Simone Lawson
The Missouri Constitution, first written in 1820, is the state constitution of Missouri. It is the supreme law that outlines the rules, government, and laws of the state. The Missouri Constitution has been amended several times since its inception, and the current version, adopted in 1945, is the state's fourth constitution. It contains a Bill of Rights that guarantees important freedoms and rights, such as freedom of speech and the right to bear arms. The Missouri Constitution also includes due process clauses, which have been the subject of legal disputes and interpretations by the state and federal courts. These clauses outline the legal rights and protections afforded to individuals during legal proceedings, ensuring fair and just treatment under the law.
| Characteristics | Values |
|---|---|
| Number of constitutions in Missouri's history | 4 |
| Current constitution | Adopted in 1945 |
| Number of amendments to the current constitution | 119 or more |
| Number of constitutional conventions | 6 |
| Number of constitutional articles | 14 |
| Number of signatures required for an initiated constitutional amendment | Based on the number of votes cast for governor in the state's most recent gubernatorial election |
| Number of branches of government | 3 |
| Legislative branch | Missouri General Assembly |
| Senate and House of Representatives | |
| Executive branch | Governor of Missouri |
| Judicial branch | Supreme Court of Missouri, Missouri Courts of Appeals, Circuit Courts |
| Bill of Rights | Yes |
| Rights protected by the Bill of Rights | Freedom of speech, freedom of religion, right to own a gun, right to farm, right to speak, right to practice religion |
| Process of changing the constitution | Suggested by the General Assembly or the people of Missouri, voted on by all voters of Missouri, and passed if more than half of voters agree |
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What You'll Learn
Missouri's 1945 constitution
Missouri's current constitution, adopted in 1945, is the state's fourth constitution. It was ratified by voters in 1945 and has been amended at least 119 times since. The constitution of 1945 provides for three branches of government: legislative (the Missouri General Assembly), executive (the Governor of Missouri), and judicial (the Supreme Court of Missouri). It also establishes local governments in the form of counties and cities.
The 1945 constitution starts with a preamble that was also used in the 1875 constitution: "We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this Constitution for the better government of the state."
The constitution of 1945 came about as a reaction to the corruption that dominated Missouri in the early 20th century. Political "bosses" such as Tom Pendergast of Kansas City were a driving force for reformers to use the initiative to call for a sixth constitutional convention, which was passed by voters in 1942.
The first Missouri constitution was written by the Constitutional Convention in 1820 and took effect on August 10, 1821, when Missouri joined the Union as a slave state. This constitution specifically excluded "free negroes and mulattoes" from the state. The second convention in 1845 produced a constitution that was rejected by voters. The third constitution was drafted in 1875, 10 years after the second Missouri constitution was passed, which abolished slavery and was ratified on June 6, 1865.
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Missouri's Bill of Rights
The Missouri Constitution is the state constitution of the U.S. state of Missouri. It is the supreme law that formulates the law and government of Missouri, subject only to the federal Constitution and the people. The current Missouri Constitution was adopted in 1945 and is the state's fourth constitution. It provides for three branches of 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.
The Missouri Constitution was first written by the Constitutional Convention in 1820 and was adopted on July 19, 1820. One of the results of the Missouri Compromise, Missouri was initially admitted to the Union as a slave state, and the constitution specifically excluded "free negroes and mulattoes" from the state. This "exclusion clause" initially prevented the US Congress from admitting Missouri to the union, but it was chosen to be interpreted vaguely as a "second" compromise. This constitution took effect on August 10, 1821, the day Missouri joined the Union as the 24th state.
The Missouri Constitution has been amended several times since its adoption in 1945, including controversial and high-profile changes such as legalizing 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 Bill of Rights, which is Article I of the Missouri Constitution, consists of 35 sections and has also been amended multiple times. For example, in 2012, it was amended with the approval of the Missouri Public Prayer Amendment, and in 2014, it was amended to include the Missouri Right to Bear Arms.
The Missouri Bill of Rights contains four sections concerned with protecting citizens' property rights. The first section states that all persons have the natural right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry. The second section states that no person shall be deprived of life, liberty, or property without due process of law. The third section states that private property shall not be taken or damaged for public use without just compensation. The fourth section states that private property cannot be taken for private use, and when an attempt is made to take private property for public use, the question of whether the use is indeed public shall be determined judicially without regard to any legislative declarations. These provisions emphasize the great importance that Missourians have historically placed on the security of their property rights.
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Missouri's Executive Branch
The Missouri Constitution, adopted in 1945, is the state constitution of the U.S. State of Missouri. It establishes the state's three branches of government: the legislative, executive, and judicial. The executive branch is headed by the Governor of Missouri, who is supported by more than 20 officials, 16 of whom are appointed by the governor or a commission. The other six are elected positions: governor, lieutenant governor, secretary of state, auditor, treasurer, and attorney general.
The current governor of Missouri is Mike Parson, who was sworn in by Supreme Court Judge Mary Russell in June 2018. He succeeded Eric Greitens, who resigned before his term ended. Parson previously served as the state's lieutenant governor under former governor Eric Greitens. Parson's tenure as governor has been marked by a focus on economic development, education, and infrastructure improvement.
The other members of Missouri's executive branch include Attorney General Eric Schmitt, Lt. Gov. Mike Kehoe, Secretary of State Jay Ashcroft, Missouri Department of Health and Senior Services Director Donald Kauerauf, and Zora Mulligan, the commissioner of the Department of Higher Education & Workforce Development.
The Missouri Constitution has been amended several times since its adoption in 1945, with at least 119 amendments made to the document. Notable recent amendments include the legalization of commercial gambling in 1993, the allowance of human embryo production for stem cell research in 2006, and the legalization and regulation of medical marijuana in 2018.
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Missouri's Judicial Branch
The Missouri Constitution is the state constitution of Missouri, in the United States. The current constitution, adopted in 1945, is the fourth in the state's history. It provides for three branches of government: legislative, executive, and judicial. The judicial branch is made up of the Supreme Court of Missouri, which is the final arbiter of disputes involving the state's constitution and laws. The Supreme Court building is located in Jefferson City.
The Missouri Constitution has a long and complex history, with several constitutions being written, rejected, and amended over the past two centuries. The first constitution was written by a Constitutional Convention in 1820 and took effect on August 10, 1821, when Missouri joined the Union as a slave state. This constitution specifically excluded "free negroes and mulattoes" from the state, a clause that was deliberately interpreted vaguely to allow Missouri's admission to the Union.
The second constitutional convention in 1845 produced a constitution that was rejected by voters. During the American Civil War, another convention was held from 1861 to 1863 to decide on secession. This convention chose against secession and did not produce a new constitution. However, in 1864, a new constitutional convention was elected, which passed a second state constitution that abolished slavery and included loyalty oath provisions. This constitution was ratified in 1865 and remained in effect for ten years.
The fourth constitutional convention was held in 1875, drafting the state's third constitution. This constitution provided for, among other things, separate schools for African-American children. In the early 1900s, this constitution was amended to allow constitutional amendment by initiative, and in the early 20th century, Missouri was dominated by corrupt political "bosses". Reformers used the initiative to call for a sixth constitutional convention in 1942, which was ratified by voters in 1945, creating the current constitution.
Since 1945, there have been at least 119 amendments made to the Missouri Constitution. Some of these amendments have been controversial, such as legalizing commercial gambling in 1993, allowing the production of human embryos for stem cell research in 2006, and an English-only amendment in 2008. More recently, a constitutional amendment was passed in 2018 to legalize and regulate medical marijuana.
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Missouri's Legislative Branch
The Missouri General Assembly is bicameral and is composed of a 34-member Senate and a 163-member House of Representatives. Members of both houses are subject to term limits. Senators are limited to two four-year terms, while representatives are limited to four two-year terms, for a total of eight years for members of both houses. Elections are conducted using first-past-the-post voting in single-member districts of roughly equal population. Representatives must be at least 24 years old to be elected, and they must be a qualified Missouri voter for two years and a resident of their constituency for one year.
The Missouri General Assembly meets at the Missouri State Capitol in Jefferson City. As a part-time legislature, most senators and representatives hold jobs outside their legislative duties, resulting in lower compensation. The Assembly must convene on the first Wednesday after the first Monday in January following the state general election and adjourns on May 30, with no consideration of bills after 6:00 p.m. Neither the House nor the Senate can adjourn for more than ten days at a time without the consent of the other chamber.
The Republican Party currently controls the governor's office and both chambers of the state legislature. Missouri elects eight of the 435 members to the United States House of Representatives.
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Frequently asked questions
Missouri has had four constitutions in its history. The current one was ratified in 1945 and has been amended at least 119 times.
Amendments to the Missouri Constitution can be made via three paths: a citizen-initiated process, a legislative process, and a state constitutional convention. For a citizen-initiated amendment, signatures are required from two-thirds of Missouri's congressional districts, equal to 8% of the gubernatorial vote. Amendments can also be suggested by the General Assembly, in which case more than half of the senators and half of the representatives need to support the change before it can be put to a vote. For an amendment to be passed, a simple majority of voters must approve it.
Some cases that have considered the due process clauses of the Missouri Constitution include:
- Leggett v. Gen. Indem. Exch. (1952)
- State ex rel. Wabash Railroad Co. v. Public Service Comm. (1954)
- Passler v. Johnson (1958)
- American Airlines, Inc. v. City of St. Louis (1963)
- McClellan v. Kansas City (1966)
The Missouri Constitution establishes three branches of government: legislative (the General Assembly), executive (the Governor), and judicial (the Supreme Court). It also sets up local governments in the form of counties and cities. The constitution includes a Bill of Rights, which guarantees freedoms such as the right to speak, the right to practice religion, the right to own a gun, and the right to farm.
