Eleanor Finch
Missouri has had four constitutions in its history, with the current one being ratified in 1945. The state's first constitution was drafted in 1820 and was in effect from 1821 to 1865, when the second constitution was passed. This second constitution abolished slavery and was known as the Draconian Constitution due to its loyalty oath provisions, which were struck down by the US Supreme Court in 1867. While there have been several attempts to call for a new constitutional convention, Missouri's 1945 constitution remains in effect today. Although Missouri's constitutions have not been explicitly declared unconstitutional, there have been instances where specific laws or provisions within the state's constitution have been challenged or ruled unconstitutional. For example, in December 2023, a state judge ruled that Missouri's strict law redacting the names of witnesses and victims from court records violated both the First Amendment of the U.S. Constitution and the Open Courts provision of the Missouri Constitution.
| Characteristics | Values |
|---|---|
| Number of constitutions | 4 |
| Current constitution | Adopted in 1945 |
| Number of amendments to the current constitution | At least 119 |
| Most recent amendments | 4 approved in 2024 |
| Missouri's second constitution | Passed in 1865, abolished slavery |
| Missouri's second constitution also known as | "Draconian Constitution" due to its loyalty oath provisions |
| Missouri's second constitution was struck down by | US Supreme Court in Cummings v. Missouri (1867) |
| Missouri's third constitution | Drafted in 1875 |
| Missouri's fourth constitution | Drafted in 1942, ratified in 1945 |
| Missouri's broad redaction law | Declared unconstitutional in Dec 2023 |
Explore related products
What You'll Learn
Missouri's current constitution
The constitution was drafted in response to the corruption that plagued Missouri in the early 20th century. Political "bosses" like Tom Pendergast of Kansas City held sway over the state, prompting reformers to call for a constitutional convention in 1942. Voters ratified the new constitution in 1945.
The 1945 constitution begins 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 current constitution has been amended numerous times, with some amendments being particularly controversial. For example, in 1993, an amendment legalised commercial gambling. In 2004, Missouri Constitutional Amendment 2 prohibited same-sex marriage, and in 2006, another amendment allowed the production of human embryos for stem cell research. In 2018, Missouri legalised medical marijuana through a constitutional amendment.
Slavery's Dark Legacy: Was It Constitutional?
You may want to see also
Missouri's second constitution
The second constitution was a result of the state's decision against secession during the American Civil War. The Missouri Constitutional Convention of 1861-63, which was elected to decide on secession, chose to remain in the Union. When Governor Claiborne Fox Jackson and other politicians who supported the Confederacy fled Jefferson City, the convention operated as the de facto pro-Union government of Missouri. They provided for elections to a new constitutional convention, which resulted in the second constitution.
The loyalty oath provisions of the second constitution were a source of controversy. These provisions were included to ensure loyalty to the Union and prevent secessionist sentiments. However, they were seen as draconian and were ultimately struck down by the US Supreme Court in the case of Cummings v. Missouri in 1867.
The second constitution was replaced by the third constitution of Missouri, drafted in the fourth constitutional convention held in 1875. This constitution provided for, among other things, separate schools for African-American children. The current and fourth Missouri Constitution was adopted in 1945 and has been amended numerous times since then.
The Constitution: Limiting Congressional Power
You may want to see also
Missouri's first constitution
The first constitution took effect on August 10, 1821, when Missouri officially joined the Union as the 24th state. The second convention in 1845 produced a constitution that was rejected by voters. During the American Civil War, the Missouri Constitutional Convention (1861-63) chose against secession and operated as the de facto pro-Union government when the governor and other politicians who supported the Confederacy fled from Jefferson City.
In November 1864, a new constitutional convention was elected, and in January 1865, they passed a second Missouri state constitution that abolished slavery. This constitution, known as the "Draconian Constitution," included loyalty oath provisions that were struck down by the US Supreme Court in Cummings v. Missouri (1867). This second constitution remained in effect for ten years.
Since the first constitution in 1820, Missouri has had four constitutions in total, with the current one being adopted in 1945. 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."
AC Repair: Casualty Loss Tax Deduction?
You may want to see also
Explore related products
Missouri's redaction law
Missouri's current constitution was adopted in 1945, and since then, there have been at least 119 amendments. The constitution provides for three branches of government: legislative, executive, and judicial. It also sets up local governments in the form of counties and cities.
In recent years, some of these amendments have been controversial, such as legalizing commercial gambling in 1993, allowing the production of human embryos for stem cell research, and an English-only amendment in 2008. On November 6, 2018, a constitutional amendment was passed to legalize and regulate medical marijuana.
In 2023, Missouri's redaction law, which required the redaction of all witness and victim names from court records, was challenged as unconstitutional. The plaintiffs, including the Missouri Broadcasters Association and media lawyers, argued that the law violated the First Amendment of the U.S. Constitution and the Open Courts provision of the Missouri Constitution. They claimed that the law prevented them from fully reporting on judicial records and limited the media's ability to serve as a watchdog over the judicial system. The plaintiffs also cited the substantial expenses imposed by the new redaction requirements.
Judge Aaron J. Martin of the Cole County Circuit Court ruled that the redaction law was indeed unconstitutional and unenforceable, stating that it required the redaction of all witness and victim names from court records, which was not in line with the constitutions of Missouri and the United States. This ruling was celebrated as a win for government transparency and the public interest.
The Constitutionality of 20-Week Abortion Bans Questioned
You may want to see also
Missouri Compromise
The Missouri Compromise, also known as the Compromise of 1820, was a piece of federal legislation in the United States that aimed to balance the conflicting desires of northern and southern states concerning the expansion of slavery. The legislation was passed on March 3, 1820, and signed into law by President James Monroe on March 6, 1820.
The Missouri Compromise was a highly controversial piece of legislation that admitted Missouri as a slave state and Maine as a free state. This dual admission was intended to maintain the balance between slave and free states in the nation. The Compromise also included a provision outlawing slavery above the 36°30' latitude line in the remainder of the Louisiana Territory. This provision, which was in effect from 1820 until it was repealed in 1854, effectively prohibited the expansion of slavery into the western territories north of Missouri.
The Compromise was an attempt to resolve the Missouri crisis, which arose from conflicting sentiments towards slavery in the North and South. The Southern leaders, who were mostly Jeffersonian Republicans, defended slavery and objected to any federal restrictions on it, considering it a state issue. On the other hand, Northern Jeffersonian Republicans embraced the antislavery legacy of Jeffersonianism and cited the Declaration of Independence as an argument against expanding slavery. The Northern states also believed that the South was determined to dominate the nation and demand more land and slaves.
The Missouri Compromise was controversial, and many feared that it had lawfully divided the country along sectarian lines. This compromise both delayed and contributed to the American Civil War. In 1854, the Kansas-Nebraska Act effectively repealed the Missouri Compromise, and in 1857, the Supreme Court declared it unconstitutional in the Dred Scott v. Sandford decision, further escalating tensions over slavery.
It is worth noting that, separately, in December 2022, a state judge ruled that Missouri's strict law redacting the names of witnesses and victims from court records was unconstitutional, violating the First Amendment of the U.S. Constitution and the Open Courts provision of the Missouri Constitution.
The Missouri Constitution's Original Length
You may want to see also
Frequently asked questions
Missouri has had four constitutions. The current constitution was created in 1945 and is still in effect.
The second constitution, passed in 1865, abolished slavery and was known as the "Draconian Constitution" due to its loyalty oath provisions.
Yes, Missouri's strict law redacting the names of witnesses and victims from court records was declared unconstitutional in December 2023 as it violated the First Amendment of the U.S. Constitution and the Open Courts provision of the Missouri Constitution.
