Eleanor Finch
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 current Missouri Constitution, which was adopted in 1945, is the state's fourth constitution. It provides for three branches of government: legislative (the Missouri General Assembly), executive (the Governor of Missouri), and judicial (the Missouri Supreme Court and Court of Appeals). The Missouri Constitution can be amended via three different paths: a citizen-initiated process, a legislative process, and a state constitutional convention.
| Characteristics | Values |
|---|---|
| Current Missouri Constitution | Adopted in 1945, it is the fourth Missouri Constitution |
| First Constitution | Written in 1820 and adopted on July 19, 1820 |
| Second Constitution | Known as the "Draconian Constitution" due to its loyalty oath provisions |
| Third Constitution | Drafted in 1875, it provided for separate schools for African-American children |
| Amendments | At least 119 amendments have been made since 1945, with four of the most recent approved in 2024 |
| Framework | Outlines the state's governance, including powers, structure, limitations of state government, individual and civil rights |
| Government | Consists of three branches: legislative, executive, and judicial |
| Local Government | Set up in the form of counties and cities |
| Judicial Branch | Comprised of judges serving on courts like the Supreme Court of Missouri, Missouri Courts of Appeals, and Circuit Courts |
| Bill of Rights | Guarantees freedoms such as the right to speak, practice religion, own a gun, and farm |
| Amendment Process | Requires a simple majority vote during a legislative session for the Missouri General Assembly to propose an amendment |
| Voter Input | Voters are asked every 20 years if they want to convene a constitutional convention to revise the constitution |
Explore related products
What You'll Learn
History of the Missouri Constitution
The Missouri Constitution is the state constitution of Missouri, USA. 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. Missouri has had four constitutions over its two centuries of statehood, reflecting the changes that the nation has experienced over time.
The first Missouri Constitution was written by the Constitutional Convention in 1820 and adopted on July 19, 1820. This constitution came about as a result of the Missouri Compromise, which allowed Missouri to enter the Union as a slave state. The first constitution included an exclusion clause that specifically excluded "free negroes and mulattoes" from the state. This clause initially prevented the US Congress from admitting Missouri to the Union, but it was interpreted in a deliberately vague manner. 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.
The second convention in 1845 produced a constitution that was rejected by voters. During the American Civil War, the Missouri Constitutional Convention (1861-63) chose against secession and did not produce a new constitution. Instead, they operated as the de facto pro-Union government of Missouri when the governor and other politicians who supported the Confederacy fled from Jefferson City. They provided elections to a new constitutional convention, which met in January 1865 and passed the second Missouri state constitution. This constitution abolished slavery and was ratified on June 6, 1865. It was known as the "'Draconian Constitution' due to its loyalty oath provisions, which were later struck down by the US Supreme Court.
The third constitution was drafted in 1875 after a constitutional convention was held. This constitution provided for, among other things, separate schools for African-American children. In the early 1900s, the 1875 Constitution was amended to allow constitutional amendment by the initiative process. The fourth and current Missouri Constitution was adopted in 1945 and has been amended numerous times since then. It provides for three branches of government: legislative, executive, and judicial, and it also sets up local governments in the form of counties and cities.
Running vs Jogging: What's Your Pace Telling You?
You may want to see also
Missouri Constitution Amendments
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 current Missouri Constitution, adopted in 1945, is the state's fourth constitution. It has been amended 119–126 times, with the most recent amendments (4) approved in 2024.
The Missouri Constitution can be amended via three paths: a citizen-initiated process, a legislative process, and a state constitutional convention. A simple majority vote is required during a legislative session for the Missouri General Assembly to place a constitutional amendment on the ballot. This amounts to a minimum of 82 votes in the Missouri House of Representatives and 18 votes in the Missouri State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
In two-thirds of Missouri's congressional districts, proponents of a citizen-initiated constitutional amendment must collect signatures equal to 8% of the gubernatorial vote. A simple majority vote is also required for voter approval of these amendments.
Since 1962, Missourians have been asked every 20 years if they would like to convene a constitutional convention to revise the constitution. Each time, a majority of the state's voters have rejected the proposal. However, in 1942, voters passed an initiative for a sixth constitutional convention, and the new constitution was ratified in 1945.
Some notable amendments to the Missouri Constitution include:
- Legalizing commercial gambling in 1993
- Missouri Constitutional Amendment 2 (2004): an amendment prohibiting same-sex marriage
- Missouri Constitutional Amendment 2 (2006): allowing the production of human embryos for stem cell research
- An English-only amendment in 2008
- An amendment in 2018 that legalized and regulated medical marijuana
The USS Constitution's First Prize: HMS Guerriere
You may want to see also
Missouri's Judicial Branch
Missouri's current constitution, adopted in 1945, is the state's fourth constitution and provides for three branches of government: legislative, executive, and judicial. The Missouri Supreme Court, located in Jefferson City, is the final arbiter of disputes involving the state's constitution and laws, ensuring a stable and predictable system of justice. The Office of State Courts Administrator (OSCA) provides administrative support to the Missouri state court system. The Missouri State Public Defender offers legal representation to all indigent citizens at various court levels, including the State Trial Court, Appellate Court, Missouri Supreme Court, and U.S. Supreme Court.
Article V of the Missouri Constitution, consisting of 27 sections, is dedicated to the "Judicial Department." This article likely outlines the structure, powers, and limitations of the state's judicial branch, including the roles and responsibilities of the Supreme Court, lower courts, and any related entities. The Missouri Constitution can be amended through three paths: a citizen-initiated process, a legislative process, and a state constitutional convention. Amendments do not require the governor's signature and can be placed on the ballot with a simple majority vote during a legislative session.
The Missouri Constitution has undergone numerous amendments since its adoption in 1945, with at least 119 amendments made. Some recent amendments include the legalization of commercial gambling in 1993, the allowance for human embryo research in 2006, and the legalization of medical marijuana in 2018. The constitution also establishes local governments in the form of counties and cities, outlining the framework for governance and the rights of citizens.
The website of the Office of State Courts Administrator, courts.mo.gov, offers a wealth of information about Missouri's judicial system, legal resources, news, publications, and attorney information. This website can be a valuable resource for those seeking detailed information on Missouri's judicial branch, court systems, and legal processes.
The Travel Ban: Unconstitutional?
You may want to see also
Explore related products
$19.99 $3.89
Missouri Constitution Bill of Rights
The Missouri Constitution is the state constitution of the U.S. State of Missouri. It is the supreme law that outlines the law and government of Missouri, subject only to the federal Constitution and the people. The current constitution, adopted in 1945, is the state's fourth constitution. 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 establishes local governments in the form of counties and cities.
The Missouri Constitution's Bill of Rights gives the people of Missouri important freedoms. For example, the Bill of Rights protects the right to speak and the right to practice religion. The Bill of Rights also protects other things like a person’s right to own a gun and right to farm. The Missouri Constitution can be amended via three different paths: a citizen-initiated process, a legislative process, and a state constitutional convention.
The Missouri Constitution's Bill of Rights includes several sections that outline the rights of individuals in the state. Some of these sections include:
- Section 18 outlines the rights of the accused in criminal prosecutions, including depositions in felony cases and the admissibility of evidence.
- Section 19 addresses self-incrimination and double jeopardy, protecting individuals from being tried twice for the same offence.
- Section 20 guarantees the right to bail, with certain exceptions outlined in the constitution.
- Section 21 prohibits excessive bail and fines, as well as cruel and unusual punishment.
- Section 22 affirms the right to a trial by jury, including qualifications for jurors and the requirement for a two-thirds verdict.
- Section 23 recognizes the right to keep and bear arms, ammunition, and certain accessories, with specific exceptions and the right to be unalienable.
- Section 25 pertains to elections and the right of suffrage, ensuring the right to vote and participate in the democratic process.
These sections, among others, form the Bill of Rights within the Missouri Constitution, safeguarding the fundamental rights and freedoms of the state's citizens.
Understanding the Constitution's Preamble: A Beginner's Guide
You may want to see also
How to Change the Missouri Constitution
The Missouri Constitution is the state constitution of the U.S. State of Missouri. It is the supreme law formulating the law and government of Missouri, subject only to the federal Constitution and the people. Missouri has had four constitutions in its history, and the current constitution was adopted in 1945 and remains in place today.
The Missouri Constitution can be amended via three different paths: a citizen-initiated process, a legislative process, and a state constitutional convention.
Citizen-Initiated Process
For a citizen-initiated constitutional amendment, the number of signatures required is based on the number of votes cast for the governor in the state's most recent gubernatorial election. In two-thirds of Missouri's congressional districts, proponents must collect signatures equal to 8% of the gubernatorial vote for initiated constitutional amendments. A simple majority vote is required for voter approval.
Legislative Process
A simple majority vote is required during one legislative session for the Missouri General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 82 votes in the Missouri House of Representatives and 18 votes in the Missouri State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
State Constitutional Convention
According to Section 3a of Article XII of the Missouri Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1942. Missouri is one of 14 states that provides for an automatic constitutional convention question. Since 1962, Missourians have been asked every twenty years if they would like to convene a constitutional convention to revise the constitution; each time, a majority of the state's voters have rejected the proposal.
The Road to the US Constitution
You may want to see also
Frequently asked questions
The Missouri Constitution is available to read online at sites such as Ballotpedia and Wikipedia.
There have been four Missouri state constitutions. The current constitution, adopted in 1945, is the fourth.
The Missouri Constitution has been amended at least 119 times since 1945. You can find out about the amendments on the same websites as the full constitution.
Yes, citizens can suggest changes (also known as bills) but they must get support from five per cent of Missouri voters on a 'petition'. If enough people sign, all Missouri voters decide if the bill should be a law.
