Eleanor Finch
The Missouri Constitution is the supreme law that outlines the government and law of the state of Missouri. It is subject only to the federal Constitution and the people of Missouri. The current Missouri Constitution, which was adopted in 1945, is the state's fourth constitution. The US Constitution, on the other hand, is the first and only version. While both constitutions start with a preamble and contain a Bill of Rights, they differ in their level of detail and focus. The US Constitution is more detailed and focuses on the workings and rights under the federal government, while the Missouri Constitution is more explicit in its provisions and focuses on state governance.
| Characteristics | Values |
|---|---|
| Number of versions | The US Constitution has 1 version, while Missouri is on its fourth. |
| Amendments | The US Constitution has 27 amendments, while Missouri has had at least 119. |
| Ratification | The US Constitution was ratified by state legislatures, while Missouri's was ratified by voters. |
| Control | The US Constitution is controlled by the federal government, while Missouri's is controlled by the votes of its people. |
| Level of detail | The US Constitution is more detailed, with a larger focus on national government and rights. |
| Exclusivity | The US Constitution applies to all US citizens, while Missouri's applies only to the state of Missouri. |
| Bill of Rights | The US Constitution's Bill of Rights has 10 amendments, while Missouri's has 34 sections. |
| Branches of government | Both constitutions have executive, judicial, and legislative branches. |
| Local government | The Missouri Constitution details the organization of local governments, which the US Constitution does not. |
| Taxation | The Missouri Constitution has highly detailed taxation provisions, which the US Constitution does not. |
| Crime victims' rights | The Missouri Constitution guarantees certain rights to crime victims, which the US Constitution does not. |
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What You'll Learn
The Missouri Constitution is amended by popular vote
The Missouri Constitution is the supreme law that outlines the rules, powers, structure, and limitations of the state government, individual and civil rights, and other matters. It is subject only to the federal Constitution and the people. The Missouri Constitution is unique and more explicit than its federal counterpart in several ways. For instance, it guarantees certain rights to crime victims, which the federal constitution does not.
The Missouri Constitution is also distinct from the US Constitution in that it is amended by popular vote. The people of Missouri have the power to initiate changes to their state's constitution. If an individual or group of citizens wants to amend the Missouri Constitution, they must gather enough voter support for their proposed change. This can be achieved through a citizen-initiated process or by influencing the legislative process. The proposed amendment is then put to a vote, and if more than half of the voters agree, the constitution is amended. This direct democracy approach empowers Missourians to shape their state's laws and adapt them to the needs of modern society.
The Missouri Constitution has a provision, Article XII, specifically dedicated to the process of amending the constitution. This article consists of six sections, outlining different paths for initiating amendments, including the citizen-initiated process, the legislative process, and a state constitutional convention. The legislative process involves the Missouri General Assembly, which consists of the Senate and the House of Representatives. For the General Assembly to propose a change, more than half of the senators and half of the representatives must support the amendment before putting it to a statewide vote.
In addition to these paths, Missourians also have the option to call for a new constitutional convention every 20 years through an automatic referendum. This referendum has appeared on the ballot in 1962, 1982, 2002, and 2022, and will appear again in 2042. However, these referendums to convene a constitutional convention have not passed, indicating the people's preference to amend the constitution through the other available processes.
The Missouri Constitution has undergone numerous amendments over time. Since 1945, there have been at least 119 amendments, with some being controversial and high-profile, such as legalizing commercial gambling, allowing human embryo research, and prohibiting same-sex marriage. These amendments demonstrate the dynamic nature of Missouri's constitution and the people's active role in shaping their state's laws.
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The US Constitution is amended by elected representatives
The US Constitution is the supreme law that lays down the framework for the US government. It was written in 1787 and has been amended 27 times since. The US Constitution is amended by elected representatives, a method of indirect democracy. Amendments to the US Constitution are initiated by a two-thirds vote in each house of Congress and are then ratified by the legislatures of three-fourths of the states (38 out of 50 states). The President does not have a constitutional role in the amendment process.
The process of amending the US Constitution is a lengthy and challenging one. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, in practice, all 27 amendments to the Constitution have been proposed by Congress. Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The OFR, a part of NARA, adds legislative history notes and publishes the amendment in slip law format. After this, the OFR assembles an information package for the states, which includes formal copies of the joint resolution and other relevant documents. The amendment becomes part of the Constitution once it is ratified by three-fourths of the states.
The Missouri Constitution, on the other hand, is the state constitution of Missouri and is subject to the federal Constitution. Missouri has had four constitutions in its history, with the current one being adopted in 1945. The Missouri Constitution is more explicit than the US Constitution and provides for a three-branch government: legislative (the Missouri General Assembly), executive (the Governor of Missouri), and judicial (the Supreme Court of Missouri). It also sets up local governments in the form of counties and cities. Amendments to the Missouri Constitution can be proposed by the General Assembly, with more than half of the senators and representatives supporting the change. The amendment is then voted on by all the voters of Missouri, and it is adopted if more than half of the voters agree to it. In recent years, some of these amendments have been controversial, such as the one legalizing commercial gambling in 1993 and the English-only amendment in 2008.
While the US Constitution has remained largely unchanged, with only 27 amendments in over 200 years, the Missouri Constitution has had at least 119 amendments since 1945. This difference highlights the dynamic nature of state constitutions, which can be more easily amended to adapt to the changing needs of modern society.
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The Missouri Constitution is more explicit
The Missouri Constitution is the supreme law that outlines the law and government of Missouri, subject only to the federal Constitution and the people. It is more explicit than the US Constitution, detailing the organisation of local governments, from counties and cities to school districts and sewer districts, and its taxation provisions are highly detailed. The Missouri Constitution also goes further in its guarantees to its citizens, for example, by granting certain rights to crime victims, which the federal constitution does not.
The Missouri Constitution is created in accordance with the federal constitution, which empowers states to shape their own constitutions, as long as they do not limit the rights that the US Constitution guarantees to citizens. The Missouri Constitution is the fourth and current version, adopted in 1945, and it provides for three branches of government: legislative (the Missouri General Assembly), executive (the Governor of Missouri), and judicial (the Supreme Court of Missouri). The legislative branch is split into the Senate and the House of Representatives, with senators and representatives chosen by voters in elections. The executive branch is run by the Governor, who is also elected by Missouri voters and serves a four-year term. The judicial branch is made up of judges who serve on different courts, such as the Supreme Court of Missouri, Missouri Courts of Appeals, and Circuit Courts.
The Missouri Constitution has a Bill of Rights that gives the people of Missouri important freedoms, such as the right to speak and the right to practice religion. Amendments to the Missouri Constitution can be made through three paths: a citizen-initiated process, a legislative process, and a state constitutional convention. A simple majority vote is required for the Missouri General Assembly to place a constitutional amendment on the ballot, and amendments do not require the governor's signature to be referred to the ballot. The Missouri Constitution can be changed if more than half of the voters agree to the change.
The Missouri Constitution has had at least 119 amendments since 1945, with four of the most recent amendments approved in 2024. Some of these amendments have been controversial, such as legalising commercial gambling in 1993, allowing the production of human embryos for stem cell research in 2006, and an English-only amendment in 2008. The Missouri Constitution also has a unique feature where the people of Missouri are given the option to call a new constitutional convention every 20 years through an automatic referendum. This has been voted on in 1962, 1982, 2002, and 2022, but the referendums have not passed.
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The US Constitution is more detailed
On the other hand, the Missouri Constitution is more explicit in some areas, such as the organization of local governments, from counties and cities to school districts and sewer districts, and its taxation provisions. Missouri also goes further in its guarantees to its citizens, for example, by granting certain rights to crime victims, which the federal constitution does not. The Missouri Constitution is also more flexible and can be changed if more than half of the voters agree to the proposed change. Since 1945, there have been at least 119 amendments made to the Missouri Constitution.
The US Constitution was first drafted in 1787 and was a few thousand words long. The Missouri Constitution, on the other hand, was first drafted in 1820 in just 38 days. It was written as a result of the Missouri Compromise, which admitted Missouri to the Union as a slave state, with an "exclusion clause" that specifically excluded "free negroes and mulattoes" from the state. This initial constitution lasted until the end of the Civil War, after which Missouri adopted new constitutions in 1865, 1875, and 1943-1944. The current Missouri Constitution, adopted in 1945, is the state's fourth constitution and provides for three branches of government: legislative, executive, and judicial.
While the US Constitution is a federal document that applies to all states, the Missouri Constitution is a state-level document that is subject to the federal Constitution. The US Constitution is also studied on Constitution Day, a celebration honoring the document's anniversary. However, the Missouri Constitution is equally worthy of study and celebration, as it is the supreme law that formulates the law and government of Missouri.
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Both constitutions have a Bill of Rights
The US Constitution and the Missouri Constitution are two separate documents, with the former being the supreme law at the federal level, and the latter being the supreme law at the state level. The US Constitution, the country's first and only constitution, was adopted in 1787, while Missouri is currently on its fourth constitution, which was adopted in 1945.
The Missouri Constitution's Bill of Rights also grants important freedoms to the people of Missouri, including the right to speak, the right to practice religion, the right to bear arms, and the right to farm. One notable difference between the two Bills of Rights is that Missouri's constitution guarantees certain rights to crime victims, whereas the federal constitution does not.
The process of amending the two documents differs as well. Amendments to the US Constitution are proposed by a two-thirds vote in each house of Congress and then ratified by the legislatures of three-fourths of the states. On the other hand, amendments to the Missouri Constitution can be suggested by the General Assembly or the people of Missouri. For the General Assembly to propose a change, more than half of the senators and representatives must support it before putting it to a vote. Amendments to the Missouri Constitution require the approval of more than half of the voters.
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Frequently asked questions
Both the Missouri and US Constitution start with a preamble explaining the people's rights and guidelines on how the government will be run. Both constitutions also contain a Bill of Rights, and cover the same ideas, including bills, taxes, and powers.
The US Constitution is more detailed than the Missouri Constitution, with a larger focus on the workings and rights under the US government, rather than a state government. The US Constitution is also amended by a method of indirect democracy, whereas the Missouri Constitution is controlled directly by the votes of its people.
The Missouri Constitution can be changed if more than half of the voters agree to the change. Every 20 years, Missourians are given the option to call a new constitutional convention through an automatic referendum.
