The Missouri Constitution

1
The Missouri Constitution
2
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.

3
Missouris 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
  states 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.

4
Missouris Second Constitution

• In 1865 Missouris 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.

5
Missouris Third Constitution

• Ten years later, Missouri got its third
  constitution.
• Missourians had already abolished the 1865
  Constitutions restrictions on former
  Confederates.
• 1875 Constitution contained many detailed
  provisions limiting the authority of both state
  and local government.

6
The 1945 Constitution

• The 1875 Constitution had become badly outdated.
  Many of its restrictive provisions made it
  difficult for the state government to meet
  Missouris changing needs.
• Although the 1945 Constitution borrowed heavily
  from the states 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.

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The Importance of State Government

• Missouris 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

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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.

9
The Bill of Rights

• Article I of Missouris 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.

10
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 persons right to
  vote.

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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.

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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.

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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.

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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.

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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 states 163 representative districts.
• All districts must contain approximately the same
  number of inhabitants so that every citizen is
  equally represented.

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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.

17
The Senate

• The Senate has thirty-four members elected for
  four-year terms.
• Each senator represents one of the states
  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.

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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.

19
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
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The Executive Branch (Article IV)

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

21
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.
• Missouris 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
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The Governors 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.
  

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The Governors Powers and Duties (continued)

• The governor can grant reprieves, commutations,
  and pardons to persons who have been convicted of
  violating the states 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

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The Governors 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.

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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
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Secretary of State

• The secretary of state is the states official
  record keeper.
• The secretary of state also serves as the states
  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
27
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
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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
29
Attorney General

• The attorney general is the states chief legal
  officer.
• Although the constitution does not define the
  attorney generals 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
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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

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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

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Administrative Departments(continued)

• Department of Public Safety
• Law enforcement
• Department of Corrections and Human Resources

33
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.

34
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 states
  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.

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The Structure of Missouris Court System

• Article V of the Missouri Constitution outlines
  the structure and organization of the states
  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.

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The Supreme Court

• The supreme court is the states 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
37
The Court of Appeals

• The court of appeals is the states 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.

38
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.

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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.

40
General Qualifications for Missouri Judges

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

41
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.

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Flag Etiquette
43
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.

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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.

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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.

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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).

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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.