Simone Lawson
Missouri has had four constitutions in its history, with the current one being ratified in 1945. The 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 later struck down by the US Supreme Court in Cummings v. Missouri (1867).
| Characteristics | Values |
|---|---|
| Date of adoption | 1865 |
| Duration | 10 years |
| Nickname | "Draconian Constitution" |
| Reason for adoption | To abolish slavery |
| Number of amendments proposed | N/A |
| Number of amendments adopted | N/A |
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What You'll Learn
The second Missouri constitution was ratified in 1865
The first Missouri constitution was written and adopted in 1820, a year before Missouri became a state in 1821. This constitution was a result of the Missouri Compromise, which admitted Missouri to the Union as a slave state. It specifically excluded "free negroes and mulattoes" from the state and lasted until the end of the Civil War.
Following the Civil War, Missouri, which was a border state and part of the Union, needed a new constitution to reflect the changes. The second constitution, ratified in 1865, abolished slavery and was a significant step towards freedom and equality. It is important to note that Missouri was not included in the Emancipation Proclamation due to its unique status during the war.
The second constitution of Missouri was a direct result of the state's evolving relationship with the Union and its position on slavery. It represented a shift towards a more inclusive and just society, even though it was later replaced by subsequent constitutions. Missouri has had four constitutions in total, with the current one being adopted in 1945 and amended numerous times since then.
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It abolished slavery
Missouri's second constitution, also known as the "Draconian Constitution", was written in 1865 and abolished slavery. This was a significant change from the state's first constitution, which was written in 1820 and specifically excluded "free negroes and mulattoes" from the state. The second constitution was passed by a new constitutional convention elected in November 1864, which met in January 1865 and ratified the document on June 6, 1865.
The abolition of slavery in Missouri was a result of the state's changing political landscape following the Civil War. During the war, Missouri was both a border state and part of the Union, which resulted in it not being included in the Emancipation Proclamation. However, with the end of the war and the passage of the Thirteenth Amendment in 1865, slavery was abolished nationwide, and Missouri's second constitution reflected this change.
The second constitution also included loyalty oath provisions, which were struck down by the US Supreme Court in Cummings v. Missouri (1867). This constitution remained in effect for ten years, after which a fourth constitutional convention was held in 1875, resulting in the state's third constitution.
It is worth noting that the debate around slavery in Missouri dates back to its initial application for statehood in 1817. At the time, there were bitter divisions in Congress between pro- and anti-slavery factions, with Northerners citing the Declaration of Independence and its assertion that "all men are created equal" as arguments against slavery. Despite these objections, Missouri was admitted to the Union as a slave state in 1820, as part of the Missouri Compromise, which also admitted Maine as a free state.
The issue of slavery in Missouri continued to be a source of contention in the decades that followed, with the state's second constitution in 1865 finally abolishing the practice. This reflected the broader changes occurring in the nation as a whole, as the United States emerged from the Civil War and moved towards a more inclusive and equal society.
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It was known as the 'Draconian Constitution
The second constitution of Missouri, which was ratified in 1865 following the end of the Civil War, was known as the "Draconian Constitution". This moniker was due to its loyalty oath provisions, which were struck down by the US Supreme Court in Cummings v. Missouri in 1867. The Draconian Constitution remained in effect for ten years.
The term "Draconian" is derived from the Athenian legislator Draco, who, in the 7th century BC, was commissioned to devise a written law code and constitution for Athens. This was in response to the manipulation of oral law by the Athenian aristocracy. The Draconian Constitution, or Draco's Code, was accessible to the literate and was inscribed on displaying devices. It introduced the concepts of intentional and unintentional homicide, with both crimes tried by the state, thereby rendering feuds as a form of justice illegal.
Draco's laws were known for their harsh punishments, with death as the only penalty for all crimes. These laws were said to be written in blood instead of ink, and the adjective "draconian" is now used to refer to unusually harsh punishment. For example, according to legend, severe punishments were meted out to those convicted of minor offenses such as stealing an apple.
The second Missouri constitution was passed by a new constitutional convention, which was elected in November 1864 and met in January 1865. This convention was elected due to the flight of Governor Claiborne Fox Jackson and other pro-Confederacy politicians from Jefferson City. The second constitution abolished slavery and was in effect for ten years, after which a fourth constitutional convention was held in 1875, resulting in the state's third constitution.
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It was replaced by the third constitution in 1875
The Missouri Second Constitution was replaced by the Third Constitution in 1875. This was a significant event in the state's history, as it marked the end of one constitutional era and the beginning of another. The Second Constitution had served the state for over four decades, but by the
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The current constitution was ratified in 1945
The current Missouri Constitution, the fourth in the state's history, was ratified in 1945 and remains in effect today. This was after the voters passed a call for a constitutional convention in 1942, reacting to the corruption of political "bosses" in the early 20th century, such as Tom Pendergast of Kansas City. The current constitution has been amended more than 200 times since its adoption, with at least 119 amendments made as of 2014.
The Missouri Constitution is the supreme law that formulates the law and government of Missouri and is subject only to the federal Constitution and the people. It establishes a democratic system of government with three branches: the legislative, executive, and judicial. The legislative branch, or the General Assembly, is split into the Senate and the House of Representatives, with senators elected to serve four-year terms. The executive branch is led by the Governor of Missouri, while the judicial branch is made up of judges serving on different courts, including the Supreme Court of Missouri, the Missouri Courts of Appeals, and Circuit Courts.
The Missouri Constitution also establishes local governments in the form of counties and cities, as well as other organizations like school districts and sewer districts. It includes a Bill of Rights that guarantees important 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. Additionally, it provides specific guarantees to crime victims, going beyond what is outlined in the federal constitution.
The process of amending the Missouri Constitution involves either a referral by the legislature or a petition by voters to place a proposal on the ballot. If a proposal receives enough voter support, it is then voted on by all the voters of Missouri. An amendment is passed if more than half of the voters agree to it. This direct democratic process allows the people of Missouri to have a direct say in shaping their constitution and adapting it to the changing needs of the state.
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Frequently asked questions
Missouri's second constitution was written in 1864 and ratified in 1865.
The second constitution was written following the end of the Civil War and it abolished slavery.
The second constitution 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).
The second constitution was in effect for ten years.
Missouri has had four constitutions over its two centuries of statehood. The current constitution, adopted in 1945, is the fourth and most recent one.
