Missouri's Constitution: Effective Date And Beyond

Missouri has had four constitutions over its two centuries of statehood, with the fourth and current Missouri Constitution being adopted 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). The first Missouri Constitution was drafted in 1820 and adopted on July 19, 1820, and Missouri became the 24th state in 1821. The second constitution was ratified in 1865 following the end of the Civil War, and the third was adopted in 1875.

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Missouri's four constitutions

Missouri has had four constitutions over its two centuries of statehood, reflecting the changes that the nation as a whole has gone through over time.

The First Constitution (1820-1865)

The first Missouri Constitutional Convention assembled in St. Louis in 1820, comprising 40 men from 15 Missouri counties. The convention met for 38 days to establish the foundation of Missouri's government before approving the document on July 19, 1820. The first constitution included 13 articles, establishing the boundaries of the state, the system of government, the Missouri militia, the education system, and the amendment process. It specifically excluded "free negroes and mulattoes" from the state, which delayed Missouri's admission to the Union. Missouri was eventually admitted as the 24th state of the Union on August 10, 1821.

The Second Constitution (1865-1875)

The second Missouri Constitution was ratified in 1865 following the end of the Civil War. This constitution abolished slavery in the state, though Missouri was not included in the Emancipation Proclamation. The second constitution was known as the "Draconian Constitution" due to its strict loyalty oath provisions, which were later struck down by the US Supreme Court.

The Third Constitution (1875-1945)

The third Missouri Constitution was drafted in 1875 during the Reconstruction Era, as the nation dealt with the fallout of the Civil War. This draft included a provision establishing the segregation of Missouri's school system and allocating 25% of the state's general revenue for education.

The Fourth Constitution (1945-present)

The fourth and current Missouri Constitution was adopted in 1945 and has been amended 126 times as of 2024. 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. Since 1962, Missourians have had the opportunity every 20 years to vote on convening a constitutional convention to revise the constitution, but the proposal has been rejected each time.

Legislative, executive, and judicial branches

The Missouri Constitution, the supreme law of the state, outlines a framework for governance, including the powers, structure, and limitations of the state government. The current Missouri Constitution, adopted in 1945, is the state's fourth constitution. It establishes three branches of government: the legislative, executive, and judicial branches.

Legislative Branch

The legislative branch of Missouri is called the "General Assembly" and is divided into the Senate and the House of Representatives. Missourians elect their representatives and senators through voting in elections. Senators hold office for four years before facing re-election, while representatives have a two-year term. The Senate consists of 34 members, while the House of Representatives has 163 members. The primary role of the senators and representatives is to draft Missouri's laws.

Executive Branch

The executive branch of Missouri is headed by the Governor, who is elected by the state's voters. The Governor's key roles include signing bills into law and ensuring compliance with those laws. The Governor serves a four-year term before facing re-election.

Judicial Branch

The judicial branch of Missouri is composed of judges who preside over various courts, including the Supreme Court of Missouri, the Missouri Courts of Appeals, and the Circuit Courts. The judges interpret the state's constitution and laws, providing clarity on their meaning.

Amending the constitution

The current Missouri Constitution, which was adopted in 1945, is the state's fourth constitution. It outlines a framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It also establishes three branches of government: legislative (the Missouri General Assembly), executive (the Governor of Missouri), and judicial (the Supreme Court of Missouri).

Amending the Missouri Constitution can be done through three different paths: a citizen-initiated process, a legislative process, and a state constitutional convention. Let's explore each of these processes in detail:

Citizen-Initiated Process

In Missouri, citizens can play a direct role in amending the state constitution through a process known as an initiated constitutional amendment. This process allows citizens to initiate ballot measures that propose amendments to the constitution. To get an amendment on the ballot, proponents must collect a certain number of signatures. Specifically, they must collect signatures equal to 8% of the votes cast for governor in two-thirds of Missouri's congressional districts in the most recent gubernatorial election. If enough signatures are gathered, the proposed amendment is placed on the ballot for a statewide vote. For an amendment to be approved and become part of the constitution, it requires a simple majority vote of Missourians. This process empowers Missourians to have a direct say in shaping their state's constitution.

Legislative Process

The Missouri General Assembly, which is the state's legislative branch, also has the power to initiate constitutional amendments. For an amendment to be placed on the ballot through this process, it must be approved by a simple majority vote during one legislative session. This means a minimum of 82 votes are required in the Missouri House of Representatives, and 18 votes in the Missouri State Senate, assuming no vacancies. It's important to note that amendments originating from the legislature do not require the governor's signature to be referred to the ballot. Once an amendment is on the ballot, it is then voted on by all Missouri voters, and a simple majority is needed for the amendment to be adopted.

State Constitutional Convention

Article XII of the Missouri Constitution provides for an automatic question about holding a state constitutional convention to appear on the state's ballot every 20 years, with 1942 being the first such year. This gives Missourians the opportunity to decide if they want to convene a convention to revise the constitution. If a majority of voters approve the call for a convention, delegates are elected to participate in the convention and propose amendments to the constitution. The proposed amendments are then voted on by the citizens of Missouri, requiring a simple majority for approval. Missouri is one of 14 states that automatically provides for this option to reconsider and amend their constitution.

Since 1962, Missourians have been given the choice of convening a constitutional convention every two decades, but each time, they have opted to retain the existing constitution without significant changes. The most recent option to call a convention was presented to voters in November 2022.

In conclusion, the Missouri Constitution provides a framework for governance and outlines the rights and responsibilities of the state government. Amending this important document can be achieved through citizen-initiated, legislative, or state constitutional convention processes. Each method involves gathering support, whether through signatures or votes, and ultimately, the citizens of Missouri have the power to approve or reject proposed amendments, ensuring that the constitution remains responsive to the needs and values of the state's population.

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Local government

The current Missouri Constitution, which is the fourth constitution, was adopted in 1945. It establishes a three-branch government structure, including the legislative, executive, and judicial branches. It also outlines the framework for local governments in the form of counties and cities.

Article VI of the Missouri Constitution, consisting of 33 sections, is dedicated to "Local Government." This article establishes the structure and functions of local governments within the state. It outlines the powers and responsibilities of counties, cities, and other local entities.

The Missouri Constitution provides for a decentralized form of local governance, empowering counties and cities with a degree of autonomy to make decisions that directly impact their communities. This includes the authority to enact local ordinances, regulations, and policies that address the specific needs and challenges of their respective areas.

The local governments in Missouri are responsible for providing various public services, such as law enforcement, emergency services, infrastructure maintenance, and public utilities. They also play a crucial role in economic development, community planning, and land use decisions.

The Missouri Constitution ensures that local governments operate within a democratic framework. It establishes procedures for the election of local officials, such as county commissioners, mayors, and city council members. It also outlines the rights and responsibilities of these officials, ensuring accountability and transparency in their governance.

Furthermore, the Missouri Constitution provides mechanisms for citizen participation and input in local decision-making processes. This includes provisions for public hearings, referendums, and initiatives that allow citizens to have a direct say in the policies and decisions that affect their communities.

The specific powers and structures of local governments in Missouri may vary depending on the size and type of the locality. Larger cities, for example, may have more extensive powers and responsibilities compared to smaller towns or rural areas. Nonetheless, the Missouri Constitution ensures that all local governments operate within a consistent framework that promotes efficiency, effectiveness, and responsiveness to the needs of Missourians across the state.

Public officers

The current Missouri Constitution, the fourth in the state's history, was adopted in 1945. It outlines a framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Article VII of the Missouri Constitution is entitled "Public Officers". While I cannot access the full text of this article, I can provide an overview of the role of public officers within the context of the Missouri Constitution and its history.

The executive branch is headed by the governor, who is directly elected by Missouri voters and serves a four-year term. The governor signs bills into law and ensures compliance with the state's rules and laws. The judicial branch is comprised of judges who serve on various courts, including the Supreme Court of Missouri, the Missouri Courts of Appeals, and Circuit Courts. Judges interpret the state's constitution and laws, and their rulings can shape public policy and the understanding of constitutional rights.

The Missouri Constitution has undergone several revisions to reflect the state's evolving needs and values. The first constitution was drafted in 1820 and included an "exclusion clause" that prevented "free negroes and mulattoes" from entering the state. This clause was deliberately interpreted vaguely to allow Missouri's admission to the Union as a slave state. The second constitution, ratified in 1865 after the Civil War, abolished slavery in the state. The third constitution, adopted in 1875 during the Reconstruction Era, included provisions for segregation in the state's school system and dedicated a significant portion of state revenue to education.

Since 1962, Missourians have been given the option every 20 years to vote on convening a constitutional convention to revise the constitution. However, the majority of voters have consistently rejected this proposal.

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