The Missouri Constitution

THE MISSOURI CONSTITUTION

While all state constitutions must guarantee a republican form of government, few other requirements are placed on state governments. However, most states use the National Government as a blueprint for its state government. Missouri is no exception. We have three branches of government – legislative, executive, and judicial – (talked about later), a system of checks and balances, as well as a method by which the structure of our state government can be altered. Since Missouri first became a state in 1821 it has had four different constitutions, adopted in 1820, 1865, 1875, and 1945. As the state changed and as demands on the government grew, the structure of state government needed to be adjusted.

Missouri's First Constitution

The 1820 Constitution had to be presented to the U.S. Congress before Missouri could be admitted as a state. It was general and brief, providing for a bicameral (two-house) legislature and a governor and lieutenant governor elected by popular vote. The governor appointed all other state officers. Only the legislature could amend the constitution.

Constitutions of 1865 and 1875

The deep divisions that erupted during the Civil War help explain the constitutions of 1865 and 1875. The 1865 Constitution was strongly anti-Confederate in tone, restricting the right to vote to those loyal to the Union during the war. It also required that all constitutional amendments be ratified by popular vote.

Due to strong southern sympathies in Missouri, however, the 1865 Constitution was replaced only a decade later. The 1875 Constitution was longer than the two earlier versions, detailing a number of restrictions on the legislature. It also established a process for managing state finances and dealing with corporations. Over the next 70 years, the 1875 Constitution was amended 173 times to adapt to the many changes in the state.

The Current State Constitution

In 1945, the current state constitution replaced the constitution of 1875. This constitution, which includes a bill of rights, is the longest to date, containing 13 articles. It deals with a wide variety of subjects such as local government, suffrage and elections, education, taxation, and public employees.

Amending the Constitution

There are three ways to amend or change Missouri's current constitution: proposal, initiative, or convention.

By Proposal

The General Assembly may, at any time propose an amendment by joint resolution. A majority in each house must agree to such a proposal. The proposal must then be ratified, or approved, by a simple majority of voters in a popular election. (This election can be either on the next general election in November, or an earlier election specially called by the Governor.)

By Popular Initiative

An amendment can be proposed through an initiative petition. This process requires a certain number of voters to sign the amendment petition. The petitions must then be filed with the secretary of state at least 4 months before an election. Amendments proposed by popular initiative may be ratified by a simple majority of votes cast in a popular election (either a general election in November, or one specially called by the governor).

By Constitutional Convention

Every 20 years the people can vote to have a constitutional convention (the next time will be 2022). Three to six months after they do so, voters then elect delegates to the convention. Within six months, the delegates meet at the convention to decide on all terms of the new amendments. They also make arrangements for submitting the amendments to the people. The people vote on the new amendments from two to six months after the delegates adjourn the convention.

The Missouri Constitution is much longer and more detailed than the U.S. Constitution. Why? Specific rights are spelled out in the state’s bill of rights. Matters reserved to the state must be detailed. Missouri also includes many provisions which could be dealt with by statutory laws.