Jonah Patel
Missouri has had four constitutions in its history, with the current one being ratified in 1945. The third constitution was drafted in 1875, ten years after the second constitution was ratified, following the end of the Civil War.
| Characteristics | Values |
|---|---|
| Year of creation | 1875 |
| Previous constitution | Second Missouri state constitution, passed in 1865 |
| Reason for creation | To replace the second constitution, which included loyalty oath provisions that were struck down by the US Supreme Court in 1867 |
| Duration of previous constitution | 10 years |
| Number of constitutional conventions | 4 |
| Current Missouri constitution | Adopted in 1945, Missouri's fourth constitution |
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What You'll Learn
Missouri's first constitution
The first constitution included 13 articles, establishing the boundaries of the future state, the system of government, the Missouri militia, the education system, and the amendment process. It began with a preamble mirroring that of the country's, written 33 years prior:
> "We, the people of Missouri, inhabiting the limits hereinafter designated, by our representatives in convention assembled, at St. Louis, on Monday the 12th day of June, 1820, do mutually agree to form and establish a free and independent republic, by the name of 'the State of Missouri;' and for the government thereof, do ordain and establish this constitution."
The territory of Missouri first applied for statehood in 1817 and was considered for the opportunity to become the 23rd state in the Union two years later. However, due to the "exclusion clause" in the first constitution, the US Congress initially did not admit Missouri to the Union. This clause was chosen to be interpreted in a deliberately vague manner.
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The 1865 constitution
Missouri's second constitution was ratified in 1865 following the end of the Civil War. It is also known as the "Draconian Constitution". During the war, the Missouri Constitutional Convention (1861-63) was elected to decide on secession. They chose against secession and 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. The convention did not produce a new constitution. Instead, they provided elections to a new constitutional convention, which was elected in November 1864 and met in January 1865.
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The 1875 constitution
Missouri's third constitution was created in 1875, during the Reconstruction Era, following the American Civil War. The fourth constitutional convention was held from May 5 to August 2, 1875, and the resulting constitution included a provision establishing the segregation of Missouri's school system, with separate schools for African-American children, and the appropriation of 25% of the state's general revenue for education. This constitution was amended in the early 1900s to allow constitutional amendment by the initiative process.
The first Missouri constitution was written by the Constitutional Convention in 1820 and adopted on July 19, 1820. It was one of the results of the Missouri Compromise, which allowed Missouri to enter the Union as a slave state, with an "exclusion clause" that specifically excluded "free negroes and mulattoes" from the state. This initial constitution included 13 articles, establishing the boundaries of the state, the system of government, the Missouri militia, the education system, and the amendment process.
The current and fourth Missouri Constitution was adopted in 1945 and remains in effect today, providing 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. Since 1945, there have been at least 119 amendments made to the Constitution, including controversial ones such as legalizing commercial gambling, allowing human embryo research, and prohibiting same-sex marriage.
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The 1945 constitution
Missouri's fourth and current constitution was ratified in 1945. It was drafted at the sixth constitutional convention, which was approved by voters in 1942. The 1945 constitution is still in place today.
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Missouri's current constitution
The Missouri Constitution is the state's supreme law, outlining its framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It establishes three branches of government: the legislative branch (the Missouri General Assembly), the executive branch (the Governor of Missouri), and the judicial branch (the Supreme Court of Missouri).
The legislative branch, or General Assembly, is split into the Senate and the House of Representatives. Senators are elected for four-year terms, while representatives are elected for two-year terms. The people in the Senate and House of Representatives write Missouri's laws. The executive branch is run by the Governor, who is elected by Missouri voters and can sign bills into law. The judicial branch is made up of judges who serve on different courts, such as the Supreme Court of Missouri, the Missouri Courts of Appeals, and the Circuit Courts. A judge's role is to interpret the constitution and laws.
The Missouri Constitution also includes a Bill of Rights, which guarantees important freedoms, such as the right to free speech and the right to practice religion. Additionally, it provides for local governments in the form of counties and cities.
According to Article XII of the current constitution, Missourians are given the option to call for a new constitutional convention every 20 years through an automatic referendum. This has been voted on in 1962, 1982, 2002, and 2022, with the next vote scheduled for 2042. However, these referendums have not passed, indicating that a majority of voters have chosen to retain the current constitution.
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Frequently asked questions
Missouri created its third constitution in 1875.
Missouri has had four constitutions in total.
Missouri became a state in 1821.
Missourians have the option to vote for a new constitution every 20 years.
