Jonah Patel
Missouri has had four constitutions in its history, with the current one being rewritten and amended several times. The first constitution was written in 1820 and lasted until the end of the Civil War in 1865. The second constitution was ratified in 1865, and the third in 1875. The fourth and current Missouri Constitution was ratified in 1945 and has been amended over 100 times since then.
| Characteristics | Values |
|---|---|
| Current Missouri Constitution | Fourth |
| Year of adoption of the current Missouri Constitution | 1945 |
| Number of amendments to the current Missouri Constitution | 119-126 |
| Number of times Missouri Constitution has been rewritten | 6 |
| First Missouri Constitution | 1820 |
| Year Missouri became a state | 1821 |
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What You'll Learn
The fourth and current Missouri Constitution
The fourth Missouri Constitution was formed in reaction to the corruption in Missouri in the early 20th century. Political "bosses" such as Tom Pendergast of Kansas City dominated the state. In 1942, reformers called for a sixth constitutional convention, which was passed by voters. The new constitution was ratified in 1945 and has been amended at least 119 times since then. Some of the more recent amendments include the legalisation of commercial gambling in 1993, the allowance of the production of human embryos for stem cell research in 2006, and the legalisation and regulation of medical marijuana in 2018.
The first Missouri Constitution was written by a Constitutional Convention in 1820 and was adopted on July 19, 1820. It was drafted in 38 days and took effect on August 10, 1821, when Missouri joined the union as the twenty-fourth state. This constitution specifically excluded "free negroes and mulattoes" from the state. The second constitution was ratified in 1865 following the end of the Civil War and the abolition of slavery. This constitution was known as the "Draconian Constitution" due to its loyalty oath provisions, which were later struck down by the U.S. Supreme Court. The third constitution was drafted in 1875 and provided for separate schools for African-American children.
Since 1962, Missourians have had the option to call a new constitutional convention every 20 years through an automatic referendum. However, each time the proposal has been rejected by a majority of the state's voters.
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Missouri's first constitution
Missouri has had four constitutions in its history, with the current one being adopted in 1945. The state's first constitution was drafted in 1820, in just 38 days, and was in effect from 1821 to 1865.
The first constitution was written by a Constitutional Convention and was adopted on July 19, 1820. Missouri became a state in 1821, and this constitution took effect the day Missouri joined the union as the 24th state, on August 10, 1821. This constitution was one of the results of the Missouri Compromise, which initially admitted Missouri to the Union as a slave state. 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 in a deliberately vague manner.
The second Missouri constitution was passed in 1865, during the American Civil War. The Missouri Constitutional Convention of 1861-63 was elected to decide on secession, and they chose against it. They operated as the de facto pro-Union government of Missouri when Governor Claiborne Fox Jackson and other politicians who supported the Confederacy fled from Jefferson City. They provided elections to a new constitutional convention, which was elected in November 1864 and met in January 1865. This second constitution abolished slavery and was known as the "Draconian Constitution" due to its loyalty oath provisions, which were later struck down by the US Supreme Court.
The third constitution was drafted in 1875, and it provided for, among other things, separate schools for African-American children. In the early 1900s, this constitution was amended to allow constitutional amendment by the initiative process. The fourth and current constitution was ratified in 1945 and remains Missouri's constitution today, with at least 119 amendments having been made to it since then.
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The constitutional convention in 1865
Missouri has had four constitutions in its history, the first of which was written in 1820 and came into effect in 1821. The second constitution was ratified in 1865.
The Missouri Constitutional Convention of 1861–1863 was held during the American Civil War. The convention was elected in early 1861 and voted against secession. When open fighting broke out between Pro-Confederate governor Claiborne Fox Jackson and Union authorities, the convention formed a provisional state government and functioned as a quasi-legislature for several years. The convention never produced a new constitution; that task was delegated to a new convention, elected in November 1864 and met in January 1865.
The 1865 convention passed a second Missouri state constitution that abolished slavery and was ratified on June 6, 1865. This second constitution was known as the "Draconian Constitution" due to its loyalty oath provisions, which were later struck down by the US Supreme Court. The convention also abolished many state offices, cut the salaries of state employees by 20%, postponed the planned state election to August 1862, and created provisions for a new pro-Union state militia. The final session of the convention met in June 1863 with the aim of eliminating slavery in the state. The major obstacle was a provision in the constitution that required the consent of the slave's owner and payment of compensation. Therefore, the convention passed an ordinance for gradual emancipation with compensation, a process to be completed on 4 July 1870.
The current Missouri Constitution was adopted in 1945 and is the state's fourth constitution. It has been amended at least 119 times since then, with four more amendments approved in 2024.
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The 1945 constitution
The current Missouri Constitution, also known as the fourth constitution, was ratified in 1945 and remains in place today. This constitution was drafted in response to the corruption that plagued Missouri in the early 20th century under political "bosses" like Tom Pendergast. Reformers called for a sixth constitutional convention, which was passed by voters in 1942.
The Missouri Constitution provides for a process to amend or change the document. Amendments can be proposed by the General Assembly or by the people of Missouri. If a proposed amendment receives support from more than half of the senators and representatives in the General Assembly, it is then put to a vote before all Missouri voters. For a change to be implemented, more than half of the voters must agree to it. This process allows for the evolution of the constitution to meet the changing needs and values of the state and its citizens.
Since 1962, Missourians have had the option to call for a constitutional convention to revise the constitution every 20 years through an automatic referendum. However, each time this referendum has appeared on the ballot, it has not passed, indicating a general satisfaction with the framework established by the 1945 Constitution.
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Amendments to the Missouri Constitution
Missouri has had four constitutions in its history, with the current one being ratified in 1945. This latest version has been amended numerous times, with sources citing at least 119 amendments, 126 amendments, or over 200 amendments. The Missouri Constitution can be amended if more than half of the voters agree to the change.
The first Missouri Constitution was drafted in 1820 and was in effect from 1821 to 1865. Missouri became the 24th state in 1821, and its first constitution was created as a slave state, specifically excluding "free negroes and mulattoes" from the state. This constitution lasted until the end of the Civil War.
The second constitution was ratified in 1865 following the end of the Civil War and the abolition of slavery in Missouri. This second constitution was known as the "Draconian Constitution" due to its loyalty oath provisions, which were later struck down by the US Supreme Court.
The third constitution was adopted in 1875, and the fourth and current Missouri Constitution was ratified in 1945. This constitution 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.
Some of the more recent amendments to the Missouri Constitution include the legalisation of commercial gambling in 1993, the approval of human embryo research in 2006, the prohibition of same-sex marriage in 2004, an English-only amendment in 2008, and the legalisation and regulation of medical marijuana in 2018.
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Frequently asked questions
Missouri has had four constitutions in its history.
The first Missouri Constitution was written in 1820 and adopted on July 19, 1820.
The second Missouri Constitution was written in 1865 following the end of the Civil War.
The third Missouri Constitution was written in 1875.
The fourth Missouri Constitution was written in 1945 and remains the current constitution.
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