Presentation on theme: "I.Analyze the Missouri state government‘s historical arrangement and constitutional issues. Main Idea (1a):Constitution Issues. UNIT 4: The Missouri Constitution."— Presentation transcript:
I.Analyze the Missouri state government‘s historical arrangement and constitutional issues. Main Idea (1a):Constitution Issues. UNIT 4: The Missouri Constitution Liberty and the LawMr. Presley
A. MAIN IDEA - Constitution Issues Missouri’s Constitution reflects a majority of the American principles displayed in the Federal Constitution. Written in only 38 days, Missouri's first and conservatively short Constitution (June 12, 1820) exhibited fiercely racial tones, for the General Assembly’s job was “...to prevent free Negroes and mulattoes from coming to, and settling in, this state, under any pretext whatsoever.”
Missouri’s second Constitution (the Drake Constitution) was adopted April 10, 1865, and featured emancipation of slaves and the disenfranchisement of persons who were sympathetic to the CSA. The Radicals included an "Ironclad Oath" in the new constitution to exclude former Confederate sympathizers from the vote and certain occupations, severely limiting their civil rights. Missouri’s third Constitution was adopted (October 30, 1875) radical limitations were annulled and more progressive tools of democracy were added.
In 1942 the voters adopted the call for a convention, and the newly revised constitution was written (1943-44), and the electorate adopted it (March 30, 1945) as Missouri's current Constitution. The 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. Almost sixty amendments have been made to the state’s Constitution since 1945.
The Article I of the Missouri Constitution deals with a Bill of Rights, which includes many of the same provisions of the Federal Bill of Rights plus some interesting additions. Besides freedom of religion, expression, assembly, to keep or bear arms (subject to state control), there are the usual procedural protections are included, such as trial rights and protection against unreasonable search and seizure. Peculiar items include labor unions protection and collective bargaining.
Of course, life, liberty, and the pursuit of happiness (from the Declaration of Independence), and equal protection of the law (from the Federal Fourteenth Amendment) are also safeguarded. The Missouri Bill of Rights also claims state sovereignty (a claim that Missouri is totally free to make all her own decisions), and popular sovereignty (the people rule or are the basic power in the state.)
The Missouri Constitution incorporates a number of regulations for public structures and individuals. First of all, it outlines impeachment process, trial of removal, qualifications, oath and tenure, and other issues for public officers (Article VII). Secondly, it also sets of a commission, board, and funding structure for public education (Article IX). Thirdly, the charter delineate taxation power, rates, exclusions, and assessments (Article X). Fourthly, the constitution defines and classifies corporations, as well as setting specific rules and regulations for the railroad and banks (Article XI). Fifthly, it sets up benefits, compensations, and qualifications for public employees (Article XIII).
Finally, the amendment procedure is set up under Article XII of the Missouri Constitution, which makes the current constitution up-to-date, is either by the initiative petition method or proposal by the General Assembly. The ratification of all amendments is by the people at a general election. To pass, all proposed amendments must receive a simple majority of those voting. In time, the current constitution will need to be replaced since the amendments process can make a patchwork quilt of the document, dulling its scope and intent. As it becomes less effective a new codification will be required, and thus a new constitutional convention will be called resulting in a new constitution for Missouri.