Missouri Constitution

Term-Limits

"No one shall be elected to serve more than eight (8) years total in any one house, no more than sixteen (16) years in both houses of the General Assembly" 1992 - Constitutional Amendment (the voters)

Preamble

"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"

The Framers of the U.S. Constitution...

...determined it was unnecessary to identify all of the powers reserved for the states... ...under the presumption that if power was not given to the federal government, or was prohibited to the states, the power automatically rested with the states.

Qualifications for Members of the General Assembly (Cont.)

163 Representatives Qualifications Terms At least 24 years of age 2 years Qualified voter for All elected at 2 years in state same time Resident of district for 1 year

Qualifications for Members of the General Assembly

34 State Senators Qualifications Terms At least 30 years of age 4 years Qualified voter for 3 years (half elected each years in the state biennium) Resident of district for 1 year

Other Possibilities for a Bill

A bill may be accepted unchanged in the second house and go directly to the governor for approval/veto. The governor may veto parts of an appropriation bill and approve the rest of it. Such item vetoes may be overridden by the same procedure as total vetoes. A bill may be held by the governor beyond the time limit (15 days if the legislature is in session; 45 days otherwise). It may then be declared law by a joint resolution of both houses In an average legislative session of the General Assembly, the number of bills passed is usually no more than a third of those introduced. XXXX

Introduction

A constitution is the fundamental or basic law that governs a state or nation. Both the national government and each of the 50 states have their own constitution. The U.S. Constitution gave certain express and implied powers to the federal government The 10th Amendment provided "reserved" powers for the states, or for the people. The national government is limited to those powers expressly or enumerated in the U.S. Constitution, or those powers that are "necessary and proper" to carry them out.

Non-Partisan "Missouri" Plan

Adopted in 1940 Nonpartisan court plan is used in selecting judges for the Supreme Court of Missouri, The Court of Appeals, and the Circuit Courts in St. Louis City, and the counties of Jackson, Platte, Clay, and St. Louis. When a vacancy occurs, a nonpartisan judicial commission of lawyers and laymen submits the names of three persons to the Governor, who chooses one. Each judge appointed holds the office for at least a year. His/her name is then submitted to the voters at the next general election on a separate judicial ballot without party designation in a so-called retention election. The judge runs against him or herself with no opponent on the ballot. If elected, the judge then serves a full term and is eligible for re-election when it expires. The commission: Three lawyers chosen by members of the bar who live in the three appellate districts; three laymen appointed by the Governor; the presiding judge of the Supreme Court as chair.

Initiative and Referendum

An initiative petition bearing the signature of at least 5% of the registered voters in 2/3 of the congressional districts of the state is required to initiate a vote on a proposed law. Referendum is a means by which citizens may require voter approval of laws already enacted by the legislature. Same signatures as for initiative. Referenda may also be ordered by act of the legislature. Unlike California, Missouri does not provide for a recall of state officials.

Governor's Duties (Cont.)

Appoints members of boards and commissions and the heads of departments of state government (with the advice and consent of the Senate). Under the non-partisan court plan, appoints state judges selected from names submitted by judicial commissions. Fills vacancies in state in county offices, unless otherwise provided by law.

Committees

As in Congress, much of the important work of the legislature is done through the committee system. Committees in both houses are assigned bills for study and eventual recommendation to the legislature for approval and disapproval. The recommendation "do pass" carries great weight with the lawmakers.

Other Elected Executive Officers (Cont.)

Attorney General - Serves as the chief legal officer of the state - The functions are traditional and not defined in the Constitution - Among the most important duties are to render legal opinions for state officials and to represent the state in cases to which the state is a party

Other Elected Executive Officers (Cont.)

Auditor - Establish appropriate system of accounting for all public officials of the state - Post-audit the accounts of all state agencies and audit the treasury at least once annually. - Same qualification as that of Governors - Elected in non-presidential election years (other state officers are elected in presidential election years)

Local Government (Cont.)

Cities (four classes) Any city in excess of 5,000 pop. May frame and adopt its own charter. Must be consistent with state and federal law. When petitions bearing the required number of signatures have been filed, or an ordinance is passed by the city council, charter commission is elected. The commission has one year in which to frame a charter - submitted for public vote.

General Election

Constitution provides that the general elections are to be held on the first Tuesday following the first Monday in November of each even-numbered year. The general election is for the candidates nominated in the August primary. Any initiative or referendum measures up for consideration by the people may be voted on at this time.

Local Government

County Organization - 114 counties, as well as the City of St. Louis (there are on average about 60 counties) Four classes of counties (serve largely to determine the pay of county officials) Any county of 85,000 population may design and adopt a charter for its own government with voter approval

Why are State Constitutions So Long?

Drafter of state constitutions to get bogged down in the day-to-day details of government operation. ex: Article III of the Mo. Constitution has lengthy sections devoted to water rights and "bingo" - detailed provisions perhaps more appropriately regulated by statute. Many state constitutions also reflect a fear or distrust of state officials. ex: Section 16, Article III: Salary and compensation of state legislators. Specific dollar amounts are imposed upon compensation and expenses, and that lawmakers are directed to attend sessions of the state legislature "on the most usual route".

Missouri Constitution: A History

First adopted in 1820, when under the terms of the "Missouri Compromise" the state was permitted to join the union in 1821. The Constitution was followed by those of 1865, 1875 and the present one (its fourth) adopted in 1945. Three branches: Legislative (make laws); Executive (executes and enforces the laws); and, Judicial (interprets the laws)

U.S. Constitution

Governs the whole nation However, it is not as detailed as a state constitution The U.S. Constitution is a model of brevity and contains (w/amendments) only about 7,000 words. Most state constitutions, including Missouri, contains much more detail and are far more wordier. The Missouri Constitution has over 40,000 words. Some states have over 200,000 words. Can grow by implementing frequent amendments (as compared to the amendments provided in the U.S. Constitution).

The Hancock Amendment

In 1980, placed in the Missouri Constitution limits on taxes and spending at both the state and local levels Local level: forbids any increase in any tax, license, or fee without voter approval. State level: the amendment limits, by formula, limits the total amount of revenue that may be collected in any one year. If exceeded, the excess must be refunded by way of income tax credits. The state must fully fund any new activity it requires local governments to provide

How a Bill Becomes a Law

Introduction in the first House Bill sent to Committee Committee holds hearings Bill reported out of committee Debate and amendment by House First houses passes bill Bill goes to second house Second house repeats procedures in first house If different bill exists, bill goes to Joint Conference Committee Conference Committee works out compromise Bill passes both houses by simple majority vote Bill goes to the Governor Governor signs or vetoes bill Veto may be overridden by 2/3 vote of both Houses of the General Assembly (seldom occurs, but did in the case of concealed weapons bill)

Supreme Court

Judicial Department is headed by the Missouri Supreme Court. Seven judges, selected for 12-year term limits under the non-partisan court plan. Meets in Jefferson City at times set by the Court. Jurisdiction in cases involving interpretation of the Constitution of Missouri, treaties or statutes of the U.S., title to state office, and any case where the punishment imposed is death. In 1982, voters approved an amendment to the Constitution permitting the Court of Appeals to hear appeals in cases of life imprisonment, a role previously reserved to the Supreme Court.

Other Elected Executive Officers

Lieutenant Governor - Serves as ex officio president of the Senate; s/he presides over Senate sessions and casts the deciding vote in cases of a tie. In the event of Governor's death, conviction or impeachment, resignation, or inability to serve, the Lt. Gov. becomes Governor for the remainder of the term or until the elected Governor's inability to serve is resolved. Serve as Lt. Gov., the individual must have the same qualifications as Governor.

Legislative Branch

Like Congress, the Missouri General Assembly is bicameral Senate: 34 members House: 163 members What is the job of the General Assembly? The two bodies pass laws for the general welfare, appropriate funds to carry on the functions of state government, and levy taxes to meet the costs of governing the state.

Conference Committee

Made up of legislators from both houses Appointed by the presiding officers If one house has made a change to a bill that is not acceptable to the other house, the bill is referred to a Conference Committee (tries to work out changes acceptable to both houses)

Governor's Duties (Cont.)

May call out the state militia (National Guard) - to execute laws - aid in the event of a disaster - put down or prevent insurrection or invasion Constitution allows the governor to reorganize the administrative structure of the government. Except in cases of treason or impeachment, the governor has the power to grant reprieves, commutation or pardons, but not parole. Ceremonial chief of state

Court of Appeals

Missouri Court of Appeals consists of three districts (Eastern-St. Louis; Western-Kansas City; Southern-Springfield). The Supreme Court may transfer judges from one court of appeals to another if the caseload merits Cases from the Circuit Courts are generally appealed to the Court of Appeals, which has jurisdiction over all cases within the exclusive jurisdiction of the Supreme Court. Cases appealed to the Court of Appeals may only be transferred to the State Supreme Court under special circumstances.

Judicial Department

Missouri has a unified court system with the Supreme Court having authority over lower courts and setting rules relating to practice, procedure and pleading for all the state courts. The court system consists of the Supreme Court, Courts of Appeals, and Circuit Courts, with Municipal Courts a part of the Circuit Courts

The Senate

Missouri is divided on the basis of population into 34 senatorial districts, with each district electing a state senator. The districts should be as nearly equal in population as possible without splitting any of the counties. However, counties with sufficient population may contain more than one senatorial district. After each 10-year census a special bipartisan commission of ten members, appointed by the Governor, redraws the boundary lines to reflect shifts in population (redistricting). If the commission fails to agree on new districts w/I 6 months of its appointment, 6 appellate judges, appointed by the Supreme Court, will redraw the senatorial districts.

The House of Representatives

Missouri is divided, on the basis of population, into 163 representative districts. Each district has one representative. The districts must be as nearly equal in population as possible, compact and contiguous. After each 10-year census, a special 18 member bipartisan commission, appointed by the Governor, redraws the boundary lines to reflect the shifts in population. If the commission fails to agree on new districts w/I 6 months of its appointment, 6 appellate judges, appointed by the Supreme Court, will redraw the representative districts.

Public Officers (Article VII)

Nepotism: Prohibits public officials from appointing relatives, within the 4th degree of kinship, to any public officer or employment.

Once a Bill

Once finally approved by the General Assembly and signed by the governor, to goes to the Secretary of State. S/he affixes the official seal, announces the action that has been taken, and puts it into the official records. Of the expenditures appropriated by the legislature, the first item must be to pay the interest on outstanding obligations of the state.

Other Elected Executive Officers (Cont.)

Secretary of State - Official record keeper of the state - Responsible for collecting, maintaining, and publishing the State's official and historical documents. - Official keeper of the Great Seal of the State of Missouri. - Serves as the chief election official of the state - S/he is responsible for the administration of such laws regulating the organization and management of corporations as set forth by the General Assembly.

Education (Article IX)

State Board of Education and Commissioner Implement laws regulating education is assigned to DESE and Higher Education (part of the Executive Branch) - much of the financial and operations is left to local school boards. Missouri is prohibited from using public money or granting any public property to help support any "school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church, or sectarian denomination (parochial schools)

Constitutional Limits on Finances

The Constitution restricts the financial management of all municipalities in Missouri Property tax may not exceed one percent of assessed valuation except with approval of 2/3 of the voters. Special taxes may also be voted for hospitals, libraries, public health, parks and recreation, and museums. General Obligation Bond issues require 2/3 for passage Exception may be 4/7 if election is held in conjunction with an April municipal election, or the August primary or November election in even numbered years (most school bond issues require 4/7). Revenue bonds issued for projects which generate income, such as utilities, industrial development, and airports, require only a simple majority vote

Sessions (Article III, Section 20)

The General Assembly must convene on the first Wednesday after the first Monday in January of each year. The General Assembly meets once a year. It must adjourn by May 30th. The General Assembly can, upon a petition signed by ¾ of the memberships of both houses, convene in a special session for 30 days. The Governor may call a special session, but such sessions are limited to 60 days each and to subjects stated by the Governor in the call.

Executive Department

The Governor The executive power of the state is vested in the Governor. S/he must be 30 years of age, a U.S. citizen for 15 years, and a resident of Missouri for the past 10 years. An individual may be elected to no more than two four-year terms, which may be consecutive.

The Senate (Continued)

The Lieutenant Governor is the president and presiding officer of the Senate. President Pro Tem (in the absence of the Lt. Gov.) presides. The President Pro Tem is elected by the Senate at the opening of each regular session. Missouri, over the years, has weakened the legislative powers of the Lt. Gov. The President Pro Tem makes the committee appointments and assigns bills to committees.

Circuit Courts

The major trial courts with original jurisdiction over all civil and criminal cases. There are 44 judicial circuits in Missouri, with at least one judge and one associate judge in each. Vary in size, from one county to multiple counties. (St. Louis County and City account for over half of all cases) Judges are elected in a partisan election whereby they run under a political label (except in counties of St. Louis, Jackson, Clay and city of St. Louis where they are appointed under the non-partisan plan). Judges: Six year terms; Associates: Four year terms

The House of Representatives (Cont.)

The presiding officer of the House is the Speaker. The Speaker is elected by the House at the opening of each regular session. The Speaker makes committee appointments and assigns bills to committees.

The Federal Government Today?

The role of the federal government has changed dramatically and has become much more pervasive in the lives of its citizens. States' rights advocates would argue that this expanding role of the federal government has in many cases been at the expense of the states. States are not powerless: for most persons, states have a more direct and immediate impact on their lives than does the federal government.

Forms of Municipal Government

Three Major Types Mayor-Council form Elected council, elected mayor Most common form 2. The Council-Manager form Strong council Places responsibility in hands of a trained city manager Popular throughout the country, especially larger cities 3. The Commission form Concentrates the legislative and administrative function into one body. Mayor and board of commissioners (council) are elected at large. Council members act as head of one or more of the departments Seldom used

Changing the Constitution

Three methods for proposing changes 1. The General Assembly, by majority vote in each chamber, may propose amendments. - Does not have to be signed by the Governor; most common method. 2. By initiative petition (signed by at least 8% of legal voters in each of the two-thirds of the congressional districts in the state. 3. Constitutional Convention. May be called by the General Assembly or by an affirmative vote of the people when the question is automatically submitted at 20-year intervals. Regardless, the proposed amendment must be submitted in a vote of the people for ratification; a simple majority of votes cast on the amendment in its favor makes it a part of the Constitution

Governor's Duties

To see that laws are faithfully carried out and to maintain order Keep the General Assembly informed about state matters Recommends needed laws Call special sessions when necessary S/he may sign or veto bills passed by the legislature, and may veto certain items in money bills (line-item veto). May control the rate of spending of any state agency if the expected money is not available. Cannot increase appropriations beyond that which is authorized

Other Elected Executive Officers (Cont.)

Treasurer - Custodian of all state funds - S/he, with the approval of the Governor and the Auditor, selects the banking institutions in which state funds, not needed for current operation, are deposited in interest-bearing accounts. - The Treasurer makes all disbursements for the State when such payments are certified by proper officials.

Bill of Rights: Article I

Unlike the U.S. Constitution with the first 10 amendments comprising the Bill of Rights, the Bill of Rights in the Missouri Constitution are contained in Article I of the main body. The Missouri Bill of Rights is longer and more detailed than that of the U.S. ex: Section 33 (ratified in 2004) Marriage, that to be valid and recognized in this state, shall exist only between a man and a woman.

GOVERNOR ACTION: A Bill

• Once the House and the Senate versions of the bill are identical, the bill is sent to the Governor to be signed. • If the Governor signs the bill, it becomes law. • If the Governor vetoes the bill, the House and the Senate can override his veto with a vote of two-thirds of the House and two-thirds of the Senate.

HOUSE ACTION: A Bill

• The bill is introduced in the House of Representatives and read for the first time. • The bill is read a second time in the House and assigned to a House committee. • The bill is brought up for debate in the house committee and possibly amended. • The committee votes on the bill. • The bill is sent to the full House of Representatives. • The bill is debated on the floor of the House and possibly amended. • The bill is read for the third time. • The House of Representatives votes on the bill.