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The Missouri Constitution
State Government The Missouri Constitution
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First Constitution1 of 5 Written in 1820 Statehood – August 10, 1821
Established basic structure Three branches Included Bill of Rights
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First Constitution2 of 5 Executive Branch under first constitution:
Governor – elected Lt. Governor – elected All others appointed
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First Constitution3 of 5 Legislative Branch: General Assembly
Elected by popular vote Two houses (bicameral) Each county had 1 House Representative (60)
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First Constitution4 of 5 Judicial Branch
Supreme Court Circuit Courts All judges appointed by governor for life
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First Constitution5 of 5 Opposition to first constitution
Salary of Governor ($2K) Life term of judges Appointed executives Under representation in the House
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1865 Constitution Reflected Civil War hostility
Freed Slaves (before 13th) “Iron-Clad” loyalty oath Public education
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1875 Constitution Longer than first two
Set aside 25% of state money for schools Strengthened governor’s power
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1945 Constitution Decided to rewrite rather than change Constitution Currently in use All political power comes from the people
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1945 Constitution 13 Articles
Amendments are placed within the articles
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Article I 1 of 2 BILL OF RIGHTS Adapted to “modern conditions”
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Article I 2 of 2 Rights beyond U.S. Constitution: Rights for unions
Removed discriminations against women Extended freedom of speech to radio Rights for crime victims Separation of church & state; no state monies to churches
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Article II DISTRIBUTION OF POWER
Set up 3 branches of state government: legislative, executive, judicial
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Article III LEGISLATIVE DEPARTMENT General Assembly
House of Representatives Senate
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General Assembly1 of 2 Two houses – bicameral
House of Representatives Senate Sessions begin in January Make state laws Equivalent of U.S. Congress
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General Assembly2 of 2 Bills begin in either house (except appropriation bills begin in House) Committees study bills Simple majority to pass 2/3 vote to override governor’s veto (seldom occurs) No pocket veto
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House of Reps. 1 of 4 163 Representatives 163 Districts 2 year term
Term Limits – 8 years or 4 terms
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House of Reps. 2 of 4 Qualifications for House: 24 years old
Qualified voter of Missouri for 2 years Resident of district 1 year
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House of Reps. 3 of 4 Leadership: Wanda Brown Speaker: Todd Richardson
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Senate 1 of 6 34 Senators 34 Districts Staggered 4 year term
Odd # districts elected in presidential election years
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Senate of 6 2010
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Today
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Senate 3 of 6 Term limits – 8 years or 2 terms
Approves governor’s appointments Filibusters allowed
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Senate 4 of 6 Qualifications for Senate: 30 years old
Qualified Missouri voter for 3 years Resident of district 1 year
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Senate 5 of 6 Leadership: President President Pro-tem
Lt. Governor Mike Parson President Pro-tem Ron Richard (R-32)
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Senate of 6 Our state senator 28th District ?
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Article IV EXECUTIVE DEPARTMENT Governor Succession Lt. Governor
Secretary of State Attorney General Treasurer Auditor
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Governor 1 of 4 4 year term Term limit – 2 terms
Chief executive officer Appoints officials Prepares budget
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Governor 2 of 4 Grants pardons, reprieves, commutes sentences
Line-item veto on appropriations bills State of State address Can call extra sessions of the General Assembly
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Governor 3 of 4 Qualifications for governor: 30 years old
U.S. Citizen 15 years Live in state 10 years
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Eric Greitens
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Succession Lieutenant Governor President Pro-tem of Senate
Speaker of the House Secretary of State State Auditor
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Lt. Governor 1 of 2 4 year term, no limits
Qualifications same as governor Mike Parson
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Lt. Governor 2 of 2 Responsibilities: President of Senate
Breaks ties in Senate Acting governor when governor leaves the state
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Secretary of State 1 of 2 4 year term, no limits Qualifications:
25 years old, U.S. Citizen, live in state one year John (Jay) Ashcroft
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Secretary of State 2 of 2 Responsibilities:
Keeps non-financial state records Certifies elections Keeps State Seal Publishes “Missouri Blue Book”
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Attorney General 1 of 2 4 year term, no limits Qualifications:
30 years old, U.S. citizen, live in state one year Josh Hawley
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Attorney General 2 of 2 Chief legal officer Represents state in court
Issues legal opinions on laws & issues
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Treasurer 1 of 2 4 year term Term limit – 2 terms
Qualifications: U.S. citizen, live in state one year Eric Schmitt
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Treasurer 2 of 2 Chief financial officer Collects taxes
Invests state funds Issues state payroll
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Auditor 1 of 3 4 year term, no limits
Only executive official NOT elected during presidential election year Nicole Galloway
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Auditor 2 of 3 Qualifications: 30 years old U.S. citizen 15 years
Live in state 10 years (Same as governor)
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Auditor 3 of 3 Responsibilities: Audits state agencies
Checks collection & spending of state money Audits state treasury
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Article V JUDICIAL DEPARTMENT Circuit Courts Court of Appeals
Supreme Court Missouri Plan Appeal Decisions
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Circuit Courts of 3 Original jurisdiction in state civil & criminal cases Judges – elected 6 year term Over circuit judges
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Circuit Courts 2 of 3 Qualifications: 30 years old
Qualified voter 3 years U.S. Citizen 10 years Member Missouri Bar Live in district
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Circuit Courts 3 of 3 Handling of Cases:
Judge presides Possibly a jury Both sides present evidence Benton Co.- Michael Hendrickson (30th Circuit Court)
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Court of Appeals 1 of 3 Hear cases on appeal
Something in original case not handled correctly Located in Kansas City, St. Louis, Springfield
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Court of Appeals 2 of 3 Each side argues questions of law
Panel of 3 judges If appealed again, then full panel
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Court of Appeals 3 of 3 Qualifications: 30 years old
Qualified MO Voter 9 years U.S. citizen 15 years Member Missouri Bar Live in District
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Supreme Court 1 of 2 7 Justices Located in Jefferson City
Final appeal cases State Constitution cases State revenue laws cases Final authority on State Constitution
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Supreme Court 2 of 2 Qualifications: 30 years old
Qualified MO Voter 9 years U.S. citizen 15 years Member Missouri Bar
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Missouri Supreme Court Members
Left to right: Judge Richard B. (Rick) Teitelman (died Nov. 2016) Judge George W. Draper III Judge Zel M. Fischer Chief Justice Patricia Breckenridge Judge Laura Denvir Stith Judge Paul C. Wilson Judge Mary R. Russell W. Brent Powell (shown at left)
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Missouri Plan 1 of 2 Non-partisan plan Appeals Court judges
Supreme Courts justices Commission provides governor with list of three names
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Missouri Plan 2 of 2 Governor choose one Senate approves choice
Appointee serves at least 1 year, then retaining election is held in next general election 12 year term
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Appeal Decisions Opinion of the Court Dissenting Opinion
Concurring Opinion
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Article VI LOCAL GOVERNMENT 114 counties St. Louis- city & county
County officials: Assessor, Sheriff, Collector, Prosecuting Attorney, County Clerk
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Article VII PUBLIC OFFICERS Impeachment rules House impeaches
State Supreme Court tries Special commission tries governor or Supreme Court justice All states except Oregon allow for impeachment of governor Nationally, 19 governors have been impeached, only 8 have been removed from office, most resign
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Article VIII 1 of 2 SUFFRAGE & ELECTIONS
General Elections - first Tuesday after first Monday in November in even numbered years Primary Elections - when party candidates are chosen to run in general election; held in spring of general election years
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Article VIII 2 of 2 Who Votes? U.S. citizen Resident of MO
At least 18 years old Properly registered Cannot have had right taken away
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Article IX EDUCATION Free public schools for all persons under 21 years of age Established free public libraries
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Article X TAXATION Tax money used for public purposes only
Taxes must be uniform Sales tax most important
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Article XI CORPORATIONS Rules for corporations, railroads, & banks
Forbids a state bank
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Article XII 1 of 3 AMENDING THE CONSTITUTION
Constitutional Convention vote every 20 years on whether or not to revise or rewrite constitution
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Article XII 2 of 3 Proposing Amendments: Voters approve amendments
Majority of each house Initiative petition (8% of voters in 2/3 of districts) Voters approve amendments
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Article XII 3 of 3 Initiative – allows voters to propose laws & amendments Referendum – allows voters to reject laws already passed
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Article XIII PUBLIC EMPLOYEES Rules & benefits for public employees
Outlaws nepotism
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State Symbols 1 of 9 State Seal State Bird - bluebird
State Floral Emblem - white hawthorn blossom
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State Symbols 2 of 9 State Song – “Missouri Waltz”
State Tree – flowering dogwood State Mineral - galena
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State Symbols 3 of 9 State Rock – Mozarkite State Insect – honeybee
State Musical Instrument - fiddle
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State Symbols 4 of 9 State Fossil – crinoid
State Tree Nut – Eastern Black Walnut State Animal – Missouri mule
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State Symbols 5 of 9 State American Folk Dance – square dance
State Aquatic Animal – paddlefish State Fish – channel catfish
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State Symbols 6 of 9 State Horse – Missouri fox trotting horse
State Dinosaur – hypsibema missouriense State Grape – Norton/Cynthiana Grape
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State Symbols 7 of 9 State Amphibian – American bullfrog
State Day – Missouri Day 3rd Wednesday in October State Capitol
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State Symbols of 9
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State Symbols 9 of 9 Added in 2007 State invertebrate – crayfish
State grass – Big Bluestem State game bird – Bobwhite Quail State Reptile – Three-toed Box Turtle
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State Symbol Added 2008 Added 2012 Added 2014
State Dessert – Ice Cream Cone Added 2012 State Symbol for Child Abuse Prevention Added 2014 State Exercise
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