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The Missouri Constitution
State Government The Missouri Constitution
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First Constitution1 of 2 Written in 1820 Statehood – August 10, 1821
Established basic structure Three branches Included Bill of Rights
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First Constitution2 of 2 Legislative Branch: General Assembly
Elected by popular vote Two houses (bicameral) Judicial Branch Supreme Court Circuit Courts
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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:
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
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: Our Representative:
Speaker: Todd Richardson(R) Our Representative: Wanda Brown, 57th District
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Rep. Wanda Brown & Speaker of the House Todd Richardson 4 of 4
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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
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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 Peter Kinder President Pro-tem Ron Richard
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Senate of 6 Our Senator: Mike Parson
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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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Governor of 4 Jay Nixon
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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 Peter Kinder
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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 Jason Kander
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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 Chris Koster
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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 Clint Zweifel
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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
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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
From Front row, left to right: Chief Justice Richard B. (Rick) Teitelman Judge William Ray Price, Jr. Judge Mary R. Russell Judge George W. Draper III (shown below) Judge Laura Denvir Stith Judge Patricia Breckenridge Judge Zel M. Fischer Appointed, Oct. 2011
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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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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
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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 - party candidates are chosen to run in general election; held in 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 or amendments Referendum – allows voters to reject laws already passed
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Article XIII PUBLIC EMPLOYEES Rules & benefits for public employees
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State Symbols 1 of 9 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
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Newest Symbol 2008 – State Dessert – Ice Cream Cone
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