Missouri Constitution: Legislative Amendments Without Voter Approval?

can legislature amend missouri constitution without voter approval

The Missouri Constitution can be amended through three methods: a citizen-initiated process, a legislative process, and a state constitutional convention. The Missouri Constitution has been amended several times since its adoption in 1945, and the process of amending it has been a topic of debate in recent years. While some Republican lawmakers have sought to make it more difficult to amend the constitution by increasing the required majority threshold, others have argued that citizens should be able to participate in democracy through the initiative petition process. This topic has also been discussed in the context of the 100th anniversary of a constitutional amendment that eliminated non-citizen voting in Missouri.

Characteristics Values
Number of ways to propose an amendment 3
Ways to propose an amendment Citizen-initiated process, legislative process, and state constitutional convention
Number of signatures required for an initiated constitutional amendment Equal to 8% of the gubernatorial vote in two-thirds of Missouri's congressional districts
Minimum number of signatures required for proposed amendments in the initiative petition process 171,592
Previous threshold for passing an amendment Simple majority
New threshold for passing an amendment 60%
Number of times Missouri's constitution has been amended 4
Current Missouri constitution adopted 1945
Number of times Missourians have been asked if they want to revise the constitution 3
Number of times Missourians have rejected the proposal to revise the constitution 3

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Missouri constitution amendment methods

The Missouri Constitution has been amended 126 times and outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The current constitution, which was adopted in 1945, is the state's fourth constitution.

The Missouri Constitution can be amended in three ways: a citizen-initiated process, a legislative process, and a state constitutional convention.

Citizen-Initiated Process

The Missouri Constitution allows citizens to initiate legislation as either state statutes or constitutional amendments. This is known as an "initiated constitutional amendment" and requires signatures from at least two-thirds of Missouri's congressional districts, which must be equal to 8% of the gubernatorial vote. A simple majority vote is required for voter approval. However, in 2023, there were proposals to increase the threshold to 60% or a two-thirds majority.

Legislative Process

The Missouri General Assembly can place a constitutional amendment on the ballot with a simple majority vote during one legislative session. This requires a minimum of 82 votes in the Missouri House of Representatives and 18 votes in the Missouri State Senate, assuming no vacancies. Amendments via this method do not require the governor's signature.

State Constitutional Convention

Every 20 years, starting in 1942, Missouri voters are asked if they would like to convene a constitutional convention to revise the constitution. If a majority of voters approve, a question about holding a state constitutional convention will automatically appear on the state's ballot. However, in each instance, voters have rejected the proposal.

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Citizen-initiated amendments

The Missouri Constitution can be amended via three different paths: a citizen-initiated process, a legislative process, and a state constitutional convention. Citizen-initiated amendments allow citizens to initiate legislation as either state statutes or constitutional amendments.

To get a citizen-initiated amendment on the ballot, proponents must collect a certain number of signatures. The number of signatures required for an initiated constitutional amendment is based on the number of votes cast for governor in the state's most recent gubernatorial election. In two-thirds of Missouri's congressional districts, proponents must collect signatures equal to 8% of the gubernatorial vote for initiated constitutional amendments. Currently, at least 171,592 signatures are required for proposed amendments in the initiative petition process to get on the ballot.

Once an amendment is on the ballot, a simple majority vote is required for voter approval. However, the Missouri House recently passed legislation to increase the threshold to pass an initiated constitutional amendment from a simple majority to 60%. This legislation also requires the secretary of state to provide a period in each congressional district to review and comment on the proposed constitutional amendments.

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Legislative-referred amendments

The Missouri Constitution is the state constitution of the U.S. State of Missouri. It is the supreme law that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The Missouri Constitution can be amended via three different paths: a citizen-initiated process, a legislative process, and a state constitutional convention.

The Missouri Constitution has undergone several amendments through the legislative process. Some notable examples include the legalization of commercial gambling in 1993, the approval of human embryo research for stem cell purposes in 2006 (Amendment 2), and the legalization of medical marijuana in 2018. These amendments reflect the changing social and cultural landscape of Missouri and the United States as a whole.

It is worth noting that there have been discussions and attempts to change the requirements for amending the Missouri Constitution. In recent years, some Republican lawmakers have expressed a desire to make it more difficult to amend the constitution through the initiative process. They argue that the length of the constitution is becoming problematic with each new amendment. On the other hand, opponents defend the citizen-initiated process as a vital tool for citizens to participate in democracy directly.

While the current threshold for amending the Missouri Constitution remains at a simple majority (50%) of voter support, there is a growing sentiment among Missouri voters to increase this threshold. In a 2023 SLU Poll, approximately half of the respondents indicated that they favoured raising the required voter support to 60% or even 66% for amending the constitution via an initiative. This shift in sentiment highlights the evolving nature of democratic processes and the ongoing dialogue surrounding the amendment process in Missouri.

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Convention-referred amendments

The Missouri Constitution is the state constitution of the US State of Missouri. It is the supreme law formulating the law and government of Missouri, subject only to the federal Constitution and the people. The Missouri Constitution can be amended via three paths: a citizen-initiated process, a legislative process, and a state constitutional convention.

The Missouri Constitution has 14 constitutional articles and was last amended in 2024. Since 1962, Missourians have been asked every twenty years if they would like to convene a constitutional convention to revise the constitution. Each time, a majority of the state's voters have rejected the proposal.

A convention-referred amendment is a constitutional amendment proposed by a constitutional convention. In Missouri, a question about whether to hold a state constitutional convention appears automatically on the state's ballot every 20 years, starting in 1942. Missouri is one of 14 states that provides for an automatic constitutional convention question.

The first constitution was written by a constitutional convention in 1820 and was in effect from 1821 to 1865. The second constitution was drafted in 1865 after a constitutional convention met in 1864. The third constitution was drafted in 1875 after the fourth constitutional convention. The fifth constitutional convention was held from 1922 to 1923 and proposed 21 amendments, of which seven were adopted.

In Missouri, a simple majority vote is required for voter approval of a convention-referred constitutional amendment. Amendments do not require the governor's signature to be referred to the ballot.

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History of Missouri's constitutions

The state of Missouri has had four constitutions in its history. The first was drafted in 1820 and came into effect in 1821 when Missouri joined the union as the 24th state. Notably, this constitution specifically excluded "free negroes and mulattoes" from the state.

The second constitution was ratified in 1865, during the American Civil War. This constitution abolished slavery and was known as the "Draconian Constitution" due to its strict loyalty oath provisions.

The third constitution was drafted in 1875 and provided for, among other things, separate schools for African-American children. This constitution was amended in the early 1900s to allow constitutional amendment by the initiative process.

The fourth and current constitution was adopted in 1945 and has been amended at least 119 times since then. This constitution provides for three branches of government: legislative, executive, and judicial. It also sets up local governments in the form of counties and cities. Since 1962, Missourians have been asked every twenty years if they would like to convene a constitutional convention to revise the constitution, and each time, a majority of voters have rejected the proposal. The most recent amendments to the Missouri Constitution were approved in 2024.

Frequently asked questions

No, the Missouri Constitution can only be amended with voter approval. The Missouri Constitution can be amended via three paths: a citizen-initiated process, a legislative process, and a state constitutional convention. The Missouri Constitution has been amended four times since it was adopted in 1945, with the most recent amendments approved in 2024.

There are several steps involved in amending the Missouri Constitution. First, a bill must be written and proposed by a senator or representative. The bill then goes through a committee review process before being voted on by the full Senate or House. If it passes, it moves to the other side of the General Assembly. Finally, all Missouri voters cast their votes, and the amendment is approved if a majority of voters agree to it.

The threshold for amending the Missouri Constitution has varied over time. Currently, a simple majority vote (50% plus 1) is required for voter approval of constitutional amendments. However, there have been proposals to increase this threshold to 60% or a two-thirds majority. In 2024, the Missouri House passed legislation to increase the threshold to 60%.

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