Omar Bennett
Missouri got its second constitution in 1865, following the end of the Civil War. The second constitution ended the institution of slavery in the state. It was known as the Draconian Constitution due to its loyalty oath provisions, which were struck down by the US Supreme Court in Cummings v. Missouri in 1867. This constitution remained in effect for ten years. The fourth and current Missouri Constitution was adopted in 1945 and has been amended more than 200 times.
| Characteristics | Values |
|---|---|
| Year Missouri got its second constitution | 1865 |
| Reason for the second constitution | To abolish slavery |
| First constitution | Adopted in 1820 |
| Current constitution | Adopted in 1945 |
| Number of constitutions in total | 4 |
| Number of amendments to the current constitution | More than 119 |
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What You'll Learn
Missouri's second constitution was ratified in 1865
The second constitution abolished slavery in Missouri, bringing it in line with the 13th Amendment to the US Constitution, which was passed later that year. Missouri was not included in the Emancipation Proclamation due to its status as both a border state and part of the Union during the war. The first Missouri constitution, drafted in 1820, specifically allowed slavery and excluded "free negroes and mulattoes" from the state.
The second constitution remained in effect for ten years, until 1875, when a fourth constitutional convention was held, resulting in the state's third constitution. Missouri's current constitution is its fourth and was ratified in 1945, after the sixth Constitutional Convention wrote and approved it. This constitution remains in effect today and has been amended numerous times.
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The second constitution abolished slavery
Missouri's second constitution was ratified in 1865, following the end of the Civil War. The second constitution abolished slavery in the state. This was necessary because, although the 13th Amendment to the U.S. Constitution abolished slavery across the country in the same year, Missouri had been admitted as a slave state in 1821.
The first Missouri constitution was drafted in 1820 and was in effect from 1821 until the end of the Civil War. Missouri was admitted as the 24th state in the Union on August 10, 1821, over a year after the first constitution was adopted. The first constitution was drafted in just 38 days and included 13 articles, establishing the boundaries of the future state, the system of government, the Missouri militia, the education system, and the amendment process.
One of the results of the Missouri Compromise was that Missouri was initially admitted to the Union as a slave state. The first 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 as a "second" compromise.
The second constitution, passed by a constitutional convention elected in November 1864, was known as the "Draconian Constitution" due to its loyalty oath provisions, which were later struck down by the US Supreme Court in Cummings v. Missouri (1867). This constitution remained in effect for ten years.
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It was known as the 'Draconian Constitution'
Missouri has had four constitutions in its history. The second Missouri state constitution was ratified in 1865 following the end of the Civil War. This second constitution was known as the "Draconian Constitution" due to its loyalty oath provisions.
The second constitution was passed by a new constitutional convention, which was elected in November 1864 and met in January 1865. It abolished slavery and was ratified on June 6, 1865. This constitution was necessary because, during the American Civil War, the Missouri Constitutional Convention (1861-63) chose not to secede but instead 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 loyalty oath provisions of the Draconian Constitution were struck down by the US Supreme Court in Cummings v. Missouri (1867). The constitution remained in effect for ten years. The fourth and current Missouri Constitution was adopted in 1945 and remains in place today. It has been amended more than 200 times, each time by popular vote following either referral by the legislature or a petition by voters to place a proposal on the ballot.
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The fourth constitution was ratified in 1945
Missouri has had four constitutions in its history, with the fourth and current constitution being ratified in 1945. This was after the sixth Constitutional Convention, which wrote and approved it over the course of a year. The 1945 constitution is still in place today and has been amended numerous times.
The fourth constitution was drafted in a constitutional convention, and voters ratified it in 1945. This constitution has been amended over 100 times since its adoption. Missourians have been given the option to vote in favour of a referendum to call another constitutional convention every 20 years as part of Article XII, which established the amendment process. However, the measure has never passed.
The current Missouri Constitution is the supreme law formulating the law and government of Missouri, subject only to the federal Constitution and the people. 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 fourth constitution was adopted in 1945, over two centuries after Missouri's first constitution was adopted on July 19, 1820. The first constitution was written by the Constitutional Convention in just 38 days and was adopted over a year before Missouri became a state in 1821. Missouri's second constitution was ratified in 1865 following the end of the Civil War, and the third in 1875.
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The 1945 constitution is still in place today
The US state of Missouri has had four constitutions in its history. The fourth and current Missouri Constitution was ratified in 1945 and remains in place today. It is the supreme law that formulates the law and government of Missouri, subject only to the federal Constitution and the people.
The 1945 Constitution was drafted during the sixth Constitutional Convention, which was approved by voters in 1942. It has been amended numerous times since its adoption, with at least 119 amendments made to date. These amendments have addressed various issues, including the legalisation of commercial gambling in 1993, the production of human embryos for stem cell research in 2006, and the regulation of medical marijuana in 2018.
The Missouri Constitution provides for 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). It also establishes local governments in the form of counties and cities. The legislative branch, or General Assembly, is further divided into the Senate and the House of Representatives, with 34 senators and 163 representatives, respectively.
The 1945 Constitution of Missouri has been amended over 200 times since its adoption, with each amendment being approved by a popular vote following either a referral by the legislature or a petition by voters. The people of Missouri have the power to propose and pass laws, and their votes directly control the state's constitution. This is a significant difference from the federal-level constitution, where laws are typically changed by government action rather than popular vote.
The current Missouri Constitution has been in place for over seven decades and has undergone numerous amendments to keep up with the changing needs of society. It remains the fundamental document that outlines the state's framework for governance, powers, structure, and limitations, as well as individual and civil rights.
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Frequently asked questions
Missouri's second constitution was ratified in 1865 following the end of the Civil War.
The second constitution abolished slavery in the state.
The second constitution remained in effect for 10 years.
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