate
 Votes to break ties in the Senate
 Acts acts Governor during absences

*Not the most powerful member of Senate, however.
Peter Kinder
Order of Succession

If the Governor dies, is convicted,
impeached or resigns, then

the Lieutenant Governor shall become
governor for the remainder of the term.
If there is no Lt. Governor

Then
 President
Pro Tem of the Senate
 Speaker of the House
 Secretary of State
 State Auditor
 State Treasurer
 Attorney General
State Auditor

Official Duties

Oh, my! That’s
Emilee Schweich
and her dad, Tom!!




Tax Payers’ Watchdog
Establishes systems of accounting for
all public officials of the state
Inspect the finances of all state
agencies, boards, and official groups.
Audit the Treasury at least once
annually
Make all other audits and investigations
required by law (county and city audits).
Secretary of State

Official Duties
In charge of elections
 Custodian of the Seal of the State
 Keeps a register of official acts of the
Governor.
 Maintains records of corporations and
businesses registered in Missouri

Robin Carnahan
State Treasurer

Official Duties
Manages the state’s money.
 Custodian of all state funds and funds
received from the US government.
 Manages the Unclaimed Property Fund

Clint Zweifel
Attorney General

State’s Chief Legal Officer
Acts as attorney for the state and its
agencies
 Represents Missouri in all criminal appeals
 Protects against consumer fraud
 Must be an attorney and reside in Jefferson
City while in office

Chris Koster
When are they elected?
Governor*, Lt. Governor, Secretary of
State, State Treasurer* and Attorney
General are elected at presidential
elections for four years terms.
 State Auditor is elected to a four year
term in off year general elections

*Can’t be elected more than two times.
Who Gets to Vote
for These People?
Who can register to vote in Missouri?
U.S. Citizens residing in Missouri must register in order to vote. Any U.S.
citizen 17 years and 6 months of age or older may register and vote except:
•A person who is adjudged incapacitated
•A person who is confined under sentence of imprisonment
•A person who is on probation or parole after conviction of a felony
until finally discharged
•A person after conviction of a felony or misdemeanor connected with
the right of suffrage
How and where do
Missourians register to vote?

Qualified citizens may register in person at the
office of their local election authority, by mail, at
the driver's license office or at participating state
agencies.

YOU CAN REGISTER




Driver’s License Office
County Court House
St. Louis City/County Bd. Of Election Commrs.
By mail
http://www.sos.mo.gov/elections/goVoteMissouri/regist
er.aspx
What forms of ID are acceptable?

Identification issued by






The state of Missouri (e.g. driver’s or non driver’s
license)
The United States Government (e.g. Passport or
Veterans card)
An institution of higher education located within the
state of Missouri (e.g. Mizzou card)
A copy of a current utility bill, bank statement,
paycheck, government check, or other government
document that contains the name and address of the
voter.
Driver’s license or state ID card issued by another state
Which of the above can clearly show that the
individual is who he/she claims to be?
What if I don’t have any proper
identification?

Pursuant to Section 115.427, RSMo:
If you do not possess any of these forms of
identification, you may still cast a ballot if
two supervisors, one from each political
party, attest they know you.
When do Missourians register?

New Missouri residents may register immediately.
BUT: The deadline for registration is the fourth
Wednesday prior to an election.

Official election dates in Missouri:




General Municipal Election Day: 1st Tuesday after the first
Monday in April each year.
Primary Election Day: 1st Tuesday after the first Monday in
August in even-numbered years.
General Election Day: 1st Tuesday after the first Monday in
November of even-numbered years.
Voting
•
You may be directed to vote in a
•
•
•
•
School
Government Building
Church???
Curbside for a mobility disability
• Absentee
•
•
Voting is Secret
Missourians do not register their party affiliation. At
primary elections voters choose which "established
party"ballot they wish to vote.
•
•
Can get non-partisan ballot for “issues”
Party nominees and independent candidates are then
listed on the general election ballot.
How Missourians Vote . . .
Voter Fraud Cases
Click for State-by-State List
Request for
Absentee
Ballot
Missouri Voter's Bill of Rights
As a registered voter in Missouri you have
the right to . . .
1.
2.
3.
4.
5.
Cast your ballot free from interference in a private and secret manner
unless assistance is requested.
View written instructions on how to obtain a ballot for voting, how to
vote and prepare the ballot for deposit in the ballot box.
Ask for and receive further instructions from election judges concerning
the manner of voting;
View a sample ballot in the polling place before voting.
Cast a vote if you are in line before the polls are closed at 7:00 PM.
Voter's Bill of Rights Cont.
6.
7.
8.
9.
10.
11.
Ask to have the election judges or person of your choice assist you in
voting if you cannot read, are blind, or have any other physical
disability and cannot vote your ballot; request curbside voting or a
more accessible polling location if needed.
Receive another ballot if your ballot is accidentally spoiled or you make
an error.
Vote on statewide candidates and issues and federal candidates by
provisional ballot if the election judges or the election authority cannot
determine your registration status.
Vote by absentee ballot when permitted by law.
Verify that the choices you made on the screen match the attached
voter verifiable paper audit trail if you vote on a "touch screen" system;
and
File a grievance with the Secretary of State's office if your rights under
the Help America Vote Act, Title III, have been violated.
Electioneering and Posting
Signs at Polling Places
Section 115.637 (18) RSMo prohibits
electioneering, distributing election
literature and posting signs within 25 feet
of a polling place’s outer door.
 Violation is a Class 4 Election Offense
and punishable by imprisonment up to
one year and/or a fine up to $2,500.

ARTICLE I BILL OF RIGHTS GUARANTEES
CONSTITUTION OF THE
STATE OF MISSOURI
Bill of Rights
In order to assert our rights, acknowledge
our duties, and proclaim the principles on
which our government is founded, we
declare:
Sec. 1. That all political power is vested in
and derived from the people; that all
government of right originates from the
people, is founded upon their will only, and
is instituted solely for the good of the whole.
Rights Guaranteed to Missourians

Freedom of Religion

What are the limits?
• Does not excuse acts of licentiousness, nor to justify practices
inconsistent with the good order, peace or safety of the state, or
with the rights of others.

Search Warrants

Must include?
• A description of the place to be searched, or the person or thing
to be seized
• Probable cause (supported by written oath or affirmation)

Rights of Persons Accused of Crimes
1.
2.
3.
4.
5.
6.
7.
right to appear and defend--in person and by counsel
to demand the nature and cause of the accusation
to meet witnesses face to face
process to compel the attendance of witnesses in his behalf
(subpoena power)
speedy public trial
impartial jury of the county
presumption of innocence

No self-incrimination
No double jeopardy

Bail Guaranteed—unless?






Some capital offenses
Flight risk
Defendant poses a danger
No excessive bail or cruel & unusual punishments
Right to trial by jury

Criminal vs. Civil
• 12-0
• 9-3
What is a Grand Jury? Treason?

12 members
• True Bill (9 required)
• Can investigate officials
• Not required for all felony charges (The Information)

Treason


Consists only in levying war or in adhering to Missouri’s enemies,
giving them aid and comfort;
No person can be convicted of treason, unless
• Testimony of two witnesses to the same overt act, or
• Confession in open court

Also



No Attainder by General Assembly
No corruption of the blood
No penalty for suicide
No person shall be deprived of . . .
property without due process of law.

Eminent Domain

“Taking” must be for public use
• Today’s debate is over public vs. private use
• Kelo v. City of New London
• Centene

Jury trial as to “just compensation”
You Be the Judge

The following cases are all real cases that
were decided by the Missouri Supreme
Court…
Case #1
The case of the bad driver
A driver and his wife were on a highway in
northern Missouri.
 They saw a check-point ahead and the
husband quickly switched places with his
wife so she sat behind the wheel when
the officer stopped them.
 The Officer saw them switch drivers.
 The man was driving with a suspended
Iowa license.

Section 302.321.1

Driving Under a Revoked License:
A person commits the crime of driving while
revoked if he operates a motor vehicle on a
highway when his license or driving privilege
has been cancelled, suspended or revoked
under the laws of this state, and. . .
Note: The man was convicted under this Missouri Law.
He appealed. His case went to the MO Supreme Court.
Was he wrongfully convicted?
Answer next slide
7-0 The driver was wrongfully
convicted!

The law states “this” state which refers to
Missouri, not Iowa.

The law is not ambiguous so the Court does not
look into the legislature’s intent nor does the
Court instruct the legislature to change the
statute’s wording. It is hard to write a perfect
law!
The Court may use the “Rules of Statutory
Construction” to assist in interpreting the
language of a law.

The case of teachers and collective
bargaining rights in Missouri?
Case #2
Article I Section 29

Provides the Rights of Organized Labor
and Collective Bargaining:
That all employees shall have the right to
organize and to bargain collectively through
representatives of their own choosing.
Background:
The Court’s decision in 1947 and another
in 1982 both ruled that this law only
applies to private employees, not public.
 So the MO Supreme Court went back to
the Constitutional Convention of 1945
notes (when the MO Constitution was rewritten) to
determine intent.

Answer next slide
5-2 The law applies to ALL
employees!

Five members of the Court decided to
break with precedent.
The case of divorced dad and
college tuition
Case #3
Who has to pay for college?
Divorced mother filed a motion to modify
the father’s child support payments in
order to raise sums to pay for child’s
college expenses.
 Father filed counter-motion asking to
terminate all his obligations to pay.

Section 452.340
In a proceeding for the dissolution of
marriage or child support, the court may
order either or both parents…to pay an
amount reasonable or necessary for the
support of the child, after considering all
relevant factors including…The child’s
educational needs.
14th Amendment to the U.S.
Constitution
Section 1. … No state shall…deny to any
person within its jurisdiction the equal
protection of the laws.
Is this divorced father being treated
differently than married fathers?
Do parents have a fundamental right to
refuse to educate their children in
college? If yes, then so do unmarried
parents. Is he treated unequally?
 Because a divorced father is not part of a
suspect classification (like race), the
Court must only apply the “rational basis”
test, not strict scrutiny.

What do you think???

Is this law rationally related to a legitimate
state interest which is having students
attend college?
Answer next slide
Court’s Decision…
The father was treated unfairly! The state
of Missouri has a legitimate state interest
in students attending college.
 The Court’s decision was that parents
have a fundamental duty to give their
children a college education.
 Do you agree with this decision??

The End . . .
Where the $$ Come From
Where Our Money Comes From
Where Your Money Goes
0%
0%
0%
1%
1%
1%
25%
D ebt Payments
Educati on
31%
H ig her Education
R evenue
Transportati on
Admi nistration Offi ce
Empl oyee Benefits
Ag ricul tur e
N atural R esources
C onservation
Economi c D evel opment
Insurance
Labor
Publi c Safety
C orrections
5%
Mental Heal th
H ealth
Social Services
Elected Offici als
Judi ciary
2%
Publi c D efender
General Assembl y
Buil ding Rent
4%
9%
5%
1%
3%
4%
2%
0%
1%
2%
0%
1%
1%
Missouri Budget for Fiscal Year 2007
ALL FUNDS includes state taxes, federal funds, gambling,
revenue, ear-marked taxes and fees.
Source: The Office of Administration & House Staff
0%
0%
0%
1%
1%
1%
25%
D ebt Payments
Educati on
31%
H ig her Education
R evenue
Transportati on
Admi nistration Offi ce
Empl oyee Benefits
Ag ricul tur e
N atural R esources
C onservation
Economi c D evel opment
Insurance
Labor
Publi c Safety
C orrections
5%
Mental Heal th
H ealth
Social Services
Elected Offici als
Judi ciary
2%
Publi c D efender
General Assembl y
Buil ding Rent
4%
9%
5%
1%
3%
4%
2%
0%
1%
2%
0%
1%
1%
Missouri Budget for Fiscal Year 2007
Mi ssouri Budget for Fiscal Year 2007
0%
0%
0%
1%
1%
1%
25 %
Deb tPayme nts
31 %
Ed uca tion
Highe r Ed uca tio n
Rev enu e
Tr ans por tation
Ad min istration O fice
Emp lo yee Bene fits
Ag ricu ltur e
Natur al Res our ces
Con ser vation
5%
Ec ono mic D eve lo pmen t
Insu ra nce
La bor
Pu blic Safety
2%
Cor re ctions
Men ta lHe alth
4%
Hea lth
So cial Ser vices
9%
5%
Elec te d Offic ia ls
Ju diciar y
1%
3%
4%
2%
0%
1%
Pu blic Defend er
Gen er alAsse mbly
Bu ildin g Rent
2%
0%
1%
1%
ALL FUNDS includes state taxes, federal funds, gambling, revenue, ear-marked taxes and
fees.
Source: The Office of Administration & House Staff
0%
0%
0%
1%
1%
1%
25%
D ebt Payments
Educati on
31%
H ig her Education
R evenue
Transportati on
Admi nistration Offi ce
Empl oyee Benefits
Ag ricul tur e
N atural R esources
C onservation
Economi c D evel opment
Insurance
Labor
Publi c Safety
C orrections
5%
Mental Heal th
H ealth
Social Services
Elected Offici als
Judi ciary
2%
Publi c D efender
General Assembl y
Buil ding Rent
4%
9%
5%
1%
3%
4%
2%
0%
1%
2%
0%
1%
1%
Missouri Budget for Fiscal Year 2007
Missouri Senate Districts
from 2000 Census
Where Our Money Comes From
Missouri General Revenues 2006
4%
1%
5%
Individual Income
Sales & Use Tax
Corpora te
Income/Franchise Tax
29%
61%
Liquor & Beer Tax
Other Sources
Where Your Money Goes
Missouri Expenditures 2006
Elementary and
Secondary Education
20%
26%
Higher Education
Human Services
2%
5%
6%
Corrections & Public
Safety
Conservation & Natural
Resources
41%
All Others
If you lived in the 150th District you
could’ve voted for Chief Wana Dubie
Comparing MO to Other States
 44th lowest for State Spending Per Capita
 46th lowest for State and Local
Capita
Spending Per
 39th lowest for Per Pupil Expenditures in
Public Schools
 46th Lowest Nationally for
K-12
Per Capita spending on
Higher Education
 One of the lowest eligibility levels for Health Care
assistance for parents
Statistics from Morgan Quitno State Rankings