Missouri Constitution Part I Outline Missouri Constitution

Outline of the Missouri Constitution Article 1 – Bill of Rights Article 2 – Distribution of Power Article 3 – Legislative Branch Article 4 – Executive Branch Article 5 – Judicial Branch Article 6 – Local Government Article 7 – Public Officers Article 8 – Suffrage & Elections Article 9 – Education Article 10 – Taxation Article 11 – Corporations, Railroads and Banks Article 12 – Amending the Constitution Article 13 – Public Employees Three Branches of Government * Areas of Focus

Preamble to the Missouri Constitution 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.

Number of Constitutions 1st – 1820 (Statehood) 2nd – 1865 (End of the Civil War) 3rd – 1875 (End of Reconstruction) 4th – 1945 (Reform of Government)

MO Branches of Government Legislative Branch – Make Laws Executive Branch – Enforce Laws Judicial Branch – Interpret Laws

Capitol of Missouri Jefferson City, Missouri

Missouri Constitution Part II Legislative Branch of Missouri

Structure of the Missouri Legislative Branch Called the General Assembly Bicameral Legislature Session starts on the 1st Wednesday after the first Monday in January Session ends no later than at midnight, May 30

House of Representatives (Lower House) Number of Members – 163 Term of Office – 2 years Term Limit – 4 terms (8 years) Head of the House – Speaker Districts – Divided equally by population Qualifications: 24 years old Be a registered Voter for 2 years Live in the district you represent Specific Powers: Starts Impeachment

State Senate (Upper House) Number of Members – 34 Term of Office – 4 years Term Limit – 2 terms (8 years) Head of the Senate – Lieutenant Governor Job is to break ties 2nd Head – President Pro Tempore Districts – Divided equally by population Qualifications: 30 years old Be a registered Voter for 3 years Live in the District that you represent

General Assembly Powers & Limitations Members are paid General Assembly oversees: Make Laws Oversee State Lottery Oversee Riverboat Gambling Creation of Congressional Districts Provide for a militia Members must vote in order for the government to spend money

General Assembly Missouri House Missouri Senate

Missouri Constitution Part III Executive Branch of Missouri

Structure of the Missouri Executive Branch Separately Elected Executive Offices: Governor Lieutenant Governor State Auditor Secretary of State State Treasurer Attorney General

Governor Term of Office – 4 years Term Limit – 2 terms (8 years) Qualifications: 30 years old US Citizen for 15 years Missouri resident for 10 years

Powers of the Governor Pardon or Reprieve Make Appointments Commander-in-Chief of State Militia & National Guard Call Special Sessions Liaison to the Federal Government Veto bills from General Assembly

Lieutenant Governor Term of Office – 4 years Qualifications: (Same a Governor) 30 years old US Citizen for 15 years Missouri resident for 10 years

Powers of the Lt. Governor President of the State Senate 1st in Line to be Governor Breaks ties in the Senate By law, must serve on several state boards

State Auditor Term of Office – 4 years Qualifications : (Same a Governor) 30 years old US Citizen for 15 years Missouri resident for 10 years

Powers of the State Auditor Keep all financial records (accounting) Auditor state agencies

Secretary of State Term of Office – 4 years Qualifications: 18 years old US Citizen Missouri resident for 1 year

Powers of the Secretary of State Keep all non-financial records Oversees elections

State Treasurer Term of Office – 4 years Term Limit – 2 terms (8 years) Qualifications: (Same a Secretary of State) 18 years old US Citizen Missouri resident for 1 year

Powers of the State Treasurer Oversee collection, holding and distribution of state funds

Attorney General Term of Office – 4 years Qualifications: 18 years old US Citizen Missouri resident for 1 year Pass the Missouri Bar

Powers of the Attorney General Chief Law Enforcement Officer Chief Defense Attorney representing the state

Non-Elective Executive Branch Offices Missouri has 16 branch departments Must be approved by the Senate Missouri has more than 350 boards and commissions

Governor’s Mansion

Missouri Constitution Part IV Judicial Branch of Missouri

Structure of the Missouri Judicial Branch Supreme Court Appeals Court    3                Circuit Court 45

Judicial Circuits of Missouri

Appeals Districts of Missouri

Supreme Court Structure Number of Members – 7 Term of Office – 12 years Term Limit – none – except mandatory retirement at 70 years old Head – Chief Justice (rotated every 2 years) Qualifications: 30 years old US Citizen for 15 years Be a registered Voter for 9 years Must pass the Missouri Bar

Appeal Court Structure Number of Members – at least 3 Term of Office – 12 years Term Limit – none – except mandatory retirement at 70 years old Qualifications: 30 years old US Citizen for 15 years Be a registered Voter for 9 years Must Live in their Appeals District Must pass the Missouri Bar

Circuit Court Structure Term of Office – 6 years Term Limit – none – except mandatory retirement at 70 years old Qualifications: 30 years old US Citizen for 10 years Be a registered Voter for 3 years Must live in their circuit for 1 year Must pass the Missouri Bar Associate Judges on this level

Missouri Plan System of electing state judges Details: Established in 1940 Requires judges in Kansas City, St. Louis City, and other counties with non-partisan judges to be elected 3 nominations are sent to the governor by a judicial nominating committee Governor has 60 days to choose one Nominee is then placed on the ballot for a retention election for yes or no vote 14 states currently use a version of the Missouri Plan

Types of Cases State Constitution State Law Federal Law, Constitution US treaty The state's revenue laws. State Election Disputes Imposition of the death penalty.

Other Information Judges are paid They can be removed by impeachment Must remain non-partisan

Missouri Supreme Court

Missouri Constitution Part V Missouri Government Checks & Balances

MO State Checks & Balances Override Vetoes Impeach Confirm Appointments Oversight Judicial Review Impeachment Trial Veto Call Special Sessions Impeach Creates Lower Courts Judge Selection Committee Selects Judges Pardon & Reprieve Judicial Review Impeachment Trial

Missouri Constitution Part VI Lawmaking in the State of Missouri

Three Types of Lawmaking General Assembly Method Initiative Method Referendum Method

Three Types of Lawmaking Bills dealing with Money must begin in the State House of Representatives $ $ $ $

General Assembly Method House Committee Senate Committee Whole House Whole Senate

General Assembly Method 2/3 Override General Assembly Governor Sign It Becomes Law! Pocket Veto Automatically Law! Veto It Sent Back to General Assembly

Initiative Method Types: Purpose: Constitutional Initiative (Change the Missouri Constitution) Statutory Initiative (Change or create a new state law) Purpose: The people can make law directly without the legislature

Initiative Method Petition Secretary of State Statewide Election 8% of registered voters in 2/3 of Congressional Districts 5% of registered voters in 2/3 of Congressional Districts Secretary of State Verifies signatures are of registered voters. The number of legal voters is determined by the total # of votes cast for governor in the last election Statewide Election Initiative is placed on statewide ballot for consideration of all citizens. The initiative passes with a majority vote.

Referendum Method Types: Purpose: Constitutional Referedum (Change the Missouri Constitution) Statutory Referendum (Change or create a new state law) Purpose: The people can approve actions by the General Assembly, bypassing the Governor

General Assembly passes bill for consideration in a referendum Referendum Method #1 General Assembly General Assembly passes bill for consideration in a referendum Statewide Election Referendum is placed on statewide ballot for consideration of all citizens. The referendum passes with a majority vote. Bypass the Governor

General Assembly passes bill for consideration in a referendum Referendum Method #2 General Assembly General Assembly passes bill for consideration in a referendum Petition 5% of registered voters in 2/3 of Congressional Districts within 90 days of the final adjournment of the session of the General Assembly in which the bill was passed. Secretary of State Verifies signatures are of registered voters. The number of legal voters is determined by the total # of votes cast for governor in the last election Statewide Election Referendum is placed on statewide ballot for veto consideration of all citizens. The veto referendum passes with a majority vote. * Referendum Method #2 is a very rare event

Missouri Constitution Part VII Amending the Missouri State Constitution

Three Amendment Procedures Referendum Method Initiative Method Constitutional Convention

Referendum Method Majority vote of both houses of the General Assembly Majority vote of the people

Initiative Method Must gather petitions Majority vote of the people Equal to 8% of total number of votes cast for governor in last election in 2/3 of Congressional Districts Majority vote of the people

Constitutional Convention Called by Initiative Process Constitution automatically places question on the ballot every 20 years Next time will by November, 2022 If it is called 15 at-large non-partisan delegates elected 2 delegates per Senatorial District. No more than one per party allowed.

Constitutional Convention Convention is held within 6 months Once written, it is submitted to the voters of the state for their approval by majority vote.

Missouri Constitution Part VIII Impeachment in the State of Missouri

Trial held by the Supreme Court Impeachment Process Charges of Impeachment brought by the House. Simple Majority needed to Impeach. (any public officer) Public Officers Trial held by the Supreme Court State Senate Selects seven judges to hold the impeachment trial in place of the Supreme Court or Supreme Court Memebers Governor State Senate

Missouri Constitution Part IX Federalism & Role with Missouri Government

Reserved Powers of the State through Federalism Enumerated (Expressed) Powers Implied Powers Concurrent Powers Powers that are shared by the National and state governments Law Enforcement Taxes Reserved Powers Powers that are reserved to the states (US Amendment 10) Fishing License Drivers Licenses Specific state laws

Missouri Constitution Part X Local Government within Missouri

Types of Local Governments in Missouri General Purpose Governments Local Governments with broad powers Specific Purpose Local governments with limited powers; generally only perform one function

General Purpose Governments Municipalities (General Purpose) Incorporated Local Government Classified by Population Cities Towns Villages Examples: Kansas City, Springfield, Independence, St. Louis, Columbia, Lee’s Summit, Baldwin, Hannibal, St. Joseph, Cape Girardeau, Ste. Genevieve (Missouri’s oldest), Warrensburg, Jefferson City, Joplin, Bolivar, Harrisonville, Lakeside (pop. 37), River Bend (pop. 12)

General Purpose Governments County (General Purpose) Missouri is divided into 114 counties Missouri has one independent city of St. Louis (Which is separate from St. Louis County) Each county has a county seat of government, law enforcement, and state courthouse Counties are classified into 4 type, depending on their assessed property value Functions of a county vary due to population

General Purpose Governments Missouri has: 114 counties and the Independent city of St. Louis

General Purpose Governments Townships (Special Purpose or General Purpose) A division of a county Usually only has a specific purpose, like water or road maintenance, but can have general purpose A few in Missouri still have elected governments

Specific Purpose Governments School Districts Fire Protection Water Service Road Maintenance Library Drainage Soil Conservation Ambulance Sewer Health Services Nursing Homes Etc. Local Governments with only one purpose and can use state revenue for only one area.

Missouri Constitution Part XII Odds and Ends with Missouri Government

Fact of Missouri Became a state on August 10, 1821 (24th state) Missouri has had three cities as its capitol: 1st) St. Louis, 2nd) St. Charles, 3rd) Jefferson City Missouri currently has nine members sent to the US House of Representatives State Seal: Salus Populi Suprema Ex Esto “The Welfare of the People shall be the Supreme Law” Missouri is bordered by eight states: Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas, & Nebraska

Fact of Missouri Missouri State Seal

Suffrage People of Missouri are guaranteed the right to vote This is a power that the citizens of Missouri have to influence their government

State Revenue How does the state raise money? 1st: 32.4% - State Income Tax 2nd: 27.1% - State Sales Tax

FLAG OF MISSOURI DESIGNED: Marie Elizabeth Watkins Oliver ADOPTED: 1913 RED STRIPE: Valor WHITE STRIPE: Purity BLUE STRIPE: Vigilance and Justice STARS IN A CIRCLE: 24th state in the Union The Bald Eagle grasping the olive branches of peace and the arrows of war in its talons. This represents the strength and powers of the Federal Government. The small grizzly bear symbolizes the strength and bravery of the citizens of the State. The crescent moon symbolizes the State of Missouri at the time of its induction into the union; a State with a small population and wealth and huge potential. The crescent moon also symbolizes the "second son." Missouri was the second State to be carved from the territory acquired with the Louisiana Purchase. The shield is encircled by a belt inscribed "United we stand, divided we fall" indicating the advantage of the union of the United States. Two more grizzly bears, one on each side of the shield, echo the bravery and strength of the State's citizens. They are standing on a scroll displaying the Missouri State Motto, Salus Populi Suprema Lex Esto (Let the welfare of the people be the supreme law). Below the scroll are the Roman Numerals for 1820, the year that Missouri became a member of the United States. Above the shield a helmet is depicted, representing Missouri as a sovereign State. A large star surrounded by 23 smaller stars signifies Missouri's status as the 24th State. A cloud around the large star represents the difficulties that Missouri endured on its way to Statehood.

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