Missouri Constitution
Encyclopedia
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. The fourth and current Missouri Constitution was adopted in 1945. 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.
was elected to decide on secession, and made no changes to the constitution.
In 1865, after the American Civil War
, and again in 1875, after reconstruction, new constitutional conventions composed Missouri's second and third constitutions. In the early 1900s, the Constitution of 1875 was amended to allow constitutional amendment by the initiative
process.
In the early 20th century, Missouri was dominated by corrupt political "bosses", such as Tom Pendergast
of Kansas City
. In reaction to this, reformers used the initiative to call for a constitutional convention, and the initiative was passed by the voters in 1942. The voters ratified the new constitution in 1945. Voters rejected calls for a constitutional convention in 1962 and 1982, and the Constitution of 1945 remains Missouri's current constitution. Since 1945, there have been more than 60 amendments to the Constitution. In recent years, some of these have been both controversial and high-profile, such as legalizing commercial gambling
in 1993, Missouri Constitutional Amendment 2 (2006)
(allowing the production of human embryos for stem cell research
), Missouri Constitutional Amendment 2 (2004)
(a defense of marriage amendment prohibiting same-sex marriage
), and an English-only amendment
in 2008.
State constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
of the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
. It is the supreme law formulating the law and government of Missouri
Law and Government of Missouri
The government of the U.S. state of Missouri is organized into the state government and local government, including county government, and city and municipal government.-Constitution:...
, subject only to the federal Constitution. The fourth and current Missouri Constitution was adopted in 1945. It provides for three branches of government: legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
(the Missouri General Assembly
Missouri General Assembly
The Missouri General Assembly is the state legislature of the U.S. state of Missouri. The bicameral General Assembly is composed of a 34-member Senate, and a 163-member House of Representatives. Members of both houses of the General Assembly are subject to term limits...
), executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
(the Governor of Missouri), and judicial
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
(the Supreme Court of Missouri
Supreme Court of Missouri
The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820, and is located in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give the Supreme Court exclusive jurisdiction- the sole legal power to hear -...
). It also sets up local governments
Local government in the United States
Local government in the United States is generally structured in accordance with the laws of the various individual states. Typically each state has at least two separate tiers: counties and municipalities. Some states have their counties divided into townships...
in the form of counties and cities.
History
The first constitution was written in 1820 in only 38 days. The Missouri Constitutional Convention (1861-63)Missouri Constitutional Convention (1861-63)
The Missouri Constitutional Convention was a constitutional convention held in the state of Missouri during the American Civil War. The convention was elected in early 1861, and voted against secession...
was elected to decide on secession, and made no changes to the constitution.
In 1865, after the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, and again in 1875, after reconstruction, new constitutional conventions composed Missouri's second and third constitutions. In the early 1900s, the Constitution of 1875 was amended to allow constitutional amendment by the initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
process.
In the early 20th century, Missouri was dominated by corrupt political "bosses", such as Tom Pendergast
Tom Pendergast
Thomas Joseph Pendergast controlled Kansas City and Jackson County, Missouri as a political boss. "Boss Tom" Pendergast gave workers jobs and helped elect politicians during the Great Depression, becoming wealthy in the process.-Early years:Thomas Joseph Pendergast, also known to close friends as...
of Kansas City
Kansas City, Missouri
Kansas City, Missouri is the largest city in the U.S. state of Missouri and is the anchor city of the Kansas City Metropolitan Area, the second largest metropolitan area in Missouri. It encompasses in parts of Jackson, Clay, Cass, and Platte counties...
. In reaction to this, reformers used the initiative to call for a constitutional convention, and the initiative was passed by the voters in 1942. The voters ratified the new constitution in 1945. Voters rejected calls for a constitutional convention in 1962 and 1982, and the Constitution of 1945 remains Missouri's current constitution. Since 1945, there have been more than 60 amendments to the Constitution. In recent years, some of these have been both controversial and high-profile, such as legalizing commercial gambling
Gambling in the United States
Gambling is legally restricted in the United States, but its availability and participation is increasing. In 2007, gambling activities generated gross revenues of $92.27 billion in the United States. Commercial casinos provided 354,000 jobs, and state and local tax revenues of $5.2 billion...
in 1993, Missouri Constitutional Amendment 2 (2006)
Missouri Constitutional Amendment 2 (2006)
Missouri Constitutional Amendment 2 is a state constitutional amendment initiative that concerns stem cell research and human cloning in Missouri...
(allowing the production of human embryos for stem cell research
Stem cell controversy
The stem cell controversy is the ethical debate primarily concerning the creation, treatment, and destruction of human embryos incident to research involving embryonic stem cells. Not all stem cell research involves the creation, use, or destruction of human embryos...
), Missouri Constitutional Amendment 2 (2004)
Missouri Constitutional Amendment 2 (2004)
Constitutional Amendment 2 of 2004 is an amendment to the Missouri Constitution that prohibited same-sex marriages from being conducted or recognized in Missouri. The Amendment passed via public referendum on August 3, 2004 with 71% of voters supporting and 29% opposing. Every county voted in...
(a defense of marriage amendment prohibiting same-sex marriage
Same-sex marriage in the United States
The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
), and an English-only amendment
English-only movement
English-only movement, also known as Official English movement, refers to a political movement for the use only of the English language in official government operations through the establishing of English as the only official language in the United States...
in 2008.
Preamble
The Missouri Constitution Preamble reads:- 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.
Article I: Bill of Rights
Article I enumerates the rights of all citizens of the State of Missouri. These include that all political power is vested in and derived from the people, to alter and abolish their constitution and form of government whenever they may deem it necessary to their safety and happiness, the inherent rights “all persons have a natural right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their own industry,” the definition of treason, the right to trial by jury, that marriage in the State of Missouri is defined as being between a man and a woman, and many others.Remaining Articles
- Article II - The Distribution of Powers
- Article III - Legislative Department
- Article IV - Executive Department
- Article V - Judicial Department
- Article VI - Local Government
- Article VII - Public Officers
- Article VIII - Suffrage and Elections
- Article IX - Education
- Article X - Taxation
- Article XI - Corporations
- Article XII - Amending the Constitution
- Article XIII - Public Employees
See also
- Law and government of MissouriLaw and Government of MissouriThe government of the U.S. state of Missouri is organized into the state government and local government, including county government, and city and municipal government.-Constitution:...
- Missouri General AssemblyMissouri General AssemblyThe Missouri General Assembly is the state legislature of the U.S. state of Missouri. The bicameral General Assembly is composed of a 34-member Senate, and a 163-member House of Representatives. Members of both houses of the General Assembly are subject to term limits...
- Governor of Missouri
- Supreme Court of MissouriSupreme Court of MissouriThe Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820, and is located in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give the Supreme Court exclusive jurisdiction- the sole legal power to hear -...