Missouri Constitution Test
What is the difference between the Missouri State Auditor and the State Treasurer?
-The duties of the State auditor are to establish proper methods of accounting for all public officials of the state, to audit the accounts of all state agencies and to make all other audits required by law such as of school districts. -The duties of the State Treasurer are to be the custodian of state funds, to determine the amount of state moneys not needed for current operating expenses and to invest that money. The State Treasurer is required when investing state funds to invest the moneys of the state in the safest accounts with the highest yield possible.
Briefly describe the major provisions of Missouri's first constitution.
1) Gave voters the right to regulate state government. 2) Gave voters the right to alter or abolish the state constitution either in part or in full. 3) 13 articles that covered a) powers of government b) powers of legislature c) powers of executive d) interpretive powers of the judicial branch 4) Provided guidelines on education, banking, the state militia, and amending the constitution.
Explain how the "nonpartisan court plan" works.
1) When a vacancy occurs in a judgeship, a judicial commission recommends three names to the Governor. 2) The Governor appoints one of the three to fill the vacancy. The new judge assumes his duties immediately, but his appointive term expires on December 31 following the next regular election. 3) If the judge wishes to continue to hold his job, he must file his candidacy for election in November. 4) If a majority of the voters choose to keep the judge, he will serve a full term.
How long do judges of the Court of Appeals serve?
12 year terms
How long is one term for a Missouri Supreme Court justice?
12 year terms
How many departments are in the Executive Branch?
14
How long is a term for a Missouri representative?
2 year terms
Explain what a referendum is.
A referendum is when a measure is put to the people for a vote by the General Assembly, or by the referendum petition, is approved by the people. The item becomes law upon that approval. THE STATE LEGISLATURE GIVES TO PEOPLE TO VOTE
Who was Missouri's first governor?
Alexander McNair
Where do legal activities begin?
All beginning legal activity takes place in the Circuit Court. Many judges of the circuit court are popularly elected, while some judges are selected under the rules of the non-partisan plan.
How is the Missouri executive branch different from the federal government?
Another important aspect of the executive branch is that all six officers are elected individually and independently of one another, which means that the Governor has no basic control over the other five executive officials. This is unlike the Federal Government, where the President appoints and directs his cabinet
Explain the duties of the Attorney General
As the state's chief legal officer, the Attorney General must prosecute or defend all appeals to which the state is a party. This includes every felony criminal case which is appealed to the Missouri Supreme Court and courts of appeal. He is also required to represent various state officials, boards and agencies in appeals taken from their decisions and orders. The Attorney General has the responsibility of giving official opinions to the General Assembly, the Governor, Secretary of State, Auditor, Treasurer, the heads of the various state departments and the circuit or prosecuting attorneys on any question relating to their duties.
Explain the differences between criminal law and civil law.
Criminal cases are those in which there has been a violation of the law which causes an injury to the state or society. Persons found guilty in a criminal case may be punished by a fine, imprisonment, or execution. Civil cases are those in which there has been a dispute between persons. The person who loses a civil lawsuit is not subject to fine or imprisonment. The court may decide that the injured party should be paid a certain amount in damages.
When and how often is the governor elected?
He is elected by the voters of the state in the presidential election year and serves a term of four years.
When was Missouri admitted to the Union?
In 1821 and was the 24th state
Who is the governor of Missouri?
Jay Nixon
Where is Missouri's state capital?
Jefferson City
What does the Missouri Secretary of State do?
Missouri's Secretary of State is designated under the Missouri Constitution as the keeper of the Great Seal of the State of Missouri and custodian of the state's records. Through the years he has, by law, also become the state's chief elections officer, enforcer of business and investment laws, overseer of campaign practices and a major publisher of books and documents. OVERSEE ELECTIONS
What is one of the Missouri constitution's basic principles and what does it mean?
Missouri's first constitution's basic principle comes from the phrase "...all political power is vested in, and derived from the people." This quote simply means that the people are in charge of state government.
How is the government of Missouri similar to the United States and the other 49 states?
Missouri's state government is like that of the other 49 states in that it is divided into three principal branches: the legislative, the executive and the judicial
What are some legislative powers of the governor?
Special legislative powers vested in the Governor by the Missouri Constitution enable him to send messages to the legislature covering his suggested budget and legislative program, approve or veto bills, and call special sessions of the General Assembly. Because of his power to regulate appropriation bills much of his attention must be devoted to money issues
What is so special about a special session of the General Assembly?
Special sessions of the Assembly can be called by the Governor at any time, and the General Assembly can call itself into special session if three-fourths of the members in both chambers agree. (The U. S. Congress does not have this power) At a special session, the only matters that may be considered for legislative action are those for which the special session was called. The special session may not last longer than 60 days.
What type of cases does the court of appeals hear?
The Court of Appeals has general appellate jurisdiction in all cases not within the original jurisdiction of the Supreme Court. In some situations an appeal may bypass the Court of Appeals and go directly to the Supreme Court if an important constitutional question is involved
What is the name of the Missouri legislature?
The General Assembly and is made up of our two senators
When does the Missouri legislature meet?
The General Assembly meets on the first Wednesday after the first Monday in January every year. The session ends in the middle of May.
What are some of the executive duties of the governor?
The Governor's primary duty is to carry out the laws of the state. He appoints many of the officials whose jobs involve the enforcement of laws. He also appoints the judges of those state courts which operate under the non-partisan court plan. The governor has the authority to fill all vacancies occurring in state and county offices.
What six offices are in the Executive Branch?
The Governor, the Lieutenant Governor, Secretary of State, State Treasurer, State Auditor, Attorney General, and various other elected and appointed officials.
What do Party Whips do?
The Party Whip directs the support of members of their party for the party's programs and objectives.
What does the Speaker Pro Tem do?
The Speaker Pro Tem presides over the House when the Speaker is absent. Both the Speaker and Speaker Pro Tem are nominated by the majority caucus and elected at the beginning of the legislative session.
When was the present constitution written?
The State of Missouri has had several different constitutions during its history. The present constitution, the fourth, was written in 1945.
What type of cases does the Supreme Court hear?
The Supreme Court hears cases concerning the constitutions of either the United State or of the State of Missouri. It also has a few special types of cases in which it may have original jurisdiction
What is the responsibility of the judicial branch?
The chief responsibility of the judicial branch is to interpret the laws of the state as passed by the legislature, and it also attempts to settle controversial issues. In so doing, it deals in two areas of law: criminal and civil
When and where was Missouri's first constitution written?
The constitutional convention that convened in St. Louis in June of 1820
How many terms may a governor serve?
The governor may serve a maximum of two terms.
What are the two houses of the Missouri legislature and how many members are in each?
The legislative branch is divided into two bodies. The chamber with the largest membership is the House of Representatives with 163 members. The smaller chamber is the Senate which is made up of 34 members.
How is the chief justice of the Missouri Supreme Court chosen and how long is do they serve?
The other supreme court justices select one of their number to be chief justice, usually for a period of two years.
What are the duties of the Speaker of the House?
The presiding officer of the House is the Speaker. His responsibilities include appointing all committee members and chairpersons. He also assigns new bills to House committees and signs all official papers of the House.
Explain what an initiative is.
The process of initiative happens when a group of people write a proposal for a law and acquire enough signatures on a petition. When a measure proposed by initiative is approved by the people it becomes a law of the state. THE PEOPLE DO THIS
What are the qualifications for being governor of Missouri?
The qualifications to be the governor include: being at least 30 years of age, a citizen of the United States for at least 15 years and a resident of Missouri for at least 10 years.
How long is a term for a Missouri senator?
The senators are elected for four-year terms with one-half of them being elected every two years.
How many justices serve on the Missouri Supreme Court?
There are seven Supreme Court judges
How many courts of appeals are there and where are they located?
There are three courts of appeals in Missouri: St. Louis, Kansas City, and Springfield.
What documents helped guide the delegates in writing the constitution?
This document borrowed heavily from other constitutions and writings of well known people of the past. The constitution of Kentucky served the delegates as a model as did the United States Constitution and the Bill of Rights.
What does the Secretary of the Senate do?
This person is responsible for the recording of each days' proceedings and maintaining all records.
Describe the President Pro Tem
This person is the ranking member of the Senate. They appoint all committees. They are elected by the Senate to serve on all standing committees. They are always from the majority party in the Senate.
What do the Majority and Minority floor leaders do?
This person manages all floor legislative action that the party is interested in. The Majority Floor Leader sets the schedule and order of business for the Senate.
Why are half of all senators elected every two years?
This system insures that there will always be 17 experienced senators.
What are the qualifications for being a Missouri senator?
To be eligible for election as a State Senator, a person must be at least 30 years old, a qualified voter in the state of three years and a resident of his/her district for one year.
What are the qualifications for serving in the House?
To run for State Representative, a person must be at least 24 years old, a qualified voter in the state for at least two years, and a resident in his district for at least one year.
What are the responsibilities of the Lieutenant Governor?
Under the Missouri Constitution, the Lieutenant Governor presides over the Missouri Senate. If for any reason the Governor leaves office, the powers and duties of the Governor become the responsibility of the Lieutenant Governor until the end of his term.
