Omar Bennett
The Missouri Constitution is the state constitution of Missouri, which came into effect on August 10, 1821, when Missouri joined the union as the 24th state. It is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The current Missouri Constitution, adopted in 1945, is the state's fourth constitution and has been amended 126 times. This paragraph introduces the topic of the preamble to the Missouri Constitution, which precedes 13 articles and outlines the state's fundamental principles and values.
| Characteristics | Values |
|---|---|
| Number of state constitutions Missouri has had | 4 |
| Number of current constitutional articles | 14 |
| Number of amendments | 126 |
| Number of amendments approved in 2024 | 4 |
| Number of branches of government | 3 (Legislative, Executive, and Judicial) |
| Number of people in the Senate | 34 |
| Number of Representatives | 163 |
| Tenure of Senators | 4 years |
| Tenure of Representatives | 2 years |
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What You'll Learn
History of the Missouri Constitution
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. Missouri has had four constitutions, with the current one being adopted in 1945.
The first constitution was 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 forestalled the US Congress from admitting Missouri to the union.
The second convention in 1845 produced a constitution that was rejected by voters. During the American Civil War, the Missouri Constitutional Convention (1861-63) was elected to decide on secession. They chose against secession and did not produce a new constitution. Instead, 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, passing a second Missouri state constitution that abolished slavery, 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 fourth constitutional convention was held in 1875, which drafted the state's third constitution. The convention met from May 5 to August 2, and the resulting constitution provided for, among other things, separate schools for African-American children. In the early 1900s, the Constitution of 1875 was amended to allow constitutional amendment by the initiative process.
The fourth and current Missouri Constitution was adopted in 1945 and has been amended at least 119 times since then. 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 can be amended if more than half of the voters agree to the change.
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Missouri's government branches
The Missouri Constitution is the state constitution of Missouri and is the supreme law that outlines the state's framework for governance. The current Missouri Constitution, the fourth in the state's history, was adopted in 1945 and has been amended 126 times.
The Missouri Constitution divides the state's government into three branches: the legislative, executive, and judicial.
Legislative Branch
The legislative branch of Missouri is called the "General Assembly" and is split into two chambers: the Senate and the House of Representatives. Senators are elected for a term of four years, while representatives are elected for two years. The Senate consists of 34 members, while the House of Representatives has 163 members. Both senators and representatives are chosen by the people of Missouri through elections. The primary role of the legislative branch is to write Missouri's laws.
Executive Branch
The executive branch of Missouri is headed by the Governor of Missouri. The governor is responsible for executing the state's laws and overseeing the state's executive departments and agencies. The governor also has the power to sign or veto bills passed by the General Assembly.
Judicial Branch
The judicial branch of Missouri is made up of judges who serve on different courts, including the Supreme Court of Missouri, the Missouri Courts of Appeals, and the Circuit Courts. The role of the judges is to interpret the state's laws and constitution. The Missouri Constitution also includes a Bill of Rights, which guarantees various freedoms and rights to the people of Missouri, such as the right to speak, the right to practice religion, the right to own a gun, and the right to farm.
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The role of judges
Missouri's Constitution divides the state's government into three branches: the legislative, the executive, and the judicial. The judicial branch is made up of judges who serve in various courts, including the Supreme Court of Missouri, the Missouri Courts of Appeals, and the Circuit Courts.
The Missouri Constitution grants judges the authority to declare laws or executive actions unconstitutional if they violate the rights and freedoms guaranteed to the people. This power of judicial review allows judges to act as a check and balance on the other branches of government, ensuring that they stay within the boundaries set by the Constitution.
In addition to interpreting the law, judges in Missouri also play a role in shaping it. They contribute to the development of legal principles through their rulings and interpretations of the law. When hearing cases, judges consider not only the specific legal dispute but also the broader implications for society. Their decisions can set precedents that guide future legal interpretations and shape the direction of the law in the state.
The Missouri Constitution outlines the structure and qualifications for judges in the state. It establishes the process for appointing and selecting judges, as well as their terms of office and any requirements for retention or reelection. The constitution may also include provisions for judicial independence, ensuring that judges are free from undue influence and can make impartial decisions based on the law and the facts of each case.
Overall, the role of judges in the Missouri Constitution is crucial to maintaining the rule of law and protecting the rights of citizens. They are responsible for safeguarding the constitution, interpreting its provisions, and ensuring that the actions of the state's government comply with the principles and values enshrined in the document. By upholding the constitution and interpreting its meaning, judges play a vital role in shaping the governance and legal landscape of Missouri.
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The Bill of Rights
The Missouri Constitution is the state constitution of Missouri, which came into effect on August 10, 1821, when Missouri joined the Union as the 24th state. The current Missouri Constitution, the fourth version, was adopted in 1945 and has been amended 126 times.
The Missouri Constitution's Bill of Rights gives the people of Missouri important freedoms. For example, the Bill of Rights protects the right to free speech, the right to practice religion, the right to own a gun, and the right to farm.
The Missouri Constitution also sets out the process for changing the constitution or passing a bill. For a change to be made to the constitution, an individual must first gather enough voter support for the proposed amendment. The amendment is then put to a vote, and if more than half of the voters agree, the constitution is changed. Similarly, for a bill to become a law, a Missouri citizen must gather signatures from five per cent of voters on a petition. If enough people sign, all Missouri voters then decide through a vote if the bill should become a law.
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How to change the constitution
The Missouri Constitution is the state constitution of the U.S. State of Missouri. It is the supreme law that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The Missouri Constitution has been amended 126 times since its adoption in 1945, with the most recent amendments approved in 2024.
To change the Missouri Constitution, there are three paths that can be taken: a citizen-initiated process, a legislative process, and a state constitutional convention. For a citizen-initiated constitutional amendment, proponents must collect a certain number of signatures in two-thirds of Missouri's congressional districts. The number of signatures required is based on the number of votes cast for the governor in the state's most recent gubernatorial election, with an 8% threshold of the gubernatorial vote required for initiated constitutional amendments. If enough signatures are collected, a simple majority vote is required for voter approval of the amendment.
The legislative process for amending the Missouri Constitution begins with a senator or representative writing a bill that they want to become law. This bill is then reviewed by a smaller group of senators or representatives called a "committee", which discusses the bill and holds meetings where citizens and experts can provide input. If the committee supports the bill, it moves to the full Senate or House for debate and a vote. If more than half of the Senate or House supports the bill, it then goes to the other chamber of the General Assembly. A simple majority vote is required during one legislative session for the Missouri General Assembly to place a constitutional amendment on the ballot, with a minimum of 82 votes in the House of Representatives and 18 votes in the State Senate. Amendments do not require the governor's signature to be referred to the ballot.
Finally, the state constitutional convention process involves Missourians being asked every twenty years if they would like to convene a constitutional convention to revise the constitution. If a majority of voters support the proposal, a convention is held to draft a new constitution or propose amendments to the existing one. The resulting changes are then voted on by all Missouri voters, and if more than half agree to the changes, the constitution is amended.
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Frequently asked questions
The preamble of a constitution typically outlines the intentions and principles that underpin the laws and governance outlined in the document. The Missouri Constitution is the state constitution of Missouri, which has been amended several times since its adoption in 1945.
Three: the legislative branch (General Assembly), the executive branch (Governor of Missouri), and the judicial branch (Supreme Court of Missouri and lower courts).
The Missouri Constitution has been amended 126 times, with the most recent four amendments approved in 2024.
A bill must be written and presented to a committee of senators or representatives. If the committee supports the bill, it goes before the full senate or house. If more than half of the Senate or House supports the bill, it goes to the other side of the General Assembly. If more than half of all voters in Missouri agree with the proposed change, the constitution is amended.
Missouri has had four constitutions. The first, written in 1820, included an exclusion clause that prohibited "free negroes and mulattoes" from the state. This delayed Missouri's admission to the Union until 1821. The second constitution, ratified in 1865, abolished slavery.
