The Missouri Constitution

The State Constitutions • Under the federal system of each

of the fifty states has its own constitution.

• Although the state constitutions contain the same basic provisions as the United States Constitution, they often are more detailed than the national constitution.

• Since Missouri entered the Union in 1821, it has had four constitutions.

Missouri’s First Three Constitutions

• Missourians wrote their first constitution in 1820 when they were seeking to become a state.

• The 1820 Constitution was the shortest of the state’s four constitutions.

• Missouri was, at the time, a young frontier state, and the first constitution was well suited to meet the needs of society at that time.

Missouri’s Second Constitution• In 1865 Missouri’s second

constitution reflected the end of the American Civil War.

• The 1865 Constitution abolished slavery in the state, but it also prevented persons who had supported the Confederate States of America from voting, holding public office, teaching, practicing law or serving as a member of the clergy.

Missouri’s Third Constitution

• Ten years later, Missouri got its third constitution.

• Missourians had already abolished the 1865 Constitution’s restrictions on former Confederates.

• 1875 Constitution contained many detailed provisions limiting the authority of both state and local government.

The 1945 Constitution

• The 1875 Constitution had become badly outdated. Many of its restrictive provisions made it difficult for the state government to meet Missouri’s changing needs.

• Although the 1945 Constitution borrowed heavily from the state’s earlier constitutions, it was designed to meet the needs of the state in the twentieth century.

• Both the executive and judicial branches have been streamlined in an attempt to better serve the people.

• The legislative branch was changed in the 1960s so that all people in the state would be equally represented in both houses of the General Assembly.

The Importance of State Government

• Missouri’s constitution is designed to permit state officials to carry out the reserved or state powers.

• The state has the power to make and enforce laws relating to: – crimes, punishment, and the protection of persons or their property– public education– marriage and divorce– mental health – social welfare services– public health– construction and maintenance of roads and bridges– licensing the practice of certain professions– formation of corporations– regulating business and private property in the public interest– conservation and natural resources

THE PREAMBLE

• 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. – the preamble makes it clear that the people

established the constitution, and it explains why they created it.

The Bill of Rights

• Article I of Missouri’s constitution contains a bill of rights which defines the basic rights that belong to all persons.

• Missouri Bill of Rights says that the government must protect those rights and that it cannot do anything that might interfere with them.

• The Missouri Bill of Rights is lengthy. It contains many separate provisions, but the rights listed in it can be grouped into three major categories: those related to government principles, those related to personal and property rights, and those related to ensuring a fair trial for persons accused of violating the law.

Government Principles

• The following items found in the Missouri Bill of Rights are intended to ensure the continuation of certain basic governmental principles: 1. All political power comes from the people.2. All governments are supposed to promote the general welfare of the people.3. All persons have the same rights and the law must treat everyone equally.4. All elections must be free and open and no official can interfere with a person’s right to vote.

Person and Property Rights • The following provisions found in the Bill of Rights are

designed to protect personal and property rights:

1. All persons are free to worship as they please.

2. Freedom of speech and press must be upheld.

3. All persons have the right to hold peaceful meetings and to petition their government for changes.

4. No person can have his or her life, liberty or property taken away without due process of the law.

5. Property can be taken away from a person only for public uses, and when that is done a fair price must be paid for the property. The right to take private property for public use is known as eminent domain.

6. All persons have the right to own firearms.

Person and Property Rights (continued)

7. Workers have the right to organize labor unions and to bargain collectively with their employers.

8. All accused persons have the right to call witnesses in their defense.

9. All accused persons are entitled to a speedy public trial by a jury of persons from their community.

10. No person can be forced to testify against himself or herself.

11. No person can be tried a second time for the same offense after he or she has been acquitted on that charge.

12. Persons accused of criminal actions have the right to be released on bail in all but the most serious crimes.

The Distribution of Powers

• Separation of Powers – Article II of the Missouri Constitution divides the

state government into three separate branches or departments: legislative, executive and judicial.

– The legislative branch is charged with making the laws.

– The executive branch is responsible for enforcing and administering the laws.

– The judicial branch is assigned the task of interpreting the laws.

The General Assembly

• The legislative or lawmaking powers in Missouri are vested in the General Assembly. The General Assembly is a bicameral, or two-house, body consisting of a House of Representatives and a Senate.

The House of Representatives

• There are 163 members in he House, and each of them is elected for a two-year term from one of the state’s 163 representative districts.

• All districts must contain approximately the same number of inhabitants so that every citizen is equally represented.

Qualifications for a State Representative

• To be elected to the House of Representatives, a person must be at least twenty-four years old and have been a qualified voter of the state for two years.

• In addition, any candidate for the office of state representative must have lived in the district which he or she represents for at least one year prior to their selection.

The Senate

• The Senate has thirty-four members elected for four-year terms.

• Each senator represents one of the state’s thirty-four senatorial districts which, like the house districts, are approximately equal in population.

• One-half of the members of the Senate are elected at the general election every two years.

Qualifications for a State Senator

• To be elected to the Missouri Senate, a person must be at least thirty years old and have been a qualified voter of the state for three years.

• In addition, any candidate for the office of state senator must have lived in the district which he or she represents for at least one year prior to their election.

Officers of the General Assembly

• The House of Representatives chooses a speaker of the house to preside over its session.

• The lieutenant governor is the presiding officer in the Senate, but the senators also elect a president pro-tem to manage their proceedings.

Speaker of the House

John Diehl

The Executive Branch (Article IV)

• The governor, lieutenant governor, secretary of state, treasurer, attorney general, and auditor are the state’s elected officers.

• The governor is the state’s chief executive official.

• In addition to the elected officials, the executive branch also includes a number of administrative departments. At the present time there are thirteen major departments and an Office of Administration.

Governor • The governor must be at least thirty

years old and must have been a citizen of the United States for at least fifteen years and a resident of Missouri for at least ten years immediately before his or her election.

• Missouri’s voters elect the governor for a four-year term.

• The governor can succeed himself, but no person can be elected to serve more than two terms as governor.

Jay Nixon

The Governor’s Powers and Duties

• The governor appoints, with the consent of the Senate, the department heads and members of boards and commissions for the major administrative departments.

• The governor has the power to appoint persons to fill all vacancies in public offices unless the law provides for another method of choosing a replacement.

• The governor is the commander-in-chief of the state militia or National Guard and may call upon it to enforce the laws, to suppress actual or threatened insurrections, and to repel invasions.

The Governor’s Powers and Duties (continued)

• The governor can grant reprieves, commutations, and pardons to persons who have been convicted of violating the state’s laws in all cases except treason or impeachment.

• At the beginning of each session of the General Assembly the governor must prepare and submit a message about the condition of the state government.

• The governor is charged with recommending to the General Assembly any measures he or she thinks are needed.

• At any time the governor may call the General Assembly into special session

The Governor’s Powers and Duties (continued)

• The governor is responsible for preparing an annual state budget.

• The governor can veto any law passed by the General Assembly as well as any specific item within an appropriations bill.

Lieutenant Governor

• The lieutenant governor must meet the same qualifications as the governor.

• The lieutenant governor serves as ex-officio president of the senate, but he or she can vote in that body only in cases of a tie vote.

• Like the governor, the lieutenant governor is elected by the people for a four-year term. The lieutenant governor is eligible for re-election.

Peter Kinder

Secretary of State

• The secretary of state is the state’s official record keeper.

• The secretary of state also serves as the state’s chief election official, publishes the Official Manual, and supervises certain laws governing Missouri corporations.

• The secretary of state serves a four-year term and may be reelected.

Jason Kander

Treasurer • The treasurer is responsible for all state

funds, and must keep an accurate record of all state revenues and moneys received and see that they are properly invested.

• The treasurer is elected for a four-year term, but as in the case of the governor, the treasurer is limited to two terms in office.

• In cases where the treasurer serves more than two years of a term to which another individual was elected, that person is eligible to serve only one additional four year term.

Clint Zweifel

Auditor • The auditor is charged with reviewing the financial

practices of the state and its various agencies. • The auditor must establish proper systems of

accounting for public officials. • The auditor also must conduct an annual audit of the

state treasury and audit the accounts of all state agencies.

• An audit is an official examination of accounts to verify that they are accurate.

• The auditor also has authority to conduct audits of local governments in the state.

• The auditor serves a four-year term and is eligible for reelection.

Nicole Gallaway

Attorney General• The attorney general is the state’s

chief legal officer. • Although the constitution does not

define the attorney general’s duties, traditionally that office provides state officials with legal advice and opinions, and its staff represents the state in court cases involving the state.

• The attorney general is elected for a four-year term and may be reelected.

Chris Koster

Executive Departments

• Office of Administration – It assists the governor in preparing the state budget.

• Department of Agriculture • Department of Conservation • Department of Revenue

– Collects Taxes

• Department of Highways and Transportation • Department of Consumer Affairs, Regulation, and

Licensing

Administrative Departments(continued)

• Department of Social Services • Department of Mental Health• Department of Elementary and

Secondary Education • Department of Higher Education• Department of Natural Resources• Department of Labor and

Industrial Relations

Administrative Departments(continued)

• Department of Public Safety– Law enforcement

• Department of Corrections and Human Resources

The Judicial Branch (Article V)

• The judicial branch interprets the laws and settles disputes involving those laws.

• The Missouri Constitution provides for a system of courts to carry out the judicial functions.

Civil and Criminal Cases • Civil cases involve differences of opinion that arise

between persons. • In a civil case the party claiming to have been wronged

(the injured party) must, in most instances, bring suit to initiate court action seeking a redress of grievances or an award of monetary damages.

• Criminal cases involve violations of the state’s criminal laws.

• Criminal acts are often divided into two categories. Major or serious crimes such as murder, rape, or bank robbery are classified as felonies, while minor criminal acts such as disturbing the peace or violating a traffic law are called misdemeanors.

The Structure of Missouri’s Court System

• Article V of the Missouri Constitution outlines the structure and organization of the state’s court system.

• It stipulates that, “The judicial power of the state shall be vested in a supreme court, a court of appeals consisting of districts as prescribed by law, and circuit courts.”

• Most civil and criminal cases originate in the circuit courts, but the decisions handed down in those courts can be appealed to the higher courts in the state.

The Supreme Court

• The supreme court is the state’s highest court.

• It decides cases that come before it on appeal or transfer from the lower courts.

• There are seven judges on the supreme court.

• Supreme court justices are selected for twelve-year terms according to the provisions of the Missouri nonpartisan plan.

Chief Justice Mary R. Russell

The Court of Appeals

• The court of appeals is the state’s second highest court.

• Currently, there are three districts with court sessions held in St. Louis, Kansas City, and Springfield.

• The court of appeals reviews cases on appeal from lower courts.

• Court of appeals judges serve twelve-year terms and are selected under the nonpartisan plan.

Circuit Courts

• The constitution grants the state circuit courts original jurisdiction over all civil and criminal cases.

• At the present time the state is divided into forty-five judicial circuits.

• Each circuit must have at least one judge.• Most circuit judges are elected by the voters in

their respective judicial circuits in the general election.

Associate Circuit Judges

• The constitution provides that each county shall have one or more resident associate circuit judges.

• Associate circuit judges are assigned to hear cases involving misdemeanors, minor civil matters, and probate business.

• Associate circuit judges serve four-year terms.

General Qualifications for Missouri Judges

• All supreme court, court of appeals, circuit, and associate circuit judges must be licensed to practice law in Missouri.

Other Courts

• In addition to the courts already mentioned, the constitution authorizes the General Assembly to make provisions for municipal or city courts.

• Like all other courts in the state, the municipal courts are subject to the general administrative control of the Missouri supreme court.

Flag Etiquette

How to Display the Flag• When the flag is displayed over the middle of the street, it should

be suspended vertically with the union to the north in an east and west street or to the east in a north and south street.

•  The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right [that means the viewer's left], and its staff should be in front of the staff of the other flag.

•  The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. By "half-staff" is meant lowering the flag to one-half the distance between the top and bottom of the staff. Crepe streamers may be affixed to spear heads or flagstaffs in a parade only by order of the President of the United States.

How to Display the Flag• When flags of States, cities, or localities, or pennants of societies

are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the right of the flag of the United States.

•When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building.

• When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half-staff.

How to Display the Flag• When the flag is used to cover a casket, it should be so placed that

the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground.

•  When the flag is displayed in a manner other than by being flown from a staff, it should be displayed flat, whether indoors or out. When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window it should be displayed in the same way, that is with the union or blue field to the left of the observer in the street.

•  That the flag, when carried in a procession with another flag, or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line.

How to Display the Flag• The flag of the United States of America should be at the center

and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.

•  When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.

• When displayed from a staff in a church or public auditorium on or off a podium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker (to the right of the audience).

How to Display the Flag

• When the flag is displayed on a car, the staff shall be fixed firmly to the chassis or clamped to the right fender.

• When hung in a window where it is viewed from the street, place the union at the head and over the left shoulder.