Malcolm Rivera
The Missouri Constitution is a product of direct democracy. It is drafted during constitutional conventions and adopted by a vote of the people. The federal constitution empowers states to shape their constitutions, and Missouri's constitution is more explicit in detail than its federal counterpart. Changes to the Missouri Constitution have occurred due to the people's votes on explicit amendments, rather than government action. For example, voters changed the constitution in the 1990s to allow gaming. While Missouri's constitution is a product of direct democracy, there are attempts to make it more difficult to amend.
| Characteristics | Values |
|---|---|
| Control | The Missouri Constitution is ultimately controlled directly by the votes of its people. |
| Amendments | Amendments to the Missouri Constitution are proposed by the state legislature and must be approved by Missouri voters. |
| Ballot measures | Any statewide ballot measure may be submitted at a general election. |
| Ballot language | The entity responsible for drafting the ballot language may vary based on whether the measure is initiated by voters or the legislature. |
| Voter information pamphlet | Missouri law does not explicitly call for the preparation of a voter information pamphlet for statewide ballot measures. |
| Ballot statements | Ballot statements must be true and impartial statements of the effect of a vote for and against the measure. |
| Ballot title | Any dissatisfied Missouri citizen may bring an action in the Cole County Circuit Court to challenge the official ballot title. |
| Signature requirements | A proposal for a constitutional amendment must be signed by a certain number of voters. |
| Supermajority vote requirements | A 57% supermajority vote requirement for any constitutional amendment by the state legislature and a 57% supermajority vote requirement from voters. |
| Difficulty of amending | The Missouri Constitution is easier to amend than the U.S. Constitution. |
| Comparison to federal constitution | The Missouri Constitution is more explicit than its federal counterpart. |
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What You'll Learn
The Missouri Constitution is a product of direct democracy
The federal constitution empowers states to shape their constitutions, provided they do not limit or violate the rights guaranteed to citizens by the U.S. Constitution. Missouri's constitution is more explicit than its federal counterpart, detailing the organization of local governments and providing highly detailed taxation provisions. For instance, Missouri's constitution guarantees certain rights to crime victims, which the federal constitution does not.
The Missouri Constitution is ultimately controlled directly by the votes of its people. Most changes in Missouri's constitutional interpretation have occurred due to the people's votes on explicit amendments, rather than government action. For example, the Missouri Constitution forbade gaming until the 1990s, when it was changed by voters in popular elections, rather than by legislators or judges.
Missouri law requires similar ballot content for all statewide ballot measures. However, the entity responsible for drafting the ballot language may vary depending on whether the measure is initiated by voters or the legislature. For proposed initiatives and veto referendums that have been certified as having a valid number of signatures, the Joint Committee on Legislative Research must hold a hearing to take public comments. Any dissatisfied Missouri citizen may bring an action in the Cole County Circuit Court to challenge the official ballot title or the fiscal note.
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Amendments to the Missouri Constitution
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 has been amended more than 200 times since its adoption in 1945, with at least 119 amendments made to the Constitution as of 2024.
The Missouri Constitution can be amended via three different paths: a citizen-initiated process, a legislative process, and a state constitutional convention. An example of a citizen-initiated amendment is the legalisation of commercial gambling in 1993. This amendment was not made by legislators or judges but by voters in popular elections. In Missouri, 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. A simple majority vote is required for voter approval.
A legislative process for amending the Missouri Constitution requires a simple majority vote during one legislative session for the Missouri General Assembly to place a constitutional amendment on the ballot. This amounts to a minimum of 82 votes in the Missouri House of Representatives and 18 votes in the Missouri State Senate, assuming no vacancies. Amendments referred by the legislature do not require the governor's signature to be placed on the ballot.
According to Article XII of the Missouri Constitution, the people of Missouri are given the option to call a new constitutional convention every 20 years through an automatic referendum that appears on that year's ballot. Missouri is one of 14 states that provides for an automatic constitutional convention question. The last constitutional convention was held from 1922 to 1923 and proposed a slate of 21 amendments instead of a new constitution. Seven of these 21 amendments were adopted.
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Missouri's explicit constitutional interpretation
Missouri's constitution is a product of direct democracy. Since its adoption in 1945, it has been amended more than 200 times, each time by popular vote following either referral by the legislature or a petition by voters to place a proposal on the ballot. The Missouri Constitution is more explicit than its federal counterpart. It details the organisation of local governments, from counties and cities to school districts to sewer districts, and its taxation provisions are highly detailed.
The federal constitution empowers states to shape their own constitutions, as long as they do not limit the rights guaranteed to citizens by the U.S. Constitution. Missouri also goes further in its guarantees to its citizens. For example, Missouri's constitution guarantees certain rights to crime victims, which the federal constitution does not.
Most changes in Missouri's constitutional interpretation have occurred not by government action but by the people's votes on explicit amendments. For instance, the Missouri Constitution forbade gaming until the 1990s when it was changed, not by legislators or judges, but by voters in popular elections. Missouri's constitution is ultimately controlled directly by the votes of its people.
Missouri law requires similar ballot content for all statewide ballot measures, but the entity responsible for drafting the ballot language may vary based on whether the measure is initiated by voters or the legislature. For proposed initiatives and veto referendums that have been certified as having a valid number of signatures, the Joint Committee on Legislative Research must hold a hearing to take public comments. Missouri law does not explicitly call for the preparation of a voter information pamphlet for statewide ballot measures, but it does require the development of informational materials. Fair ballot statements, which must be true and impartial, are prepared by the Secretary of State, with approval by the Attorney General as to legal content and form.
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Missouri's guarantees to its citizens
The Missouri Constitution is a product of direct democracy, with its constitutions drafted during constitutional conventions and adopted by a vote of the people. Since its adoption in 1945, it has been amended over 200 times, each time by popular vote. This is in contrast to the U.S. Constitution, which is amended by indirect democracy, with amendments proposed by a two-thirds vote in each house of Congress and ratified by the legislatures of three-fourths of the states.
The Missouri Constitution goes further in its guarantees to its citizens than the U.S. Constitution. For example, Missouri's constitution guarantees certain rights to crime victims, which the federal constitution does not. The state constitution also details the organization of local governments, from counties and cities to school districts and sewer districts, and its taxation provisions are highly detailed.
The Missouri Constitution also protects its citizens from government abuses, offering guarantees of due process and equal protection of the law. For instance, in 2023, the Missouri Supreme Court ruled that the attorney general must approve the state auditor's fiscal summaries for citizen-initiated ballot measures. In another instance, students at the University of Missouri protested against what they viewed as the administration's poor response to racist incidents on campus.
In addition, Missouri does not require proof of citizenship for voter registration, and its citizens have the right to make their own healthcare decisions without government interference.
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Missouri's initiative petition process
Missouri's constitution is a product of direct democracy. The state's constitutions have been drafted during constitutional conventions and adopted by a popular vote. Since 1945, the Missouri Constitution has been amended over 200 times, each time by popular vote following a referral by the legislature or a petition by voters to place a proposal on the ballot.
The federal constitution empowers states to shape their constitutions, as long as they do not limit the rights guaranteed to citizens by the US Constitution. Missouri's constitution is more explicit than its federal counterpart in nearly every respect. It details the organisation of local governments, from counties and cities to school and sewer districts, and its taxation provisions are highly detailed.
The Missouri initiative petition process is governed by the Missouri Constitution, Article III, Sections 50 and 51, and Missouri Revised Statutes, Title IX, Chapter 116, Sections 116.320 and 116.334. Initiatives can be filed with state officials to request an official ballot title immediately after a general election. Signatures must be filed with the secretary of state six months before the next biennial election, leaving a maximum of 18 months to circulate petitions.
Prior to collecting signatures, proponents must file a draft of the petition form, including the text of the amendment or statute, with the secretary of state. Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States may employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot, which may involve preparing a fiscal review and ballot summary. Any citizen may challenge a ballot title or a decision regarding the sufficiency of petition signatures in the Cole County Circuit Court.
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Frequently asked questions
Yes, the Missouri Constitution allows for direct democracy. The federal constitution empowers states to shape their constitutions, and Missouri's constitution is controlled directly by the votes of its people.
Any statewide ballot measure may be submitted at a general election, but the Governor may order a special election on a proposed constitutional amendment. A simple majority vote is required in both the Missouri State Senate and the Missouri House of Representatives to put a legislatively referred constitutional amendment before voters.
The Missouri Constitution forbade gaming until the 1990s, when it was changed by voters in popular elections. Another example is the 2018 Clean Missouri constitutional amendment, which overhauled how legislative districts are drawn and included limits on lobbyist gifts to politicians.
