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{{MOConstitution}}{{TOCnestright}}The '''Missouri Constitution''' is the fundamental governing document of the state of [[Missouri]].
{{MOConstitution}}{{TOCnestright}}
The '''Missouri Constitution''' is the [[state constitution]] of Missouri.
 
{{MOConstitutionHistory}}
{{StateConstitutionDefinition}}


==Features==
==Features==
Altogether, the Missouri Constitution has 13 constitutional articles.<ref name="mo"/> The state's current constitution was adopted in 1945 and is the state's fourth constitution.  
Altogether, the Missouri Constitution has 14 constitutional articles.<ref name="mo"/> The state's current constitution was adopted in 1945 and is the state's fourth constitution.  
 
Since 1962, Missourians have been asked every twenty years if they would like to convene a [[state constitutional conventions|constitutional convention]] to revise the constitution; each time, a majority of the state's voters have rejected the proposal.<ref>[http://www.iandrinstitute.org/New%20IRI%20Website%20Info/I&R%20Research%20and%20History/I&R%20at%20the%20Statewide%20Level/Constitution%20and%20Statutes/Missouri.pdf ''I and R Institute.org'', "Missouri Constitution," accessed March 30, 2014]</ref>
 
==Background==
Missouri became the 24th state in 1821. The state's first constitution was drafted in 1820 in 38 days, and was in effect from 1821 to 1865, which was when the second constitution became effective.<ref name= history>[https://www.courts.mo.gov/page.jsp?id=1085 ''Missouri Courts'', "A Celebration of Two Constitutions," September 9, 2005]</ref>


Since 1962, Missourians have been asked every twenty years if they would like to convene a [[state constitutional conventions|constitutional convention]] to revise the constitution; each time, a healthy majority of the state's voters have rejected this proposal.<ref>[http://www.iandrinstitute.org/New%20IRI%20Website%20Info/I&R%20Research%20and%20History/I&R%20at%20the%20Statewide%20Level/Constitution%20and%20Statutes/Missouri.pdf ''I and R Institute.org'', "Missouri Constitution," accessed March 30, 2014]</ref>
The third constitution was drafted 10 years later in 1875 after a constitutional convention was held. In 1942, Missouri voters approved an initiative to call for a constitutional convention. The fourth constitution was drafted in a constitutional convention, and voters ratified the constitution in 1945. The 1945 constitution is still in place today.<ref name= history/>


==Preamble==
==Preamble==
:: ''See also: [[Preambles to state constitutions]]''
:: ''See also: [[Preamble, Missouri Constitution]] and [[Preambles to state constitutions]]''


The preamble of the Missouri Constitution states:
The preamble of the Missouri Constitution states:
Line 19: Line 28:


==[[Article I, Missouri Constitution|Article I: Bill of Rights]]==
==[[Article I, Missouri Constitution|Article I: Bill of Rights]]==
::''See also: [[Article I, Missouri Constitution]]''
Article I of the Missouri Constitution is entitled "Bill of Rights" and consists of 35 sections.<ref name="mo"/>
Article I of the Missouri Constitution is entitled "Bill of Rights" and consists of 35 sections.<ref name="mo"/>


==[[Article II, Missouri Constitution|Article II: Distribution of Powers]]==
[[Article I, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.
Article II of the Missouri Constitution is entitled "Distribution of Powers" and consists of a single section.<ref name="mo"/>
 
==[[Article II, Missouri Constitution|Article II: The Distribution of Powers]]==
::''See also: [[Article II, Missouri Constitution]]''
 
Article II of the Missouri Constitution is entitled "The Distribution of Powers" and consists of a single section.<ref name="mo"/>
 
[[Article II, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.


==[[Article III, Missouri Constitution|Article III: Legislative Department]]==
==[[Article III, Missouri Constitution|Article III: Legislative Department]]==
Article III of the Missouri Constitution is entitled "Legislative Department" and consists of 75 sections.<ref name="mo"/>
::''See also: [[Article III, Missouri Constitution]]''
 
Article III of the Missouri Constitution is entitled "Legislative Department" and consists of 53 sections.<ref name="mo"/>
 
[[Article III, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.


==[[Article IV, Missouri Constitution|Article IV: Executive Department]]==
==[[Article IV, Missouri Constitution|Article IV: Executive Department]]==
Article IV of the Missouri Constitution is entitled "Executive Department" and consists of 70 sections.<ref name="mo"/>
::''See also: [[Article IV, Missouri Constitution]]''
 
Article IV of the Missouri Constitution is entitled "Executive Department" and consists of 53 sections.<ref name="mo"/>
 
[[Article IV, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.


==[[Article V, Missouri Constitution|Article V: Judicial Department]]==
==[[Article V, Missouri Constitution|Article V: Judicial Department]]==
Article V of the Missouri Constitution is entitled "Judicial Department" and consists of 34 sections.<ref name="mo"/>
::''See also: [[Article V, Missouri Constitution]]''
 
Article V of the Missouri Constitution is entitled "Judicial Department" and consists of 27 sections.<ref name="mo"/>
 
[[Article V, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.
 
==[[Article VI, Missouri Constitution|Article VI: Local Government]]==
::''See also: [[Article VI, Missouri Constitution]]''
 
Article VI of the Missouri Constitution is entitled "Local Government" and consists of 33 sections.<ref name="mo"/>


==[[Article VI, Missouri Constitution|Article VI:Local Government]]==
[[Article VI, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.
Article VI of the Missouri Constitution is entitled Local Government and consists are various sections.<ref name="mo"/>


==[[Article VII, Missouri Constitution|Article VII: Public Officers]]==
==[[Article VII, Missouri Constitution|Article VII: Public Officers]]==
::''See also: [[Article VII, Missouri Constitution]]''
Article VII of the Missouri Constitution is entitled "Public Officers" and consists of 14 sections.<ref name="mo"/>
Article VII of the Missouri Constitution is entitled "Public Officers" and consists of 14 sections.<ref name="mo"/>
[[Article VII, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.


==[[Article VIII, Missouri Constitution|Article VIII: Suffrage and Elections]]==
==[[Article VIII, Missouri Constitution|Article VIII: Suffrage and Elections]]==
Article VIII of the Missouri Constitution is entitled "Suffrage and Elections" and consists of 22 sections.<ref name="mo"/>
::''See also: [[Article VIII, Missouri Constitution]]''
 
Article VIII of the Missouri Constitution is entitled "Suffrage and Elections."<ref name="mo"/>
 
[[Article VIII, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.


==[[Article IX, Missouri Constitution|Article IX: Education]]==
==[[Article IX, Missouri Constitution|Article IX: Education]]==
::''See also: [[Article IX, Missouri Constitution]]''
Article IX of the Missouri Constitution is entitled "Education" and consists of 10 sections.<ref name="mo"/>
Article IX of the Missouri Constitution is entitled "Education" and consists of 10 sections.<ref name="mo"/>
[[Article IX, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.


==[[Article X, Missouri Constitution|Article X: Taxation]]==
==[[Article X, Missouri Constitution|Article X: Taxation]]==
Article X of the Missouri Constitution is entitled "Taxation" and consists of 24 sections.<ref name="mo"/>
::''See also: [[Article X, Missouri Constitution]]''
 
Article X of the Missouri Constitution is entitled "Taxation" and consists of 26 sections.<ref name="mo"/>
 
[[Article X, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.


==[[Article XI, Missouri Constitution|Article XI: Corporations]]==
==[[Article XI, Missouri Constitution|Article XI: Corporations]]==
::''See also [[Article XI, Missouri Constitution]]


==[[Article XII, Missouri Constitution|Article XII: Amending the Constitution]]==
Article XI of the Missouri Constitution is entitled "Corporations" and consists of 13 sections.
::''See also: [[Article XII, Missouri Constitution]] and [[Laws governing the initiative process in Missouri]]''
 
[[Article XI, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.
 
==[[Article XII, Missouri Constitution | Article XII: Amending the Constitution]]==
::''See also: [[Article XII, Missouri Constitution]]''
 
Article XII of the Missouri Constitution is entitled "Amending the Constitution" and consists of six sections.


The Missouri Constitution can be amended via three different paths:
[[Article XII, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.


* [[Legislatively-referred constitutional amendment]]s.  Either chamber of the [[Missouri State Legislature]] is allowed to propose an amendment.  A majority of members of both chambers must approve it; if they do, the proposed amendment goes on a statewide ballot for a popular vote of the people where if a simple majority approves it, it becomes part of the constitution.
==[[Article XIII, Missouri Constitution|Article XIII: Public Employees]]==
::''See also: [[Article XIII, Missouri Constitution]]''


* [[Initiated constitutional amendment]]s.  These are discussed in [[Article III, Missouri Constitution#Section 49|Sections 49]], [[Article III, Missouri Constitution#Section 50|50]], [[Article III, Missouri Constitution#Section 51|51]] and [[Article III, Missouri Constitution#Section 53|53]] of [[Article III, Missouri Constitution|Article III]].  The number of signatures required for an {{icafull}} to go on the [[:Category:Missouri ballot measures|Missouri ballot]] is based on how  many electors voted for governor in the most recent gubernatorial election, with a very complicated [[distribution requirement]] superimposed on the basic requirement (see [[Missouri signature requirements]]).
Article XIII of the Missouri Constitution is entitled "Public Employees" and consists of three sections.


* Through a [[state constitutional conventions|constitutional convention]] as established in [[Article XII, Missouri Constitution#Section 3(a)|Section 3a of Article XII]].  A question about whether to hold a constitutional convention is to [[Automatic ballot referral|automatically]] appear on the state's ballot every twenty years.  The first of these automatic referrals under the Constitution of 1945 (Missouri's current constitution) was in 1962, [[Missouri Measure 9 (1982)|1982]] and [[Missouri Constitutional Convention (2002)|2002]].<ref>[http://www.sos.mo.gov/news.asp?id=228 ''Calling constitutional conventions: Missouri's best-kept secret]</ref>  The next will be in 2022.  In 1942, under an older version of the Missouri Constitution, voters were asked about having a constitutional convention and said "Yes." It was that convention that led to the Missouri Constitution of 1945, the state's current constitution.
[[Article XIII, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.


Votes on proposed amendments can take place at a general election or a special election.
==[[Article XIV, Missouri Constitution|Article XIV: Medical Marijuana]]==
::''See also: [[Article XIV, Missouri Constitution]]


A unique feature of Missouri's law governing constitutional amendments is a provision in [[Article XII, Missouri Constitution#Section 2(b)|Section 2(b) of Article XII]] saying that proposed amendments should be published if possible "in two newspapers of different political faith in each county."
Article XIV of the Missouri Constitution is entitled "Medical Cannabis" and consists of one section.


==[[Article XIII, Missouri Constitution|Article XIII: Public Employees]]==
[[Article XIV, Missouri Constitution | Click here]] to read this article of the Missouri Constitution.
Article XIII of the Missouri Constitution is entitled "Public Employees" and consists of 13 sections.  


==History==
==Amending the constitution==
Missouri's first and conservatively short constitution was drafted in 1820 in only 38 days.<ref name="voice">[http://www.metrovoice.net/www.metrovoice.net/2002/1102stlweb/1102articles/HistoryOfMissouri.html ''Metro Voice'', "The History of Missouri’s Constitution," accessed March 30, 2014]</ref> A constitutional convention resulted in the state's second constitution. The third constitution was drafted 10 years later. Missouri's fourth constitution was drafted in 1942 and ratified in 1945. This constitution provided for three branches of government: legislative (the [[Missouri General Assembly]]), executive (the [[Governor of Missouri]]) and judicial (the Missouri Supreme Court). The Constitution of 1945 is the current constitution.<ref>[http://library.umkc.edu/spec-col-collections/missouri-constitution ''University of Missouri - Kansas City Libraries'', "LaBudde Special Collections, Missouri Constitution Collection," accessed May 9, 2014]</ref>
::''See also: [[Article XII, Missouri Constitution]] and [[Laws governing the initiative process in Missouri]]''
{{MOConstitutionalAmendmentProcess}}


==See also==
==See also==
Line 87: Line 145:
==External links==
==External links==
{{submit a link}}
{{submit a link}}
* [https://web.archive.org/web/2/http://www.moga.mo.gov/const/moconstn.htm ''Missouri General Assembly'', "Missouri Constitution"]
* [http://revisor.mo.gov/main/Home.aspx?constit=y ''Missouri General Assembly'', "Missouri Constitution"]
* [http://historyengine.richmond.edu/episodes/view/2445 ''History Engine'', "Missouri's Third State Constitution Adopted"]
* [http://www.civilwarmo.org/educators/resources/info-sheets/constitution-1865-drake-constitution ''The Missouri History Museum'', "The Constitution of 1865 - Drake Constitution"]
* [http://www.civilwarmo.org/educators/resources/info-sheets/constitution-1865-drake-constitution ''The Civil War in Missouri'', "The Constitution of 1865 - Drake Constitution"]
* [http://felonvoting.procon.org/sourcefiles/1820_MO_Constitution.pdf ''Missouri State.edu'', "Missouri Constitution of 1820"]
* [http://www.mo.gov/ ''Missouri.gov'', "Home"]
* [http://www.thegreenpapers.com/slg/st.phtml?state=MO#con ''Green Papers'', "Historical overview of the Missouri Constitution"]
* [http://www.thegreenpapers.com/slg/st.phtml?state=MO#con ''Green Papers'', "Historical overview of the Missouri Constitution"]
* [https://www.youtube.com/watch?v=TxGCVdEmEbI ''YouTube'', "Missouri Constitution"]
* [https://www.youtube.com/watch?v=TxGCVdEmEbI ''YouTube'', "Missouri Constitution"]
==Additional reading==
*[http://www.amazon.com/Our-Federal-Constitution-Missouri/dp/1892291002  Schmidt, Alex J. (2008). ''Our Federal Constitution, Our Missouri Constitution'', New York, New York: RJS Publications]


==Footnotes==
==Footnotes==
Line 106: Line 158:


[[Category:Constitution articles by state]]
[[Category:Constitution articles by state]]
[[Category: Missouri Constitution]]

Latest revision as of 07:49, 14 December 2023

Missouri Constitution
Flag of Missouri.png
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV

The Missouri Constitution is the state constitution of Missouri.

  • The current Missouri Constitution was adopted in 1945.
  • Missouri has had four state constitutions.
  • The current state constitution has 14 articles.
  • The current Missouri Constitution has been amended 126 times.[1][2]
  • The most recent amendments to the Missouri Constitution, of which there were four, were approved in 2024.

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Features

Altogether, the Missouri Constitution has 14 constitutional articles.[3] The state's current constitution was adopted in 1945 and is the state's fourth constitution.

Since 1962, Missourians have been asked every twenty years if they would like to convene a constitutional convention to revise the constitution; each time, a majority of the state's voters have rejected the proposal.[4]

Background

Missouri became the 24th state in 1821. The state's first constitution was drafted in 1820 in 38 days, and was in effect from 1821 to 1865, which was when the second constitution became effective.[5]

The third constitution was drafted 10 years later in 1875 after a constitutional convention was held. In 1942, Missouri voters approved an initiative to call for a constitutional convention. The fourth constitution was drafted in a constitutional convention, and voters ratified the constitution in 1945. The 1945 constitution is still in place today.[5]

Preamble

See also: Preamble, Missouri Constitution and Preambles to state constitutions

The preamble of the Missouri Constitution states:

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.[3]

Article I: Bill of Rights

See also: Article I, Missouri Constitution

Article I of the Missouri Constitution is entitled "Bill of Rights" and consists of 35 sections.[3]

Click here to read this article of the Missouri Constitution.

Article II: The Distribution of Powers

See also: Article II, Missouri Constitution

Article II of the Missouri Constitution is entitled "The Distribution of Powers" and consists of a single section.[3]

Click here to read this article of the Missouri Constitution.

Article III: Legislative Department

See also: Article III, Missouri Constitution

Article III of the Missouri Constitution is entitled "Legislative Department" and consists of 53 sections.[3]

Click here to read this article of the Missouri Constitution.

Article IV: Executive Department

See also: Article IV, Missouri Constitution

Article IV of the Missouri Constitution is entitled "Executive Department" and consists of 53 sections.[3]

Click here to read this article of the Missouri Constitution.

Article V: Judicial Department

See also: Article V, Missouri Constitution

Article V of the Missouri Constitution is entitled "Judicial Department" and consists of 27 sections.[3]

Click here to read this article of the Missouri Constitution.

Article VI: Local Government

See also: Article VI, Missouri Constitution

Article VI of the Missouri Constitution is entitled "Local Government" and consists of 33 sections.[3]

Click here to read this article of the Missouri Constitution.

Article VII: Public Officers

See also: Article VII, Missouri Constitution

Article VII of the Missouri Constitution is entitled "Public Officers" and consists of 14 sections.[3]

Click here to read this article of the Missouri Constitution.

Article VIII: Suffrage and Elections

See also: Article VIII, Missouri Constitution

Article VIII of the Missouri Constitution is entitled "Suffrage and Elections."[3]

Click here to read this article of the Missouri Constitution.

Article IX: Education

See also: Article IX, Missouri Constitution

Article IX of the Missouri Constitution is entitled "Education" and consists of 10 sections.[3]

Click here to read this article of the Missouri Constitution.

Article X: Taxation

See also: Article X, Missouri Constitution

Article X of the Missouri Constitution is entitled "Taxation" and consists of 26 sections.[3]

Click here to read this article of the Missouri Constitution.

Article XI: Corporations

See also Article XI, Missouri Constitution

Article XI of the Missouri Constitution is entitled "Corporations" and consists of 13 sections.

Click here to read this article of the Missouri Constitution.

Article XII: Amending the Constitution

See also: Article XII, Missouri Constitution

Article XII of the Missouri Constitution is entitled "Amending the Constitution" and consists of six sections.

Click here to read this article of the Missouri Constitution.

Article XIII: Public Employees

See also: Article XIII, Missouri Constitution

Article XIII of the Missouri Constitution is entitled "Public Employees" and consists of three sections.

Click here to read this article of the Missouri Constitution.

Article XIV: Medical Marijuana

See also: Article XIV, Missouri Constitution

Article XIV of the Missouri Constitution is entitled "Medical Cannabis" and consists of one section.

Click here to read this article of the Missouri Constitution.

Amending the constitution

See also: Article XII, Missouri Constitution and Laws governing the initiative process in Missouri

The Missouri Constitution can be amended via three different paths—a citizen-initiated process, a legislative process, and a state constitutional convention.

Initiative

See also: Initiated constitutional amendment

An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.

In Missouri, the number of signatures required for an initiated constitutional amendment is based on the number of votes cast for governor in the state's most recent gubernatorial election. In two-thirds of Missouri's congressional districts, proponents must collect signatures equal to 8% of the gubernatorial vote for initiated constitutional amendments. A simple majority vote is required for voter approval.

Legislature

See also: Legislatively referred constitutional amendment

A simple majority vote is required during one legislative session for the Missouri General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 82 votes in the Missouri House of Representatives and 18 votes in the Missouri State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Section 3a of Article XII of the Missouri Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1942. Missouri is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Missouri 20 years 2022 2042


See also

State Constitutions Ballotpedia.png

External links

Footnotes

  1. ↑ Missouri Legislative Academy, "Constitutional Amendments, Statutory Revision and Referenda Submitted to the Voters by the General Assembly or by Initiative Petition, 1910–2010," accessed July 4, 2017
  2. ↑ This number was calculated by taking the total amendments approved from 1910 through 2010, subtracting amendments adopted prior to 1945 (the year the current constitution was adopted), and adding amendments adopted after 2010.
  3. ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 Missouri General Assembly, "Missouri Constitution," accessed March 30, 2014
  4. ↑ I and R Institute.org, "Missouri Constitution," accessed March 30, 2014
  5. ↑ 5.0 5.1 Missouri Courts, "A Celebration of Two Constitutions," September 9, 2005
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