Missouri Government
Examples of departments
-Agriculture -Education -Social Services -Transportation
How a Bill Becomes a Law in Missouri (law = statute in MO
1. Bill is introduced in either house (all money bills must start in the House of Representatives) 2. Bill is sent to committee - have public hearing and make changes 3. Bill is debated on the full floor (Filibuster can occur in the Senate only) 4. Majority vote required for passage; if the bill passes one house it goes to the next and follows a similar process 5. If House and Senate versions are different, bill goes to a joint committee to come up with one version 6. If both houses agree on the bill it goes to the Governor
Appointment of Judges Missouri Non-Partisan Plan
1. Judicial commission of 7 members nominates 3 Justices/ Judges 2. Governor picks one of the three. 3. Justice/judge serves 1 year on the bench 4. People vote to retain (keep) or remove justice/judge
Secretary of State (must be a resident of Missouri for one year)
1. Keeper of the Seal of Missouri and all official documents 2. In charge of elections, overseas voter registration, prepares state ballots 3. Registers all business in the state
The Governor has 4 Options
1. Sign the bill into law 2. Veto the entire bill 3. Do nothing •If the General Assembly is in session, it becomes law after 15 days •If the General Assembly is not in session, it becomes law after 45 days 4. Line-Item Veto tax or spending bills
How can an amendment be proposed in Missouri?
1. The majority of the General Assembly (legislative branch) 2. An initiative of the people (people get signatures to place an amendment on the ballot)
How can Checks and Balances limit the power of the other branches?
1.General Assembly passes a bill 2.Governor vetoes (rejects) the bill 3.General Assembly overrides the veto 4.MO courts declare statute unconstitutional
Judicial Branch
1.MO Supreme Court 2.MO Court of Appeals ----Appellate 3.MO Circuit Court ----- Original Other Courts: Probate Division ,Juvenile Division, Associate Division, Small Claims Courts, and Municipal Courts
Circuit Court has TWO types of Juries 2.Petit Juries (trial jury)
12 Member Jury Decides guilt or innocence in a criminal case Needs to be unanimous (100% - 12/12) to vote for a criminal conviction Awards damages between parties in a civil case 9/12 Jurors needed to decide case/award damages
Circuit Court has TWO Types of Juries 1.Grand Juries
12 member Jury Examines the evidence to see if there is enough to go to trial Indictment: Formal accusation Guilt or innocence NOT determined!!! Need 9/12 jurors to issue an indictment
What does the courtroom look like?
3 Judges Review the case heard at the circuit level Court of Appeals only has appellate jurisdiction!!!
State power
All powers not given to the national government or denied to the states are reserved for the states
How can an amendment be ratified in Missouri?
By a vote of the people Hancock Amendment (1980) Places a limit on taxing and spending in the state Voters must OK tax increase If the state collects too much, it must refund the citizens
Juvenile division
Cases involving children under the age of 17 Anyone 17 or older who is charged with a crime will be considered an adult and tried as one
Initiative
Citizens can propose a law or amendment to the state Constitution •Signatures are collected on a petition to place measure on the ballot •Voters pass or reject law/amendment - skipping General Assembly
What cases are heard at the circuit level?
Criminal Cases Civil Cases Cases involving more than $25,000 45 circuit courts in MO Has original jurisdiction only Judge, jury, lawyers Judges serve 6 year terms
Federalism
Dividing power among the levels of government - national, state, local
Examples of Concurrent powers:
Examples: -Tax -enforce laws -establish courts - borrow money -punish law breakers provide for the general welfare, etc.
Examples of Reserved Powers
Examples: -Conduct election -establish local governments -establish marriage -divorce laws -regulate alcohol -control intrastate trade -establish schools -enact license requirements for professions.
Popular Sovereignty
Government based on the consent of the governed
The Executive Branch Offices
Governor: Mike Parsons Lieutenant Governor: Mike Kehoe Secretary of State: John 'Jay' Ashcroft (R) State Auditor: Nicole Galloway (D) State Treasurer: Eric Schmitt (R) Attorney General: Josh Hawley (R)
Referendum
Idea for a law starts in the General Assembly •Voters pass or reject law at the voting booth •Usually used when the issue is controversial
State Capitol:
Jefferson City
Associate division:
Minor stuff Disputes between citizens (civil cases) involving financial claims from $3000-$25,000 Minor criminal cases (fine or jail sentence less than a year)
When did Missouri become a State?
Missouri became the 24th state on August 10th, 1821 as part of the Missouri Compromise.
Municipal courts:
Original jurisdiction over traffic and code violations •(zoning, housing, electrical, plumbing etc.) •No jury
When was our Constitution written in?
Our current Constitution was written in 1945 (Missouri's 4th Constitution)
The Governor's Judicial Power
Pardons: excuse or free a person from punishments Reprieve: postpone punishments Commute: to reduce a punishment Extradition: to return a prisoner to the state from which he fled The governor signs the death warrant before an execution may take place.
Secretary of State
Qualifications of Secretary of State: •Missouri resident for 1 year •Term length: 4 years Term limit: None
Lieutenant Governor
Qualifications: •Same as Governor •4 year term/no limit Duties: •President of the MO Senate •Votes if tie in the Senate •Acting Governor when needed (if he/she is injured or absent from the state)
Attorney General
Qualifications: Must be an attorney and live in Jefferson City •4 year terms / no limit •serves as the attorney for the state •Chief legal officer of the state •Advises Governor on legal matters prosecutes or defends all appeals to which the state is a party •represents the interests of the state in all cases that deal with the state's constitution, rights, interest etc. Departments
Small claims court (People's Court):
Quick resolution of small claims, defined as claims of $3,000 or less •No jury, NO lawyer •No criminal cases; civil only
MO Senate Requirements
Requirements: •30 years old •MO voter for 3 years District resident for one year
State Auditor
Same qualifications as governor; •4 year term; no limit •Checks to make sure money is spent the way the law intends •Inspecting the finances of all state agencies, boards, courts, counties and local political subdivisions Citizens may ask the auditor to examine a local government.
Concurrent powers:
Some powers are shared between the nation and state
How the General Assembly Overrides a Veto
The bill is returned to the originating house for first consideration of an override It takes 2/3 vote in both houses to override the governor's veto Vetoed bills are reconsidered in a veto session held for 10 days in September Impeachment
Original jurisdiction
To hear and decide a case for the first time
Appellate jurisdiction
To review a previous decision of the court
Purpose of Missouri Government:
To serve the citizens of the state and their interests.
Recall
Voters can petition to remove an official mid-term •Requires a popular vote
Executive Branch (Governor and Administration)
enforce the laws
Judicial Branch (MO Court System)
interpret the law
Legislative Branch (General Assembly)
makes the laws
MO House of Representatives
•163 members •1 member per district •2 year term •Limit of 4 terms
MO House of Representatives Requirements
•24 years old •MO voter for 2 years •District resident for 1 year
Terms Missouri Supreme Court
•30 years old •US Citizen for 15 years •Registered voter 9 years •12 year terms •7 Justices total •Must retire at 70!! •Decisions are final "Has last say" Original & appellate jurisdiction
Governor
•30 yrs. Old •U.S. citizen for 15 yrs. •Live in MO for 10 yrs. Terms: •4 years/2 term limit
MO Senate
•34 Members •1 member per district 4 year term •Limit of 2 terms
MO Supreme Court tries the case (7 Judges) (Impeachment 2/3 vote)
•5 of 7 votes needed for a removal
Who can be impeached?
•All executive elected officials •Judges in the MO Supreme Court, Court of Appeals, Circuit Court
Referred State Statute (law)
•Allows opt-out of federal health insurance mandate •Battle will be decided in the courts •Conceal and Carry
Appointment
•Appoints officials for various positions in the state government and the different departments •Must be confirmed by the Senate •Commander in Chief of the State militia •Controls the state police and the MO national guard
The Governor's Legislative Powers and Veto:
•Can call special sessions of General Assembly To deal with pressing problems/unfinished business •Suggest laws/programs to the state legislature through his "State of the State" address •Signs or veto legislation •Line Item Veto (Can veto only parts of a bil)l
How is the money spent in Missouri?
•Education (elementary, secondary, higher) 29% •Social Services (32%) •Transportation and Highways (11%) •Health and Mental Health (9%) •Other Areas Judiciary, Public Safety, Corrections (6%) Employee Benefits (3%) Agencies (4%) Agriculture, Conservation, Natural Resources (2%)
The Governor's Executive Powers as the head of the executive branch...
•Is Missouri's official leader •Is responsible for enforcing the laws of the state •Can call special elections
Where can you register to vote in Missouri?
•Local Election Office •Department of Motor Vehicles Office (where you get your driver's license) Motor Voter Act 1995 •Online - mail application in
Voter Requirements:
•Must be 18 by election day •Must be a US citizen •Must be a Missouri resident •You must be registered to vote! Earliest time: 17 years, 6 months Latest time: 4th Wednesday prior to the election (4weeks) Voting
State Treasurer
•Must be a MO resident for 1 year 4 year terms; 2 term limit •Collects, invests, and spends state money •Issues payroll checks to state employees •Collect revenues •Invests state money •Pay the state's bills
Probate division:
•Settles wills and estates of the decease
Missouri Judicial Branch and State Courts
•State courts hear tens of thousands of cases every year, both criminal and civil Many cases involve routine disputes or minor offences
Who cannot vote?
•Those incarcerated •Those on probation or parole for a felony •Those convicted of a felony or misdemeanor connected with voting.
Requirements a citizen must possess in order to serve on a jury in Missouri:
•US Citizen •21 years of age •Resident of Missouri •Speak English •Be of "sober" character with intelligence and a good reputation
what two ways can you cast your vote?
•in person at the polling place •By absentee ballot