Presentation on theme: "Missouri’s Constitution. ARTICLE I BILL OF RIGHTS CONSTITUTION OF THE STATE OF MISSOURI Bill of Rights In order to assert our rights, acknowledge our."— Presentation transcript:
ARTICLE I BILL OF RIGHTS CONSTITUTION OF THE STATE OF MISSOURI Bill of Rights In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare: Sec. 1. That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. Popular Sovereignty
How is Our State’s Government Organized? 3 Branches Legislative General Assembly Executive Governor & Lieutenant Governor Other Executive Branch Officials Judicial Supreme Court Lower appellate and trial courts Rules for all Missouri Officials Pay your taxes No felonies No election shenanigans
The General Assembly Consists of Two Chambers House of Representatives 163 Members Senate 34 Members General Assembly meets on the first Wednesday after the first Monday in January following each general election. Sessions typically last till May. 3/4 of the members of both houses may vote to convene the General Assembly in special session.
House of Representatives 163 members Members must be 24 years of age Voter for 2 years Dist. resident for 1 year Serve a 2 year term 8 year term limit Stacey Newman, District 73, Democrat
Missouri House of Representatives Districts from 2010 Census Several years ago in the 150th district, you could have vote for this guy!
St. Louis & K.C. House Districts Interactive Link
CHS House Districts Representative Stacey Newman, 73
Senate 34 members Members must be 30 years of age Voter for 3 years Resident for 1 year Serve a 4 year term 8 year term limit John Lamping District 24- Republican
How Bills Are Passed What kinds of bills do they consider?bills Following the bill’s passage by both House and Senate bill it is presented to Governor. Within 15 Days Governor must return bill with signed approval or objections. Bills approved by the Governor become law. If the Governor fails to return a bill within the time limits the bill becomes law.
The Initiative The people can propose new laws Don’t need action by Gen. Assy. or Gov. How does it work? To propose an amendment to the Constitution a petition must be signed by 8% of the voters in each 2/3 of the state’s 9 congressional districts. Petitions proposing new laws need signatures of 5% of such voters. Petitions must be filed with the Secretary of State at least 4 months before the next election.
Referendum The people can block new laws from going into effect if... Petitions signed by 5% of the voters in 2/3 of the congressional districts in the state, or General Assembly directs it. Any measure referred to the people shall take effect when approved by a majority of the votes cast. Majority of the voters in next election decide.
A Commercial Break… Bear With It Did you know that Missouri’s flag has two grizzly bears, symbols of citizens’ bravery and strength? But grizzlies have never actually lived in Missouri.
Executive Branch Governor Has state’s supreme executive power Appoints department heads with Senate approval Qualifications At least 30 years of age Citizen of the U.S. for at least 15 years Resident of Missouri for at least 10 years Can’t serve more than two terms.
Governor’s Powers Commander in chief of our national guard But not when it is called into the service of the U.S. May call it out to execute the laws, suppress insurrections, and repel invasion. Judicial powers Can grant: Reprieves, commutations and pardons (but not parole) for all offenses except treason and in cases of impeachment. Can appoint all appellate judges and some lower judges.
Governor’s Powers cont. Legislative Powers Gives General Assembly information about the state of the government and makes recommendations. Spending Recommendations = Balanced Budget On extraordinary occasions can convene the General Assembly Must state specifically each matter on which action is deemed necessary.
Executive Departments Revenue Highways and Transportation Agriculture Economic Development Insurance Social Services Mental Health Conservation Natural Resources Public Safety Labor and Industrial Relations Office of Administration Elementary & Secondary Education Higher Education Corrections Health & Senior Services Governor Appoints Department Heads with Senate Approval
How is Missouri doing? Unemployment in MO – 7.2% as of July 2012 In 2010, median household income in MO - $46,184 ($4,727 less than it was in 2010 when adjusted for inflation.) In 2011, 433,899 MO families received Food Stamps (Supplemental Nutrition Assistance), an increase of 134,509 families since 2007, or 45% increase. In 2010, 14% of MO population was not covered by health insurance
What Poverty Means in 2012 The U.S. Department of Health and Human Services Official Poverty Measurement in 2012 is: $11,170 for an individual $15,130 for a family of two $19,090 for a family of three; and $23,050 for a family of four
Missouri is a low tax state With a per capita 2012 state tax collection of $1583.28 per Missourian, we rank 49 th out of 50.
Missouri State Taxes Missouri ranked 48th lowest in the nation for per capita (per person) state taxes collected at $2,638 in 2008. The National Average was $3,515 per capita. In 2009, Missouri ranked 24th for individual income tax at $797 per capita compared to the national average of $83 per capita. In 2009, Missouri ranked 45th lowest for corporate income tax at $47 per capita compared to the national average of $132 per capita. In 2009, Missouri ranked 42nd lowest for general revenue sales tax at $506 per capita compared to the national average of $743
Missouri Spending on Services Missouri ranked 36th lowest in the nation on per capita state and local investment in Elementary & Secondary Education. Missouri ranked 39th lowest in the nation on per capita state and local investments in Higher Education. Missouri ranked 47th lowest for state and local spending per capita on Corrections.
Other Executive Branch Officials Lieutenant Governor Secretary of State State Auditor State Treasurer Attorney General
What do they do? Lieutenant Governor Same qualifications as the governor President Ex Officio of the Senate*. May debate all questions in Senate Votes to break ties in the Senate Acts acts Governor during absences *Not the most powerful member of Senate, however. Peter Kinder
Order of Succession If the Governor dies, is convicted, impeached or resigns, then the Lieutenant Governor shall become governor for the remainder of the term.
If there is no Lt. Governor Then President Pro Tem of the Senate Speaker of the House Secretary of State State Auditor State Treasurer Attorney General
State Auditor Official Duties Tax Payers’ Watchdog Establishes systems of accounting for all public officials of the state Inspect the finances of all state agencies, boards, and official groups. Audit the Treasury at least once annually Make all other audits and investigations required by law (county and city audits). Oh, my! That’s Emilee Schweich and her dad, Tom!!
Secretary of State Official Duties In charge of elections Custodian of the Seal of the State Keeps a register of official acts of the Governor. Maintains records of corporations and businesses registered in Missouri Robin Carnahan
State Treasurer Official Duties Manages the state’s money. Custodian of all state funds and funds received from the US government. Manages the Unclaimed Property FundUnclaimed Property Fund Clint Zweifel
Attorney General State’s Chief Legal Officer Acts as attorney for the state and its agencies Represents Missouri in all criminal appeals Protects against consumer fraud Must be an attorney and reside in Jefferson City while in office Chris Koster
When are they elected? Governor*, Lt. Governor, Secretary of State, State Treasurer* and Attorney General are elected at presidential elections for four years terms. State Auditor is elected to a four year term in off year general elections *Can’t be elected more than two times.
Who Gets to Vote for These People? Who can register to vote in Missouri? U.S. Citizens residing in Missouri must register in order to vote. Any U.S. citizen 17 years and 6 months of age or older may register and vote except: A person who is adjudged incapacitated A person who is confined under sentence of imprisonment A person who is on probation or parole after conviction of a felony until finally discharged A person after conviction of a felony or misdemeanor connected with the right of suffrage
How and where do Missourians register to vote? Qualified citizens may register in person at the office of their local election authority, by mail, at the driver's license office or at participating state agencies. YOU CAN REGISTER Driver’s License Office County Court House St. Louis City/County Bd. Of Election Commrs. By mail http://www.sos.mo.gov/elections/goVoteMissouri/regist er.aspx http://www.sos.mo.gov/elections/goVoteMissouri/regist er.aspx
What forms of ID are acceptable? Identification issued by The state of Missouri (e.g. driver’s or non driver’s license) The United States Government (e.g. Passport or Veterans card) An institution of higher education located within the state of Missouri (e.g. Mizzou card) A copy of a current utility bill, bank statement, paycheck, government check, or other government document that contains the name and address of the voter. Driver’s license or state ID card issued by another state Which of the above can clearly show that the individual is who he/she claims to be?
What if I don’t have any proper identification? Pursuant to Section 115.427, RSMo: If you do not possess any of these forms of identification, you may still cast a ballot if two supervisors, one from each political party, attest they know you.
When do Missourians register? New Missouri residents may register immediately. BUT: The deadline for registration is the fourth Wednesday prior to an election. Official election dates in Missouri: General Municipal Election Day: 1st Tuesday after the first Monday in April each year. Primary Election Day: 1st Tuesday after the first Monday in August in even-numbered years. General Election Day: 1st Tuesday after the first Monday in November of even-numbered years.
Voting You may be directed to vote in a School Government Building Church??? Curbside for a mobility disability Absentee Voting is Secret Missourians do not register their party affiliation. At primary elections voters choose which "established party"ballot they wish to vote. Can get non-partisan ballot for “issues” Party nominees and independent candidates are then listed on the general election ballot.
Missouri Voter's Bill of Rights 1. Cast your ballot free from interference in a private and secret manner unless assistance is requested. 2. View written instructions on how to obtain a ballot for voting, how to vote and prepare the ballot for deposit in the ballot box. 3. Ask for and receive further instructions from election judges concerning the manner of voting; 4. View a sample ballot in the polling place before voting. 5. Cast a vote if you are in line before the polls are closed at 7:00 PM. As a registered voter in Missouri you have the right to...
Voter's Bill of Rights Cont. 6. Ask to have the election judges or person of your choice assist you in voting if you cannot read, are blind, or have any other physical disability and cannot vote your ballot; request curbside voting or a more accessible polling location if needed. 7. Receive another ballot if your ballot is accidentally spoiled or you make an error. 8. Vote on statewide candidates and issues and federal candidates by provisional ballot if the election judges or the election authority cannot determine your registration status. 9. Vote by absentee ballot when permitted by law. 10. Verify that the choices you made on the screen match the attached voter verifiable paper audit trail if you vote on a "touch screen" system; and 11. File a grievance with the Secretary of State's office if your rights under the Help America Vote Act, Title III, have been violated.
Electioneering and Posting Signs at Polling Places Section 115.637 (18) RSMo prohibits electioneering, distributing election literature and posting signs within 25 feet of a polling place’s outer door. Violation is a Class 4 Election Offense and punishable by imprisonment up to one year and/or a fine up to $2,500.
ARTICLE I BILL OF RIGHTS GUARANTEES CONSTITUTION OF THE STATE OF MISSOURI Bill of Rights In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare: Sec. 1. That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
Rights Guaranteed to Missourians Freedom of Religion What are the limits? Does not excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others. Search Warrants Must include? A description of the place to be searched, or the person or thing to be seized Probable cause (supported by written oath or affirmation)
Rights of Persons Accused of Crimes 1. right to appear and defend--in person and by counsel 2. to demand the nature and cause of the accusation 3. to meet witnesses face to face 4. process to compel the attendance of witnesses in his behalf (subpoena power) 5. speedy public trial 6. impartial jury of the county 7. presumption of innocence
No self-incrimination No double jeopardy Bail Guaranteed—unless? Some capital offenses Flight risk Defendant poses a danger No excessive bail or cruel & unusual punishments Right to trial by jury Criminal vs. Civil 12-0 9-3
What is a Grand Jury? Treason? 12 members True Bill (9 required) Can investigate officials Not required for all felony charges (The Information) Treason Consists only in levying war or in adhering to Missouri’s enemies, giving them aid and comfort; No person can be convicted of treason, unless Testimony of two witnesses to the same overt act, or Confession in open court Also No Attainder by General Assembly No corruption of the blood No penalty for suicide
Eminent Domain “Taking” must be for public use Today’s debate is over public vs. private use Kelo v. City of New London Centene Jury trial as to “just compensation” No person shall be deprived of... property without due process of law.
You Be the Judge The following cases are all real cases that were decided by the Missouri Supreme Court… Case #1
The case of the bad driver A driver and his wife were on a highway in northern Missouri. They saw a check-point ahead and the husband quickly switched places with his wife so she sat behind the wheel when the officer stopped them. The Officer saw them switch drivers. The man was driving with a suspended Iowa license.
Section 302.321.1 Driving Under a Revoked License: A person commits the crime of driving while revoked if he operates a motor vehicle on a highway when his license or driving privilege has been cancelled, suspended or revoked under the laws of this state, and... Answer next slide Note: The man was convicted under this Missouri Law. He appealed. His case went to the MO Supreme Court. Was he wrongfully convicted?
7-0 The driver was wrongfully convicted! The law states “this” state which refers to Missouri, not Iowa. The law is not ambiguous so the Court does not look into the legislature’s intent nor does the Court instruct the legislature to change the statute’s wording. It is hard to write a perfect law! The Court may use the “Rules of Statutory Construction” to assist in interpreting the language of a law.
The case of teachers and collective bargaining rights in Missouri? Case #2
Article I Section 29 Provides the Rights of Organized Labor and Collective Bargaining: That all employees shall have the right to organize and to bargain collectively through representatives of their own choosing.
Background: The Court’s decision in 1947 and another in 1982 both ruled that this law only applies to private employees, not public. So the MO Supreme Court went back to the Constitutional Convention of 1945 notes (when the MO Constitution was rewritten) to determine intent. Answer next slide
5-2 The law applies to ALL employees! Five members of the Court decided to break with precedent.
The case of divorced dad and college tuition Case #3
Who has to pay for college? Divorced mother filed a motion to modify the father’s child support payments in order to raise sums to pay for child’s college expenses. Father filed counter-motion asking to terminate all his obligations to pay.
Section 452.340 In a proceeding for the dissolution of marriage or child support, the court may order either or both parents…to pay an amount reasonable or necessary for the support of the child, after considering all relevant factors including…The child’s educational needs.
14 th Amendment to the U.S. Constitution Section 1. … No state shall…deny to any person within its jurisdiction the equal protection of the laws.
Is this divorced father being treated differently than married fathers? Do parents have a fundamental right to refuse to educate their children in college? If yes, then so do unmarried parents. Is he treated unequally? Because a divorced father is not part of a suspect classification (like race), the Court must only apply the “rational basis” test, not strict scrutiny.
What do you think??? Is this law rationally related to a legitimate state interest which is having students attend college? Answer next slide
Court’s Decision… The father was treated unfairly! The state of Missouri has a legitimate state interest in students attending college. The Court’s decision was that parents have a fundamental duty to give their children a college education. Do you agree with this decision??
Comparing MO to Other States State Spending Per Capita 44 th lowest for State Spending Per Capita State and Local Spending Per Capita 46 th lowest for State and Local Spending Per Capita K-12 Public Schools 39 th lowest for Per Pupil Expenditures in K-12 Public Schools Higher Education 46 th Lowest Nationally for Per Capita spending on Higher Education lowest eligibility levels for Health Care One of the lowest eligibility levels for Health Care assistance for parents Statistics from Morgan Quitno State Rankings