Missouri's Second Constitution: When Did It Come To Be?

Missouri's second constitution was ratified in 1865 following the end of the Civil War. The second constitution ended slavery in the state, though Missouri was not included in the Emancipation Proclamation due to its status as a border state and part of the Union during the war. This second constitution 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. It remained in effect for 10 years and was replaced by a third constitution in 1875.

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The second constitution was ratified in 1865

Missouri's second constitution was ratified in 1865, following the end of the Civil War. The state's first constitution was drafted in 1820 and was in effect from 1821 until 1865, when the second constitution came into effect. The second constitution was significant as it abolished slavery in the state. This was particularly notable because Missouri had been a slave state since its admission to the Union in 1821. The second constitution also became 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 in 1867.

During the Civil War, the Missouri Constitutional Convention (1861-1863) was tasked with deciding on secession. However, they voted against secession and instead operated as the de facto pro-Union government when the governor and other politicians supporting the Confederacy fled from Jefferson City. This convention did not produce a new constitution, but it provided elections for a new constitutional convention, which was elected in November 1864 and passed the second constitution that came into effect in 1865.

The second constitution remained in effect for ten years, until 1875, when Missouri adopted its third constitution. This third constitution was drafted during the Reconstruction Era and included provisions for the segregation of the state's school system and the appropriation of 25% of the state's general revenue for education. Missouri's current and fourth constitution was ratified in 1945 after a sixth constitutional convention wrote and approved it. This constitution has been amended numerous times but remains the state's governing document today.

The process of amending the Missouri Constitution is outlined in Article XII, which provides for an automatic referendum to appear on the ballot every 20 years, offering voters the option to call for a new constitutional convention. While this referendum has appeared on ballots in 1962, 1982, 2002, and 2022, it has not passed to date. The Missouri Constitution can also be amended through a citizen-initiated process, a legislative process, or a state constitutional convention.

It abolished slavery in Missouri

Missouri's second constitution was ratified in 1865 following the end of the Civil War. This constitution abolished slavery in the state.

During the American Civil War, the Missouri Constitutional Convention (1861-63) was assembled to decide on secession. They voted against secession and, instead, operated as the de facto pro-Union government of Missouri when the governor and other politicians who supported the Confederacy fled from Jefferson City. This convention did not produce a new constitution. However, it provided for elections to a new constitutional convention, which was elected in November 1864. This second convention met in January 1865 and passed the second Missouri state constitution, which included the abolition of slavery.

The first Missouri state constitution, written in 1820, specifically excluded "free negroes and mulattoes" from the state. This "exclusion clause" was deliberately interpreted vaguely as a "second" compromise, as Missouri was admitted to the Union as a slave state.

The second constitution ended the institution of slavery in Missouri, though it 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, until 1875, when the third constitution was drafted.

The fourth and current Missouri Constitution was adopted in 1945 and has been amended numerous times since.

It was known as the Draconian Constitution

Missouri's second constitution, ratified in 1865 following the end of the Civil War, was known as the "Draconian Constitution". This constitution was drafted by the second Missouri Constitutional Convention (1864-65), which was elected in November 1864 and met in January 1865. The constitution abolished slavery in Missouri, filling a gap left by the Emancipation Proclamation, which did not apply to the state due to its status as a border state and part of the Union during the war. The 13th Amendment to the U.S. Constitution later abolished slavery across the country in the same year.

The "Draconian Constitution" earned its nickname due to its controversial loyalty oath provisions. These provisions were struck down by the U.S. Supreme Court in Cummings v. Missouri in 1867, and the constitution remained in effect for only ten years. Missouri's third constitution was adopted in 1875, during the Reconstruction Era, which addressed the fallout of the Civil War.

The second constitution was a significant departure from the first, which was adopted in 1820 and remained in effect until 1865. Missouri's first constitution was drafted in just 38 days and included an exclusion clause that specifically excluded "free negroes and mulattoes" from the state. This clause initially prevented Missouri from being admitted to the Union, but a deliberate interpretation of the clause as a "second" compromise eventually allowed statehood.

The current Missouri Constitution, adopted in 1945, is the state's fourth constitution and has been amended numerous times. 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). It also sets up local governments in the form of counties and cities.

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It was in effect for 10 years

Missouri's second 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, which were struck down by the US Supreme Court in Cummings v. Missouri in 1867.

The second constitution was in effect for 10 years, from 1865 to 1875. During this period, Missouri operated with a de facto pro-Union government after Governor Claiborne Fox Jackson and other politicians who supported the Confederacy fled from Jefferson City during the Civil War.

The second constitution abolished slavery in the state, reflecting the changes occurring across the nation at the time. However, it is important to note that Missouri was not included in the Emancipation Proclamation due to its status as a border state and its allegiance to the Union during the war. The 13th Amendment to the U.S. Constitution later abolished slavery nationwide in the same year.

The second constitution's relatively short duration could be attributed to the post-Civil War era, as the nation grappled with the aftermath of the conflict. Missouri's third constitution was adopted in 1875, during the Reconstruction Era, which aimed to address the fallout of the Civil War and included provisions for the segregation of the state's school system and the appropriation of education funding.

The third constitution was drafted in 1875

Missouri has had four constitutions in its history, with the first being adopted in 1820. The third constitution was drafted in 1875, during the Reconstruction Era, in the aftermath of the Civil War. This constitution was drafted by the fourth constitutional convention, which met from May 5 to August 2.

The 1875 constitution included a provision for the segregation of Missouri's school system, mandating separate schools for African-American children. It also stipulated that 25% of the state's general revenue be allocated to education. The preamble of this constitution read: "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." This preamble was also used in the 1945 constitution, which is Missouri's current constitution.

The 1875 constitution was amended in the early 1900s to allow constitutional amendment by the initiative process. This allowed citizens to propose and pass laws, contributing to a more democratic process in the state.

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