Eleanor Finch
Missouri's third constitution was drafted in 1875 during the Reconstruction Era, as the nation dealt with the fallout of the Civil War. The constitution included a provision establishing the segregation of Missouri's school system, with separate schools for African-American children, and appropriating 25% of the state's general revenue for education. It also created the state's first intermediate appellate court, the St. Louis Court of Appeals, to relieve the congestion of cases at the Supreme Court. The 1875 constitution was amended numerous times and remained in effect for ten years until the fourth and current Missouri Constitution was ratified in 1945.
| Characteristics | Values |
|---|---|
| Date | 1875 |
| State | Missouri |
| Reason | The constitution of 1865 was seen as a "radical" document imposed by the North during Reconstruction and was unpopular with many in the state. |
| Key Provisions | - Reduced the power of the state legislature - Created a state board of education - Established a system of state asylums and charitable institutions - Provided for popular election of judges and other state officials |
| Impact | The constitution of 1875 remained in effect until 1945 and continues to influence Missouri's government today. |
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What You'll Learn
The 1875 Constitution created an intermediate appellate court
Missouri has had four constitutions over its two centuries of statehood. The third constitution was adopted in 1875 during the Reconstruction Era, which dealt with the fallout of the Civil War. This constitution created the first of what is now known as the state's intermediate appeals court.
The St. Louis Court of Appeals was established to hear appeals from and have superintending control over inferior courts in Lincoln, St. Charles, St. Louis, and Warren counties, as well as the city of St. Louis. The constitution mandated that the court have three judges chosen from within the territory it covered, with the judge with the oldest license to practice law in Missouri serving as the presiding judge. The constitution also required the court to hold two terms each year, with the first term scheduled for the first Monday in January 1876.
The creation of this intermediate appellate court was in response to the congested docket of the Supreme Court in the 1870s, which was more than two years behind. About one-third of Missouri's population, wealth, and commerce were located in St. Louis and its surrounding counties at the time. The St. Louis Bar Association urged the delegates of the 1875 constitutional convention to address this issue by creating an intermediate appellate court for the area.
In 1884, voters passed a constitutional amendment to alleviate the Supreme Court's case congestion further by expanding the St. Louis Court of Appeals' territorial jurisdiction to 51 additional counties. The court's name was changed to the Missouri Court of Appeals, Eastern District, in 1976 when a constitutional amendment unified the state's judicial branch and transferred appellate jurisdiction to a consolidated court of appeals with three geographic districts.
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It established separate schools for African-American children
Missouri has had four constitutions over its two centuries of statehood, reflecting the changes that the nation as a whole has undergone during this time. The third of these constitutions was adopted in 1875 during the Reconstruction Era, as the U.S. dealt with the fallout of the Civil War.
One of the provisions of the 1875 constitution was the establishment of separate schools for African-American children, marking the segregation of Missouri's school system. This was not the first time that Missouri's constitution had addressed the issue of race. The first constitution, written in 1820, specifically excluded "free negroes and mulattoes" from the state, although this exclusion clause was interpreted in a deliberately vague manner.
The 1875 constitution also appropriated 25% of the state's general revenue for education. This was part of a broader trend in Missouri's constitutional history, whereby the state constitution has been used to detail the organization of local governments, from counties and cities to school districts and sewer districts. Indeed, Missouri's constitution goes further than its federal counterpart in certain guarantees to its citizens, such as providing certain rights to crime victims, which are not guaranteed in the federal constitution.
The 1875 constitution also created the first of what are now known as the state's intermediate appeals courts, establishing the St. Louis Court of Appeals to hear appeals from and have superintending control over inferior courts in Lincoln, St. Charles, St. Louis, and Warren counties, as well as the city of St. Louis. This was in response to the growing congestion of the Supreme Court's docket, which by the 1870s was more than two years in arrears.
The 1875 constitution was replaced by the current constitution, which was ratified in 1945 and has since been amended numerous times.
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The constitution was a product of direct democracy
The constitution of Missouri underwent a significant revision in 1875, and this was indeed a product of direct democracy in action. The people of Missouri wanted a greater say in how their state was governed and sought to curb the power of special interests and political elites. Direct democracy was seen as a way to achieve this. At the time, there was a growing sentiment among Missourians that their state constitution, which had been in place since 1865, no longer adequately represented the will of the people. There were concerns about corruption, and a sense that the government was not responsive enough to the needs and concerns of ordinary citizens. This sentiment was particularly strong in the wake of the Civil War and the subsequent period of Reconstruction, during which Missouri, like many other states, underwent significant social and economic changes.
The call for a new constitution was led by a group of reformers who advocated for more democratic governance. They believed that the best way to achieve this was to involve as many citizens as possible in the constitution-making process. As a result, the process of creating the 1875 constitution was characterized by a high level of citizen participation and input. A series of public meetings and debates were held across the state, allowing citizens to have a direct say in shaping the document. This stands in contrast to the previous constitution, which had been drafted by a small group of delegates behind closed doors. The 1875 constitution was also notable for its inclusion of several provisions that expanded direct democracy in Missouri. For example, it introduced the initiative and referendum process, which allowed citizens to propose new laws or amendments to the constitution, and to veto laws passed by the state legislature.
Additionally, the new constitution made it easier for citizens to propose and adopt constitutional amendments, further increasing their direct influence on the governance of the state. The constitution also included provisions aimed at curbing the power of special interests and ensuring that the government remained responsive to the people. For example, it imposed term limits on state legislators and made it easier for citizens to recall elected officials who were deemed to be acting against the public interest. Overall, the 1875 Missouri Constitution represented a significant victory for proponents of direct democracy. By involving a wide range of citizens in its creation and incorporating mechanisms for direct citizen involvement in governance, it set a new standard for democratic participation in the state.
The impact of this direct democratic process extended beyond the specific provisions of the constitution. It helped foster a culture of civic engagement and empowerment among Missourians, who felt a greater sense of ownership and responsibility for the governance of their state. The process also served as a model for other states seeking to reform their constitutions and expand direct democracy. While the specific provisions and mechanisms of direct democracy in Missouri have evolved since 1875, the fundamental principles established by that constitution continue to shape the state's political system and the relationship between its citizens and their government.
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It was amended to allow constitutional amendment by initiative process
Missouri has had four constitutions over its two centuries of statehood. The fourth and current Missouri Constitution was adopted in 1945 and has been amended numerous times. The first Missouri Constitution was drafted in 1820, and the state's second constitution was ratified in 1865 following the end of the Civil War. The third constitution was adopted in 1875 during the Reconstruction Era.
The 1875 Constitution provided for, among other things, separate schools for African-American children and the establishment of the segregation of Missouri's school system. It also appropriated 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 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. The constitution details the organization of local governments, from counties and cities to school districts to sewer districts, and its taxation provisions are highly detailed. Missouri's constitution also guarantees certain rights to crime victims, which is not the case in the federal constitution.
The people of Missouri have been given the option to vote in favor of a referendum to call another constitutional convention every 20 years as part of Article XII, which established the amendment process. This has been voted on in 1962, 1982, 2002, and 2022, and will be voted on again in 2042, but the measure has never passed.
Most changes in Missouri's constitutional interpretation have occurred not through government action but through the votes of the people on explicit amendments. For example, Missouri's constitution forbade gaming until the 1990s when it was changed by voters in popular elections, not legislators or judges.
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The constitution was amended over 200 times since 1945
Missouri's current constitution, adopted in 1945, has been amended over 200 times since. This is due to the fact that, in Missouri, the constitution is controlled directly by the votes of its people. The people of Missouri are given the option to vote in favour of a referendum to call another constitutional convention every 20 years as part of Article XII. This has been voted on in 1962, 1982, 2002, and 2022, and will be voted on again in 2042, but has never passed.
The 1945 constitution was Missouri's fourth constitution, written and approved by the sixth Constitutional Convention. 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 first Missouri Constitution was written by Constitutional Convention in 1820 and adopted on July 19, 1820. It specifically excluded "free negroes and mulattoes" from the state. The second constitution was ratified in 1865 following the end of the Civil War, and ended the institution of slavery for the state. The third constitution was adopted in 1875 during the Reconstruction Era. This draft included a provision establishing the segregation of Missouri’s school system and the appropriation of 25 percent of the state’s general revenue for education. It also created the first of what we now know as the state's intermediate appeals court, establishing the St. Louis Court of Appeals.
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Frequently asked questions
Missouri created a new constitution in 1875 to establish the state's first intermediate appellate court, the St. Louis Court of Appeals, to address the growing caseload of the Supreme Court. This constitution was the third for the state and was drafted during the Reconstruction Era, following the Civil War.
Missouri has had four constitutions over its two centuries of statehood, reflecting the changes that the nation as a whole has undergone over time.
The fourth and current Missouri Constitution was ratified in 1945 and has been amended numerous times. It provides for three branches of government: legislative, executive, and judicial. It also sets up local governments in the form of counties and cities.
