Missouri Constitution Test Prep

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Presentation transcript:

Missouri Constitution Test Prep Missouri Government Missouri Constitution Test Prep

Foundational Principles of American Democracy Limited Government Basic principle of American government which states that government is restricted in what it may do, and each individual has rights the government cannot take away Idea first established in the Magna Carta

Foundational Principles of American Democracy Separation of Powers Basic principle of American system of government, that the executive, legislative, and judicial powers are divided among three independent and co-equal branches of government

Foundational Principles of American Democracy Checks and Balances System of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others

Federalism System of government in which a written a constitution divides power between a central government and several local governments Divides power between national and state governments

14th Amendment and Due Process of Law Prohibits state and local governments from depriving person of life, liberty or property within following the correct procedures Includes Equal Protection Clause— requires each state to provide equal protection under the law to all people Applied the Bill of Rights to the States

Relationship Between National, State and Local Government Expressed/Delegated Powers—in the US Constitution specifically for the national government Reserved Powers—powers granted only to the states Concurrent Powers—powers shared by both the state and federal government

Reserved Powers Examples Marriage laws Divorce laws Traffic laws Establish public schools High school graduation requirements Regulate trade within the state Establish local government

Concurrent Powers Examples Power to tax Building roads Elections Administer criminal justice Borrow money

Hancock Amendment Prevents Missouri Government from increasing the percentage of a resident’s income tax taken as state revenue without voters approval Intended to put a limit on taxing and spending

State of Missouri Voter Requirements Voting Requirements 18 years old (can register at 17 ½) Live in the state/district Register to vote 21 days in advance Motor Voter Law of 1995—allows citizens to register to vote at DMV

Initiative vs. Referendums Initiative—law that begins as a collection of signatures, moves to a popular vote Referendum—law that originates in legislature but then must be put to a popular vote

Source of Revenue for State Revenue Largest source of State Revenue comes from taxes Income taxes Sales taxes

State Capital of Missouri Jefferson City

Missouri Compromise Compromise that allowed for statehood from Missouri as a slave state and Maine as a free state Kept the equal balance of number of slave and free states

Missouri Executive Branch Governor—Chief Executive of Missouri Qualifications 30 years old US citizen for 15 years MO resident for 10 years Terms 4 years 2 term limit Current Governor—Mike Parson

Line of Succession to Governor Lt. Governor President Pro Tempore of the Senate Speaker of the House Secretary of State

Legislative Powers of Governor Line Item Veto—allows governor to veto parts of spending bills, while passing the rest of the bill Calling Special Sessions of the General Assembly Sign Bills into Laws Veto Bill and send back to the General Assembly

Executive Powers of the Governor Commander in Chief of State Militia and State Highway Patrol Appoints Department Heads

Judicial Powers of Governor Pardons—legal forgiveness for STATE crimes Reprieves—delay of a sentence for STATE crimes Usually for death row inmates Commutations—shortens a sentence for a STATE crime

Lieutenant Governor Duties President of the Senate Votes only to break a tie Acting Governor if governor is incapacitated or absent Lieutenant Governor—Mike Kehoe

Secretary of State Executive Branch office which publishes state laws and documents Keeper of the Seal of Missouri Current Secretary of State— Jay R Ashcroft

Attorney General Executive Branch office which serves as chief legal officer (Prosecuting Attorney) in the state Current Attorney General— Eric Schmitt

Treasurer Executive Branch office which receives and pays out state money Current Treasurer- Scott Fitzpatrick

Auditor Executive Branch agency that audits state agencies Current Auditor—Nicole Galloway

Legislative Branch—Missouri General Assembly Missouri Legislature is called the General Assembly Apportionment—how representative districts are distributed Basis for representation Both House and Senate are apportioned based on population House of Represenatives—163 Representatives Senate—34 Senators

Impeachment Process State House of Representatives has the responsibility for impeachment (charge with a crime) of government officials MO Supreme Court serves as the jury in cases of impeachment

MO House of Representatives Qualifications 24 years old MO voter for 2 years District resident for 1 year Terms 2 year terms 4 year term limit

Leadership in the House Speaker of the House Presides over House of Representatives House Majority Leader Leader of Majority Party House Minority Leader Leader of Minority Party

MO Senate Qualifications Term 30 years old MO resident for 3 years District resident for 1 year Term 4 year term 2 term limit

Senate Leadership Positions President of the Senate Lt. Governor presides over Senate President Pro Tempore Presides in President of the Senate’s absence Senate Majority Leader Leader of Majority party Senate Minority Leader Leader of Minority party

Bill Becomes a Law Bill introduced Committee Hearings—changes made Debate Filibuster—delay tactic (only in the Senate) Vote Send to Governor Sign Bill Veto—both houses can vote to override with 2/3 vote Not sign a bill and after 15 days becomes law

Powers of the General Assembly Create laws Levy taxes Appropriate funds

Judicial Branch Jurisdiction—authority of a court to hear a case Original Jurisdiction First court to hear a case MO Municipal, MO Circuit and MO Supreme Court Appellate Jurisdiction Court which hears case on an appeal MO Court of Appeals and MO Supreme Court

MO Supreme Court Highest Court in Missouri Has both original and appellate jurisdiction 7 MO Supreme Court Justices 12 year terms MO Supreme Court Judges must retire at 70

Missouri Court of Appeals 2nd highest court in Missouri Holds appellate jurisdiction Judges serve 12 year term

Missouri Circuit Courts Circuit—regional units of Missouri courts Holds original jurisdiction Most cases begin here Serve 6 year term Felonies, Misdemeanors, Civil Cases and Juvenile Cases

Municipal Courts Original jurisdiction Traffic and Code violations

Small Claims Court Handles small civil cases in which people are usually not represented by a lawyer Civil claims no more than $3,000

Grand Jury v. Petit Jury Grand Jury Petit Juries (Trial juries) Examines evidence to see if there is sufficient ground for prosecution Will issue an indictment if enough evidence to send to trial Petit Juries (Trial juries) Criminal cases—determines guilt or innocence Needs a unanimous decision Civil Cases Only requires a 2/3 vote of the jury

Qualifications to be on a Jury Must be a MO resident 21 years old Speak English

Missouri Nonpartisan Court Plan MO Supreme Court and MO Court of Appeals Judges are nominated by a non-partisan judicial commission Commission sends 3 nominees to the Governor Governor will appoint 1 of 3 nominees Judges will serve 1 year, and then must be voted in by the voters of MO to retain their job If the voters deny the judge, the process starts over