Description
Looking for complete assistance with a discussion board assignment. I will give and upload complete instructions also the link to the book with login information to access covering chapters 8 and 9 from the online text book and a pdf file that has to be looked at as well that will help in answering the following questions please be sure to read over the pdf file I upload. No more than 300 words no cover page and no heading just answering the questions giving your thoughts on the following questions below. Please include source citation in Chicago style format.
Please consider the module reading on the Missouri Constitution.
1) How does the Missouri Constitution differ from the U.S. Constitution? How is it similar?
2) What rights are guaranteed?
3) What does language in the Missouri Constitution reveal about the structure of our federal republic? How does it refer to the national government?
4) What, if anything, surprised you about the differences or similarities between the two documents?
Here is the link to the online book once you pull up the site look to the upper right hand corner where it says sign in or register and use the info I provided. https://ncia.wwnorton.com/ebook-givemeliberty6brv1
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E PL
URI
BU
S
UM
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Constitution
State of Missouri
Constitution of the
United States
John R. Ashcroft
Secretary of State
Revised January 2021
John R. Ashcroft
Secretary of State
State of Missouri
State Capitol
(573) 751-2379
James C. Kirkpatrick State
Information Center
(573) 751-4936
Dear Fellow Missourian,
The Office of the Secretary of State is privileged to publish the Missouri Constitution
and the Constitution of the United States. These documents lay the foundation of our
freedoms, help guide us in times of uncertainty and establish our rights as citizens of
Missouri and the United States of America.
The Constitution of Missouri states that “all political power is vested in and derived
from the people; that all government of right originates from the people.” There is
great power in freedom; as Americans, we have created that strength and have a duty
to maintain it. Our freedom is reliant on integrity, honesty, and civility – and we have
been given an incredible opportunity to model this for the next generation.
I am truly honored to be your Secretary of State, and invite you to read and study the
Missouri Constitution and the United States Constitution.
Sincerely,
John R. Ashcroft
Secretary of State
Contents
Constitution of Missouri
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
Act of Admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ordinance of Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Admission of Missouri into the Union . . . . . . . . . . . . . . . . . . .
A Solemn Public Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Distribution of Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legislative Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legislative Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Limitation of Legislative Power . . . . . . . . . . . . . . . . . . . . . . . .
State Lottery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Initiative and Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Executive Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Highways and Transportation . . . . . . . . . . . . . . . . . . . . . . . . . .
Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mental Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Natural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Labor and Industrial Relations . . . . . . . . . . . . . . . . . . . . . . . . . .
Office of Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appointment of Administrative Heads . . . . . . . . . . . . . . . . . . .
Higher Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nondiscrimination in Appointments . . . . . . . . . . . . . . . . . . . . .
Judicial Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Charters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City and County of St. Louis . . . . . . . . . . . . . . . . . . . . . . . . . . .
City of St. Louis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suffrage and Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page
1
5
7
7
9
11
11
18
19
30
33
54
59
61
68
72
78
78
79
79
80
80
82
83
84
84
84
84
85
85
95
101
104
108
109
113
115
116
118
133
136
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amending the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medical Cannabis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution of the United States of America
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Legislative Department . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Executive Department . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Judicial Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
States and Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments to Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
______________
146
148
148
148
151
151
154
168
209
209
213
215
215
216
216
217
218
Authority to publish
The Constitution of the State of Missouri is published by the Office of Secretary
of State pursuant to the Revised Statutes of Missouri (RSMo 2.110). Copies of the
Missouri Constitution are available in limited quantities, without charge, by writing to:
Secretary of State John R. Ashcroft, Attention: Publications, PO Box 1767, Jefferson
City, MO 65102-1767.
This information was produced at public expense and is made available for the purposes stated by the requestor. Political, commercial or other nonpublic informational
use may constitute a misuse of public resources and may result in denial of future
requests by the offending party.
______________
ACT OF ADMISSION
__________
An Act to authorize the people of the Missouri territory to form a constitution and state
government, and for the admission of such state into the Union on an equal footing
with the original states, and to prohibit slavery in certain territories.
Be it enacted by the Senate and House of Representatives of the United States of
America, in Congress assembled, That the inhabitants of that portion of the Missouri
territory included within the boundaries hereinafter designated, be, and they are
hereby, authorized to form for themselves a constitution and state government, and to
assume such name as they shall deem proper; and the said state, when formed, shall be
admitted into the Union, upon an equal footing with the original states, in all respects
whatsoever.
Sec. 2. And be it further enacted, That the said state shall consist of all the territory included within the following boundaries, to wit: Beginning in the middle of the
Mississippi river, on the parallel of thirty-six degrees of north latitude; thence west,
along that parallel of latitude, to the St. Francois river; thence up, and following the
course of that river, in the middle of the main channel thereof, to the parallel of latitude
thirty-six degrees and thirty minutes; thence west, along the same, to a point where the
said parallel is intersected by a meridian line passing through the middle of the mouth
of the Kansas river, where the same empties into the Missouri river, thence, from the
point aforesaid north, along the said meridian line, to the intersection of the parallel of
latitude which passes through the rapids of the river Des Moines, making the said line
to correspond with the Indian boundary line; thence east, from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of
the main fork of the said river Des Moines; thence down and along the middle of the
main channel of the said river Des Moines, to the mouth of the same, where it empties
into the Mississippi river; thence, due east, to the middle of the main channel of the
Mississippi river; thence down, and following the course of the Mississippi river, in the
middle of the main channel thereof, to the place of beginning: Provided, The said state
shall ratify the boundaries aforesaid; And provided also, That the said state shall have
concurrent jurisdiction on the river Mississippi, and every other river bordering on the
said state, so far as the said rivers shall form a common boundary to the said state; and
any other state or states, now or hereafter to be formed and bounded by the same, such
rivers to be common to both; and that the river Mississippi, and the navigable rivers
and waters leading into the same, shall be common highways, and for ever free, as well
to the inhabitants of the said state as to other citizens of the United States, without any
tax, duty, impost, or toll, therefor, imposed by the said state.
Sec. 3. And be it further enacted, That all free white male citizens of the United
States, who shall have arrived at the age of twenty-one years, and have resided in said
territory three months previous to the day of election, and all other persons qualified
to vote for representatives to the general assembly of the said territory, shall be qualified to be elected, and they are hereby qualified and authorized to vote, and choose
representatives to form a convention, who shall be apportioned amongst the several
counties as follows:
From the county of Howard, five representatives. From the county of Cooper,
three representatives. From the county of Montgomery, two representatives. From the
county of Pike, one representative. From the county of Lincoln, one representative.
From the county of St. Charles, three representatives. From the county of Franklin, one
§4
ACT OF ADMISSION
2
representative. From the county of St. Louis, eight representatives. From the county of
Jefferson, one representative. From the county of Washington, three representatives.
From the county of St. Genevieve, four representatives. From the county of Madison,
one representative. From the county of Cape Girardeau, five representatives. From the
county of New Madrid, two representatives. From the county of Wayne, and that portion of the county of Lawrence which falls within the boundaries herein designated,
one representative.
And the election for the representatives aforesaid shall be holden on the first
Monday, and two succeeding days of May next, throughout the several counties aforesaid in the said territory, and shall be, in every respect, held and conducted in the same
manner, and under the same regulations as prescribed by the laws of the said territory regulating elections therein for members of the general assembly, except that the
returns of the election in that portion of Lawrence county included in the boundaries
aforesaid, shall be made to the county of Wayne, as is provided in other cases under
the laws of said territory.
Sec. 4. And be it further enacted, That the members of the convention thus duly
elected, shall be, and they are hereby authorized to meet at the seat of government of
said territory on the second Monday of the month of June next; and the said convention, when so assembled, shall have power and authority to adjourn to any other place
in the said territory, which to them shall seem best for the convenient transaction of
their business; and which convention, when so met, shall first determine by a majority
of the whole number elected, whether it be, or be not, expedient at that time to form a
constitution and state government for the people within the said territory, as included
within the boundaries above designated; and if it be deemed expedient, the convention
shall be, and hereby is, authorized to form a constitution and state government; or, if it
be deemed more expedient, the said convention shall provide by ordinance for electing
representatives to form a constitution or frame of government; which said representatives shall be chosen in such manner, and in such proportion as they shall designate;
and shall meet at such time and place as shall be prescribed by the said ordinance;
and shall then form for the people of said territory, within the boundaries aforesaid, a
constitution and state government; Provided, That the same, whenever formed, shall
be republican, and not repugnant to the constitution of the United States; and that the
legislature of said state shall never interfere with the primary disposal of the soil by
the United States, nor with any regulations Congress may find necessary for securing
the title in such soil to the bona fide purchasers; and that no tax shall be imposed on
lands the property of the United States; and in no case shall non-resident proprietors
be taxed higher than residents.
Sec. 5. And be it further enacted, That until the next general census shall be taken,
the said state shall be entitled to one representative in the House of Representatives of
the United States.
Sec. 6. And be it further enacted, That the following propositions be, and the same
are hereby, offered to the convention of the said territory of Missouri, when formed,
for their free acceptance or rejection, which, if accepted by the convention, shall be
obligatory upon the United States:
First. That section numbered sixteen in every township, and when such section has
been sold, or otherwise disposed of, other lands equivalent thereto, and as contiguous
as may be, shall be granted to the state for the use of the inhabitants of such township,
for the use of schools.
3
ACT OF ADMISSION
§8
Second. That all salt springs, not exceeding twelve in number, with six sections of
land adjoining to each, shall be granted to the said state for the use of said state, the
same to be selected by the legislature of the said state, on or before the first day of
January, in the year one thousand eight hundred and twenty-five; and the same, when
so selected, to be used under such terms, conditions and regulations as the legislature
of said state shall direct: Provided, That no salt spring, the right whereof now is, or
hereafter shall be, confirmed or adjudged to any individual or individuals, shall, by this
section, be granted to said state: And provided also, That the legislature shall never
sell or lease the same, at any one time for a longer period than ten years, without the
consent of Congress.
Third. That five per cent. of the net proceeds of the sale of lands lying within the
said territory or state, and which shall be sold by Congress, from and after the first day
of January next, after deducting all expenses incident to the same, shall be reserved for
making public roads and canals, of which three fifths shall be applied to those objects
within the state, under the direction of the legislature thereof; and the other two fifths
in defraying, under the direction of Congress, the expenses to be incurred in making of
a road or roads, canal or canals, leading to the said state.
Fourth. That four entire sections of land be, and the same are hereby, granted to
the said state, for the purpose of fixing their seat of government thereon; which said
sections shall, under the direction of the legislature of said state, be located, as near
as may be, in one body, at any time, in such townships and ranges as the legislature
aforesaid may select, on any of the public lands of the United States: Provided, That
such locations shall be made prior to the public sale of the lands of the United States
surrounding such location.
Fifth. That thirty-six sections, or one entire township, which shall be designated by
the President of the United States, together with the other lands heretofore reserved for
that purpose, shall be reserved for the use of a seminary of learning, and vested in the
legislature of said state, to be appropriated solely to the use of such seminary by the
said legislature: Provided, That the five foregoing propositions herein offered, are on
the condition that the convention of the said state shall provide, by an ordinance, irrevocable without the consent of the United States, that every and each tract of land sold
by the United States, from and after the first day of January next, shall remain exempt
from any tax laid by order or under the authority of the state, whether for state, county,
or township, or any other purpose whatever, for the term of five years from and after
the day of sale; And further, That the bounty lands granted, or hereafter to be granted,
for military services during the late war, shall, while they continue to be held by the
patentees, or their heirs, remain exempt as aforesaid from taxation for the term of three
years from and after the date of the patents respectively.
Sec. 7. And be it further enacted, That in case a constitution and state government
shall be formed for the people of the said territory of Missouri, the said convention or
representatives, as soon thereafter as may be, shall cause a true and attested copy of
such constitution, or frame of state government, as shall be formed or provided, to be
transmitted to Congress.
Sec. 8. And be it further enacted, That in all that territory ceded by France to the
United States, under the name of Louisiana, which lies north of thirty-six degrees and
thirty minutes north latitude, not included within the limits of the state, contemplated
by this act, slavery and involuntary servitude, otherwise than in the punishment of
crimes, whereof the parties shall have been duly convicted, shall be, and is hereby,
forever prohibited: Provided always, That any person escaping into the same, from
§8
ACT OF ADMISSION
4
whom labour or service is lawfully claimed, in any state or territory of the United
States, such fugitive may be lawfully reclaimed and conveyed to the person claiming
his or her labour or service as aforesaid.*
Approved March 6, 1820.
*In pursuance of the provisions of this act, members of the convention were elected to form a constitution and state
government. They assembled at St. Louis on the 12th of June, 1820, and determined that it was expedient to form a constitution and state government, and having accepted the five propositions offered by the sixth section of the above act, passed
an ordinance, which was finally signed on the 19th of July, 1820. A constitution was formed whereby the boundaries mentioned in the second section of the above act were ratified, and a new state established by the name of the State of Missouri.
Agreeably to the seventh section of the above act, an attested copy of the constitution was transmitted to Congress. Under
this constitution, in August, 1820, the people held a general election, at which state and county officers were chosen and
the state government organized. From this cause the records of the state date the admission of Missouri into the Union
from August, 1820. A resolution was introduced in Congress for the unconditional admission of the state into the Union,
as had been the uniform course in relation to other new states. This resolution was, however, defeated; and finally, after
much discussion, a resolution was passed for admitting the state on a certain condition. The legislature of Missouri, on the
27th day of June, 1821, accepted the condition, protesting at the same time against the right of Congress to impose it, and
on the 10th of August, 1821, the President of the United States issued his proclamation, announcing the acceptance by this
state of the condition.
ORDINANCE OF ACCEPTANCE
__________
An ordinance declaring the assent of the people of the State of Missouri, by their representatives in convention assembled, to certain conditions and provisions in the act of con
gress of the sixth of March, one thousand eight hundred and twenty, entitled “An act to
authorise the people of Missouri territory to form a constitution and state government,
and for the admission of such state into the union on an equal footing with the original
states, and to prohibit slavery in certain territories.”
__________
WHEREAS, the act of Congress of the United States of America, approved March the
sixth, one thousand eight hundred and twenty, entitled “An act to authorize the people of Missouri territory to form a constitution and state government, and for the
admission of such state into the union on an equal footing with the original states,
and to prohibit slavery in certain territories,” contains certain requisitions and provisions, and, among other things, has offered to this convention when formed, for
and in behalf of the people inhabiting this state, for their free acceptance or rejection, the five following propositions, and which, if accepted by this convention in
behalf of the people as aforesaid, are to be obligatory on the United States, viz:
“First, That section numbered sixteen in every township, and when such section has
been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous
as may be, shall be granted to the state for the use of the inhabitants of such township
for use of schools.
“Second, That all salt springs, not exceeding twelve in number, with six sections of
land adjoining to each, shall be granted to the said state for the use of said state, the
same to be selected by the legislature of said state on or before the first day of January,
in the year one thousand eight hundred and twenty-five, and the same, when so selected,
to be used under such terms, conditions, and regulations as the legislature of said state
shall direct; provided, that no salt spring, the right whereof now is, or hereafter shall be,
confirmed or adjudged to any individual or individuals, shall by this section be granted
to said state; and provided, also, that the legislature shall never sell or lease the same at
any one time for a longer period than ten years, without the consent of congress.
“That five per cent, of the net proceeds of the sale of lands lying within the said
territory or state, and which shall be sold by congress from and after the first day of
January next, after deducting all expenses incident to the same, shall be reserved for
making public roads and canals, of which three-fifths shall be applied to those objects
within the state under the direction of the legislature thereof, and the other two-fifths
in defraying, under the direction of congress, the expenses to be incurred in making a
road or roads, canal or canals, leading to the said state.
“Fourth, That four entire sections of land be, and the same are hereby granted to
the said state for the purpose of fixing their seat of government thereon; which said
sections shall, under the direction of the legislature of said state, be located as near
as may be in one body, at any time, in such townships and ranges as the legislature
aforesaid may select, on any of the public lands of the United States; provided, that
such location shall be made prior to the public sale of the lands of the United States
surrounding such location.
“Fifth, That thirty-six sections, or one entire township, which shall be designated
by the President of the United States, together with the other lands heretofore reserved
ORDINANCE OF ACCEPTANCE
6
for that purpose, shall be reserved for the use of a seminary of learning, and vested in
the legislature of said state, to be appropriated solely for the use of such seminary by
the legislature.”
Now this convention, for and in behalf of the people inhabiting this state, and by
the authority of the said people, do accept the five before recited propositions, offered
by the act of congress under which they are assembled; and in pursuance of the conditions, requisitions, and other provisions in the before recited act of congress contained,
this convention, for and in behalf of the people inhabiting this state, do ordain, agree,
and declare, that every and each tract of land sold by the United States from and after
the first day of January next, shall remain exempt from any tax laid by order or under
the authority of the state, whether for state, county, or township, or any other purpose
whatever, for the term of five years from and after the respective days of sale thereof;
and that the bounty lands granted, or hereafter to be granted, for military services during
the late war, shall, while they continue to be held by the patentees or their heirs, remain
exempt as aforesaid from taxation for the term of three years from and after the date of
the patents respectively; provided, nevertheless, that if the congress of the United States
shall consent to repeal and revoke the following clause in the fifth proposition of the
sixth section of the act of congress before recited, and in these words, viz: “That every
and each tract of land sold by the United States from and after the first day of January
next, shall remain exempt from any tax laid by order, or under the authority of the
state, whether for state, county, or township, or any purpose whatever, for the term of
five years from and after the day of sale, and further,”—that this convention, for and in
behalf of the people of the state of Missouri, do hereby ordain, consent, and agree, that
the same be so revoked and repealed, without which consent of the congress as aforesaid, the said clause to remain in full force and operation as first above provided for,
in this ordinance; and this convention doth hereby request the congress of the United
States so to modify their third proposition, that the whole amount of five per cent, on
the sale of public lands therein offered, may be applied to the construction of roads
and canals, and the promotion of education within this state, under the direction of the
legislature thereof. And this convention for and in behalf of the people inhabiting this
state, and by the authority of the said people, do further ordain, agree, and declare
that this ordinance shall be irrevocable without the consent of the United States.
Done in convention, at St. Louis, in the State of Missouri, this nineteenth day
of July, in the year of our Lord one thousand eight hundred and twenty,
and of the Independence of the United States of America the forty-fifth.
By order of the convention,
DAVID BARTON, President.
Attest,
WM. G. PETTUS, Secretary.
(Adopted by convention July 19, 1820)
Note.—Agreeably to the compact formed between the United States and the state of Missouri, the school lands mentioned in the first proposition have been appropriated to the use of common schools. The salt springs and lands adjoining
have been selected and disposed of. The lands for the location of the seat of government have been selected and appropriated. The university lands have been designated and mostly disposed of.
Congress, by an act approved June 10, 1852, consented to such a modification of the compact with this state as to permit
the state to impose a tax or taxes upon all lands sold by the United States in the state, from and after the day of such sale.
ADMISSION OF MISSOURI
INTO THE UNION
RESOLUTION providing for the admission of the state of Missouri into the Union, on
a certain condition.
Resolved, by the Senate and House of Representatives of the United States of
America, in Congress assembled, That Missouri shall be admitted into this Union on
an equal footing with the original states, in all respects whatever, upon the fundamental
condition, that the fourth clause of the twenty-sixth section of the third article of the
constitution submitted on the part of said state to Congress, shall never be construed to
authorize the passage of any law, and that no law shall be passed in conformity thereto,
by which any citizen of either of the states in this Union, shall be excluded from the
enjoyment of any of the privileges and immunities to which such citizen is entitled
under the constitution of the United States: Provided, That the legislature of the said
state, by a solemn public act, shall declare the assent of the said state to the said fundamental condition, and shall transmit to the President of the United States, on or before
the fourth Monday in November next, an authentic copy of the said act; upon the receipt
whereof, the President, by proclamation, shall announce the fact; whereupon, and without any further proceeding on the part of Congress, the admission of the said state into
this Union shall be considered as complete.
Approved, March 2, 1821.
A SOLEMN PUBLIC ACT
A SOLEMN PUBLIC ACT, declaring the assent of this State to the fundamental
condition contained in a resolution passed by the Congress of the United States,
providing for the admission of the State of Missouri into the Union on a certain
condition.
Whereas, the Senate and House of Representatives of the United States, by their
resolution approved on the second day of March, in the year of our Lord eighteen
hundred and twenty-one, did declare that Missouri shall be admitted into this
Union, upon an equal footing with the original States in all respects whatever,
upon the fundamental condition, that the fourth clause of the twenty sixth section of the third article of the constitution, submitted on the part of said state to
Congress, shall never be construed to authorise the passage of any law, and that
no law shall be passed in conformity thereto, by which any citizen of either of the
States in this Union, shall be excluded from the enjoyment of any of the privileges
and immunities to which such citizen is entitled under the constitution of the
United States; provided, that the legislature of the said state, by a solemn public
act, shall declare the assent of said state, to the said fundamental condition, and
shall transmit to the President of the U. States, on or before the fourth Monday in
November next, an authentic copy of the said act; upon the receipt whereof, the
President, by proclamation shall announce the fact, whereupon, and without any
further proceeding on the part of Congress, the admission of said state into this
Union shall be considered as complete.
Now, for as much as the good people of this state have by the most solemn and public
act in their power, virtually assented to the said fundamental condition, when
by their representatives in full and free convention assembled, they adopted the
constitution of this state, and consented to be incorporated into the federal Union,
and governed by the constitution of the United States, which among other things
A SOLEMN PUBLIC ACT
8
provides that the said constitution, and the laws of the United States made in pursuance thereof, and all treaties made, or which shall be made under the authority
of the United States, shall be the supreme law of the land, and the judges in every
state shall be bound thereby, any thing in the constitution or law of any state to
the contrary notwithstanding; and although this general assembly are of opinion
that the congress of the United States have no constitutional power to annex any
condition to the admission of this state into the federal Union, and that this general
assembly have no power to change the operation of the constitution of this state,
except in the mode prescribed by the constitution itself; Nevertheless, as the congress of the United States have desired this general assembly to declare the assent
of this state to said fundamental condition, and forasmuch as such declaration will
neither restrain, or enlarge, limit or extend the operation of the constitution of the
United States, or of this state, but the said constitutions will remain in all respects
as if the said resolution had never passed, and the desired declaration was never
made, and because such declaration will not divest any power or change the duties
of any of the constituted authorities of this state, or of the United States, nor impair
the rights of the people of this state, or impose any additional obligation upon
them, but may promote an earlier enjoyment of their vested federal rights, and this
state being moreover determined to give to her sister states, and to the world, the
most unequivocal proof of her desire to promote the peace and harmony of the
Union, Therefore,
Be it enacted and declared by the General Assembly of the State of Missouri, and it
is hereby solemnly and publicly enacted and declared,
That this state has assented and does assent that the fourth clause of the twenty-sixth
section of the third article of the constitution of this state, shall never be construed to
authorise the passage of any law, and that no law shall be passed in conformity thereto,
by which any citizen of either of the United States shall be excluded from the enjoyment of any of the privileges and immunities to which such citizens are entitled under
the constitution of the United States.
Approved, June 26, 1821.
BY THE PRESIDENT OF THE UNITED STATES
A PROCLAMATION
Whereas the Congress of the United States by a Joint Resolution of the second day of
March last, entitled “Resolution providing for the admission of the State of Missouri into
the Union on a certain condition,” did determine and declare—“That Missouri should be
admitted into this Union on an equal footing with the original States, in all respects whatever, upon the fundamental condition, that the fourth clause of the twenty sixth section of
the third article of the Constitution submitted on the part of said State to Congress, shall
never be construed to authorize the passage of any law, and that no law shall be passed
in conformity thereto, by which any citizen of either of the States of this Union shall be
excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the Constitution of the United States: Provided, That the legislature
of said State, by a solemn public act, shall declare the assent of the said State to the said
fundamental condition, and shall transmit to the President of the United States, on or
before the first Monday in November next an authentic copy of said act; upon the receipt
whereof, the President, by Proclamation, shall announce the fact; Whereupon, and without any further Proceeding on the part of Congress, the admission of the said State into
this Union shall be considered as complete:” And whereas by a solemn public act of the
assembly of the said State of Missouri, passed on the twenty sixth of June in the present
year, entitled “A solemn public act declaring the assent of this State to the fundamental
condition contained in a Resolution passed by the Congress of the United States, providing for the admission of the State of Missouri into the Union on a certain Condition,”
an authentic Copy whereof has been communicated to me, it is solemnly and publicly
enacted and declared, that that State has assented and does assent, that the fourth clause
of the twenty sixth section of the third article of the Constitution of said State “shall never
be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the United States shall be excluded from
the enjoyment of any of the privileges and immunities to which such citizens are entitled
under the Constitution of the United States.” Now, therefore, I, James Monroe, President
of the United States, in pursuance of the Resolution of Congress aforesaid, have issued
this, my Proclamation, announcing the fact, that the said State of Missouri has assented to
the fundamental condition required by the Resolution of Congress aforesaid: Whereupon
the admission of the said State of Missouri into this Union is declared to be complete.
In Testimony whereof, I have caused the Seal of the United
States of America to be affixed to these Presents, and signed
the same with my hand. Done at the City of Washington,
the tenth day of August A.D. 1821; and of the Independence
of the said United States of America, the Forty Sixth.
By the President, JAMES MONROE
JOHN QUINCY ADAMS, Secretary of State.
CONSTITUTION OF MISSOURI
10
EDITOR’S NOTE: Footnotes to sections of the Missouri Constitution show the date(s) of any modifications to the 1945 edition of that document. Sections are shown as “adopted” if composed entirely of new
language; revised sections are listed as “amended.” The footnotes also show the source of Constitutional
language, often carried over from the Constitution of 1875, and may include references to constitutional
changes prior to 1945. Sections with no footnote contain language from the original 1945 Constitution
that has not been modified since its acceptance.
1945 CONSTITUTION
(Revised 2018)
of the
STATE OF MISSOURI
______________
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.
Source: Preamble of Const. of 1875.
ARTICLE I
BILL OF RIGHTS
In order to assert our rights, acknowledge our duties, and proclaim the principles
on which our government is founded, we declare:
Source: Bill of Rights, Const. of 1875, Art. II.
SECTION
1. Source of political power—origin, basis and aim of government.
2. Promotion of general welfare—natural rights of persons—equality under the law—purpose of government.
3. Powers of the people over internal affairs, constitution and form of government.
4. Independence of Missouri—submission of certain amendments to Constitution of the United States.
5. Religious freedom—liberty of conscience and belief—limitations—right to pray—academic religious freedoms and
prayer.
6. Practice and support of religion not compulsory—contracts therefor enforceable.
7. Public aid for religious purposes—preferences and discriminations on religious grounds.
8. Freedom of speech—evidence of truth in defamation actions—province of jury.
9. Rights of peaceable assembly and petition.
10. Due process of law.
11. Imprisonment for debt.
12. Habeas corpus.
13. Ex post facto laws—impairment of contracts—irrevocable privileges.
14. Open courts—certain remedies—justice without sale, denial or delay.
15. Unreasonable search and seizure prohibited—contents and basis of warrants.
16. Grand juries—composition—jurisdiction to convene—powers.
17. Indictments and informations in criminal cases—exceptions.
18(a). Rights of accused in criminal prosecutions.
18(b). Depositions in felony cases.
18(c). Admissibility of evidence.
19. Self-incrimination and double jeopardy.
20. Bail guaranteed—exceptions.
21. Excessive bail and fines—cruel and unusual punishment.
22(a). Right of trial by jury—qualification of jurors—two-thirds verdict.
22(b). Female jurors—optional exemption.
23. Right to keep and bear arms, ammunition, and certain accessories—exception—rights to be unalienable.
24. Subordination of military to civil power—quartering soldiers.
25. Elections and right of suffrage.
26. Compensation for property taken by eminent domain—condemnation juries—payment—railroad property.
27. Acquisition of excess property by eminent domain—disposition under restrictions.
28. Limitation on taking of private property for private use—exceptions—public use a judicial question.
29. Organized labor and collective bargaining.
30. Treason—attainder—corruption of blood and forfeitures—estate of suicides—death by casualty.
31. Fines or imprisonments fixed by administrative agencies.
32. Crime victims’ rights.
33. Marriage, validity and recognition.
34. English to be the official language in this state.
35. Right to farm.
Art. I § 1
CONSTITUTION OF MISSOURI
12
Section 1. Source of political power—origin, basis and aim of government.—
That all political power is vested in and derived from the people; that all government
of right originates from the people, is founded upon their will only, and is instituted
solely for the good of the whole.
Source: Const. of 1875, Art. II, Sec. 1.
Section 2. Promotion of general welfare—natural rights of persons—equality
under the law—purpose of government.—That all constitutional government is
intended to promote the general welfare of the people; that all persons have a natural
right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their
own industry; that all persons are created equal and are entitled to equal rights and
opportunity under the law; that to give security to these things is the principal office
of government, and that when government does not confer this security, it fails in its
chief design.
Source: Const. of 1875, Art. II, Sec. 4.
Section 3. Powers of the people over internal affairs, constitution and form of
government.—That the people of this state have the inherent, sole and exclusive right
to regulate the internal government and police thereof, and to alter and abolish their
constitution and form of government whenever they may deem it necessary to their
safety and happiness, provided such change be not repugnant to the Constitution of
the United States.
Source: Const. of 1875, Art. II, Sec. 2.
Section 4. Independence of Missouri—submission of certain amendments to
Constitution of the United States.—That Missouri is a free and independent state,
subject only to the Constitution of the United States; that all proposed amendments to
the Constitution of the United States qualifying or affecting the individual liberties of
the people or which in any wise may impair the right of local self-government belonging to the people of this state, should be submitted to conventions of the people.
Source: Const. of 1875, Art. II, Sec. 3.
Section 5. Religious freedom—liberty of conscience and belief—limitations—
right to pray—academic religious freedoms and prayer. That all men and women
have a natural and indefeasible right to worship Almighty God according to the dictates
of their own consciences; that no human authority can control or interfere with the
rights of conscience; that no person shall, on account of his or her religious persuasion
or belief, be rendered ineligible to any public office or trust or profit in this state, be
disqualified from testifying or serving as a juror, or be molested in his or her person or
estate; that to secure a citizen’s right to acknowledge Almighty God according to the
dictates of his or her own conscience, neither the state nor any of its political subdivisions shall establish any official religion, nor shall a citizen’s right to pray or express
his or her religious beliefs be infringed; that the state shall not coerce any person to
participate in any prayer or other religious activity, but shall ensure that any person
shall have the right to pray individually or corporately in a private or public setting
so long as such prayer does not result in disturbance of the peace or disruption of a
public meeting or assembly; that citizens as well as elected officials and employees
of the state of Missouri and its political subdivisions shall have the right to pray on
government premises and public property so long as such prayers abide within the
same parameters placed upon any other free speech under similar circumstances; that
the General Assembly and the governing bodies of political subdivisions may extend
13
BILL OF RIGHTS
Art. I § 10
to ministers, clergypersons, and other individuals the privilege to offer invocations or
other prayers at meetings or sessions of the General Assembly or governing bodies;
that students may express their beliefs about religion in written and oral assignments
free from discrimination based on the religious content of their work; that no student
shall be compelled to perform or participate in academic assignments or educational
presentations that violate his or her religious beliefs; that the state shall ensure public
school students their right to free exercise of religious expression without interference,
as long as such prayer or other expression is private and voluntary, whether individually or corporately, and in a manner that is not disruptive and as long as such prayers
or expressions abide within the same parameters placed upon any other free speech
under similar circumstances; and, to emphasize the right to free exercise of religious
expression, that all free public schools receiving state appropriations shall display, in a
conspicuous and legible manner, the text of the Bill of Rights of the Constitution of the
United States; but this section shall not be construed to expand the rights of prisoners
in state or local custody beyond those afforded by the laws of the United States, excuse
acts of licentiousness, nor to justify practices inconsistent with the good order, peace
or safety of the state, or with the rights of others.
Source: Const. of 1875, Art. II, § 5. (Amended August 7, 2012)
Section 6. Practice and support of religion not compulsory—contracts therefor
enforceable.—That no person can be compelled to erect, support or attend any place or
system of worship, or to maintain or support any priest, minister, preacher or teacher of
any sect, church, creed or denomination of religion; but if any person shall voluntarily
make a contract for any such object, he shall be held to the performance of the same.
Source: Const. of 1875, Art. II, Sec. 6.
Section 7. Public aid for religious purposes—preferences and discriminations
on religious grounds.—That no money shall ever be taken from the public treasury,
directly or indirectly, in aid of any church, sect or denomination of religion, or in aid
of any priest, preacher, minister or teacher thereof, as such; and that no preference shall
be given to nor any discrimination made against any church, sect or creed of religion,
or any form of religious faith or worship.
Source: Const. of 1875, Art. II, Sec. 7.
Section 8. Freedom of speech—evidence of truth in defamation actions—province of jury.—That no law shall be passed impairing the freedom of speech, no matter
by what means communicated: that every person shall be free to say, write or publish,
or otherwise communicate whatever he will on any subject, being responsible for all
abuses of that liberty; and that in all suits and prosecutions for libel or slander the truth
thereof may be given in evidence; and in suits and prosecutions for libel the jury, under
the direction of the court, shall determine the law and the facts.
Source: Const. of 1875, Art. II, Sec. 14.
Section 9. Rights of peaceable assembly and petition.—That the people have the
right peaceably to assemble for their common good, and to apply to those invested
with the powers of government for redress of grievances by petition or remonstrance.
Source: Const. of 1875, Art. II, Sec. 29.
Section 10. Due process of law.—That no person shall be deprived of life, liberty
or property without due process of law.
Source: Const. of 1875, Art. II, Sec. 30.
Art. I § 11
CONSTITUTION OF MISSOURI
14
Section 11. Imprisonment for debt.—That no person shall be imprisoned for debt,
except for nonpayment of fines and penalties imposed by law.
Source: Const. of 1875, Art. II, Sec. 16.
Section 12. Habeas corpus.—That the privilege of the writ of habeas corpus shall
never be suspended.
Source: Const. of 1875, Art. II, Sec. 26.
Section 13. Ex post facto laws—impairment of contracts—irrevocable privileges.—That no ex post facto law, nor law impairing the obligation of contracts, or
retrospective in its operation, or making any irrevocable grant of special privileges or
immunities, can be enacted.
Source: Const. of 1875, Art. II, Sec. 15.
Section 14. Open courts—certain remedies—justice without sale, denial or
delay.—That the courts of justice shall be open to every person, and certain remedy
afforded for every injury to person, property or character, and that right and justice
shall be administered without sale, denial or delay.
Source: Const. of 1875, Art. II, Sec. 10.
Section 15. Unreasonable search and seizure prohibited—contents and basis of
warrants.—That the people shall be secure in their persons, papers, homes, effects,
and electronic communications and data, from unreasonable searches and seizures; and
no warrant to search any place, or seize any person or thing, or access electronic data or
communication, shall issue without describing the place to be searched, or the person
or thing to be seized, or the data or communication to be accessed, as nearly as may be;
nor without probable cause, supported by written oath or affirmation.
Source: Const. of 1875, Art. II, Sec. 11. (Amended August 5, 2014)
Section 16. Grand juries—composition—jurisdiction to convene—powers.—
That a grand jury shall consist of twelve citizens, any nine of whom concurring may
find an indictment or a true bill: Provided, that no grand jury shall be convened except
upon an order of a judge of a court having the power to try and determine felonies;
but when so assembled such grand jury shall have power to investigate and return
indictments for all character and grades of crime; and that the power of grand juries to
inquire into the willful misconduct in office of public officers, and to find indictments
in connection therewith, shall never be suspended.
Source: Const. of 1875, Art. II, Sec. 28 (Amended November 6, 1900).
Section 17. Indictments and informations in criminal cases—exceptions.—That
no person shall be prosecuted criminally for felony or misdemeanor otherwise than
by indictment or information, which shall be concurrent remedies, but this shall not
be applied to cases arising in the land or naval forces or in the militia when in actual
service in time of war or public danger, nor to prevent arrests and preliminary examination in any criminal case.
Source: Const. of 1875, Art. II, Sec. 12 (Amended November 6, 1900), Sch. of 1875 and Sec. 17.
Section 18(a). Rights of accused in criminal prosecutions.—That in criminal
prosecutions the accused shall have the right to appear and defend, in person and
by counsel; to demand the nature and cause of the accusation; to meet the witnesses
15
BILL OF RIGHTS
Art. I § 22(a)
against him face to face; to have process to compel the attendance of witnesses in his
behalf; and a speedy public trial by an impartial jury of the county.
Source: Const. of 1875, Art. II, Sec. 22.
Section 18(b). Depositions in felony cases.—Upon a hearing and finding by the
circuit court in any case wherein the accused is charged with a felony, that it is necessary to take the deposition of any witness within the state, other than defendant and
spouse, in order to preserve the testimony, and on condition that the court make such
orders as will fully protect the rights of personal confrontation and cross-examination
of the witness by defendant, the state may take the deposition of such witness and
either party may use the same at the trial, as in civil cases, provided there has been substantial compliance with such orders. The reasonable personal and traveling expenses
of defendant and his counsel shall be paid by the state or county as provided by law.
Source: Const. of 1945.
Section 18(c). Admissibility of evidence.—Notwithstanding the provisions of
sections 17 and 18(a) of this article to the contrary, in prosecutions for crimes of a
sexual nature involving a victim under eighteen years of age, relevant evidence of prior
criminal acts, whether charged or uncharged, is admissible for the purpose of corroborating the victim’s testimony or demonstrating the defendant’s propensity to commit
the crime with which he or she is presently charged. The court may exclude relevant
evidence of prior criminal acts if the probative value of the evidence is substantially
outweighed by the danger of unfair prejudice.
(Adopted November 4, 2014)
Section 19. Self-incrimination and double jeopardy.—That no person shall be
compelled to testify against himself in a criminal cause, nor shall any person be put
again in jeopardy of life or liberty for the same offense, after being once acquitted by a
jury; but if the jury fail to render a verdict the court may, in its discretion, discharge the
jury and commit or bail the prisoner for trial at the same or next term of court; and if
judgment be arrested after a verdict of guilty on a defective indictment or information,
or if judgment on a verdict of guilty be reversed for error in law, the prisoner may be
tried anew on a proper indictment or information, or according to the law.
Source: Const. of 1875, Art. II, Sec. 23.
Section 20. Bail guaranteed—exceptions.—That all persons shall be bailable by
sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.
Source: Const. of 1875, Art. II, Sec. 24.
Section 21. Excessive bail and fines—cruel and unusual punishment.—That
excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishment inflicted.
Source: Const. of 1875, Art. II, Sec. 25.
Section 22(a). Right of trial by jury—qualification of jurors—two-thirds
verdict.—That the right of trial by jury as heretofore enjoyed shall remain inviolate;
provided that a jury for the trial of criminal and civil cases in courts not of record
may consist of less than twelve citizens as may be prescribed by law, and a two-thirds
majority of such number concurring may render a verdict in all civil cases; that in all
civil cases in courts of record, three-fourths of the members of the jury concurring may
Art. I § 22(b)
CONSTITUTION OF MISSOURI
16
render a verdict; and that in every criminal case any defendant may, with the assent of
the court, waive a jury trial and submit the trial of such case to the court, whose finding
shall have the force and effect of a verdict of a jury.
Source: Const. of 1875, Art. II, Sec. 28 (Amended November 6, 1900).
Section 22(b). Female jurors—optional exemption.—No citizen shall be disqualified from jury service because of sex, but the court shall excuse any woman who
requests exemption therefrom before being sworn as a juror.
Section 23. Right to keep and bear arms, ammunition, and certain accessories—exception—rights to be unalienable.—That the right of every citizen to keep
and bear arms, ammunition, and accessories typical to the normal function of such
arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this
section shall be unalienable. Any restriction on these rights shall be subject to strict
scrutiny and the state of Missouri shall be obligated to uphold these rights and shall
under no circumstances decline to protect against their infringement. Nothing in this
section shall be construed to prevent the general assembly from enacting general laws
which limit the rights of convicted violent felons or those adjudicated by a court to be
a danger to self or others as result of a mental disorder or mental infirmity.
Source: Const. of 1875, Art. II, Sec. 17. (Amended August 5, 2014)
Section 24. Subordination of military to civil power—quartering soldiers.—
That the military shall be always in strict subordination to the civil power; that no soldier shall be quartered in any house without the consent of the owner in time of peace,
nor in time of war, except as prescribed by law.
Source: Const. of 1875, Art. II, Sec. 27.
Section 25. Elections and right of suffrage.—That all elections shall be free and
open; and no power, civil or military, shall at any time interfere to prevent the free
exercise of the right of suffrage.
Source: Const. of 1875, Art. II, Sec. 9.
Section 26. Compensation for property taken by eminent domain—condemnation juries—payment—railroad property.—That private property shall not be taken
or damaged for public use without just compensation. Such compensation shall be
ascertained by a jury or board of commissioners of not less than three freeholders, in
such manner as may be provided by law; and until the same shall be paid to the owner,
or into court for the owner, the property shall not be disturbed or the proprietary rights
of the owner therein divested. The fee of land taken for railroad purposes without
consent of the owner thereof shall remain in such owner subject to the use for which
it is taken.
Source: Const. of 1875, Art. II, Sec. 21.
Section 27. Acquisition of excess property by eminent domain—disposition
under restrictions.—That in such manner and under such limitations as may be provided by law, the state, or any county or city may acquire by eminent domain such
property, or rights in property, in excess of that actually to be occupied by the public
improvement or used in connection therewith, as may be reasonably necessary to effectuate the purposes intended, and may be vested with the fee simple title thereto, or the
control of the use thereof, and may sell such excess property with such restrictions as
shall be appropriate to preserve the improvements made.
17
BILL OF RIGHTS
Art. I § 32
Section 28. Limitation on taking of private property for private use—exceptions—public use a judicial question.—That private property shall not be taken for
private use with or without compensation, unless by consent of the owner, except for
private ways of necessity, and except for drains and ditches across the lands of others
for agricultural and sanitary purposes, in the manner prescribed by law; and that when
an attempt is made to take private property for a use alleged to be public, the question
whether the contemplated use be public shall be judicially determined without regard
to any legislative declaration that the use is public.
Source: Const. of 1875, Art. II, Sec. 20.
Section 29.—Organized labor and collective bargaining.—That employees shall
have the right to organize and to bargain collectively through representatives of their
own choosing.
Section 30. Treason—attainder—corruption of blood and forfeitures—estate
of suicides—death by casualty.—That treason against the state can consist only in
levying war against it, or in adhering to its enemies, giving them aid and comfort; that
no person can be convicted of treason, unless on the testimony of two witnesses to the
same overt act, or on his confession in open court; that no person can be attainted of
treason or felony by the general assembly; that no conviction can work corruption of
blood or forfeiture of estate; that the estates of such persons as may destroy their own
lives shall descend or vest as in cases of natural death; and when any person shall be
killed by casualty, there shall be no forfeiture by reason thereof.
Source: Const. of 1875, Art. II, Sec. 13.
Section 31. Fines or imprisonments fixed by administrative agencies.—That no
law shall delegate to any commission, bureau, board or other administrative agency
authority to make any rule fixing a fine or imprisonment as punishment for its violation.
Section 32. Crime victims’ rights.—1. Crime victims, as defined by law, shall
have the following rights, as defined by law:
(1) The right to be present at all criminal justice proceedings at which the defendant
has such right, including juvenile proceedings where the offense would have been a
felony if committed by an adult;
(2) Upon request of the victim, the right to be informed of and heard at guilty pleas,
bail hearings, sentencings, probation revocation hearings, and parole hearings, unless
in the determination of the court the interests of justice require otherwise;
(3) The right to be informed of trials and preliminary hearings;
(4) The right to restitution, which shall be enforceable in the same manner as any
other civil cause of action, or as otherwise provided by law;
(5) The right to the speedy disposition and appellate review of their cases, provided
that nothing in this subdivision shall prevent the defendant from having sufficient time
to prepare his defense;
(6) The right to reasonable protection from the defendant or any person acting on
behalf of the defendant;
(7) The right to information concerning the escape of an accused from custody or
confinement, the defendant’s release and scheduling of the defendant’s release from
incarceration; and
(8) The right to information about how the criminal justice system works, the rights
and the availability of services, and upon request of the victim the right to information
about the crime.
Art. I § 33
CONSTITUTION OF MISSOURI
18
2. Notwithstanding section 20 of article I of this Constitution, upon a showing that
the defendant poses a danger to a crime victim, the community, or any other person,
the court may deny bail or may impose special conditions which the defendant and
surety must guarantee.
3. Nothing in this section shall be construed as creating a cause of action for
money damages against the state, a county, a municipality, or any of the agencies,
instrumentalities, or employees provided that the General Assembly may, by statutory
enactment, reverse, modify, or supercede any judicial decision or rule arising from any
cause of action brought pursuant to this section.
4. Nothing in this section shall be construed to authorize a court to set aside or to
void a finding of guilt, or an acceptance of a plea of guilty in any criminal case.
5. The general assembly shall have power to enforce this section by appropriate
legislation.
(Adopted November 3, 1992)
Section 33. Marriage, validity and recognition.—That to be valid and recognized
in this state, a marriage shall exist only between a man and a woman.
(Adopted August 3, 2004)
Section 34. English to be the official language in this state.—That English shall
be the language of all official proceedings in this state. Official proceedings shall be
limited to any meeting of a public governmental body at which any public business is
discussed, decided, or public policy formulated, whether such meeting is conducted
in person or by means of communication equipment, including, but not limited to,
conference call, video conference, Internet chat, or Internet message board. The term
“official proceeding” shall not include an informal gathering of members of a public
governmental body for ministerial or social purposes, but the term shall include a
public vote of all or a majority of the members of a public governmental body, by
electronic communication or any other means, conducted in lieu of holding an official
proceeding with the members of the public governmental body gathered at one location
in order to conduct public business.
(Adopted November 4, 2008)
Section 35. Right to farm.—That agriculture which provides food, energy, health
benefits, and security is the foundation and stabilizing force of Missouri’s economy.
To protect this vital sector of Missouri’s economy, the right of farmers and ranchers
to engage in farming and ranching practices shall be forever guaranteed in this state,
subject to duly authorized powers, if any, conferred by article VI of the Constitution
of Missouri.
(Adopted August 5, 2014)
ARTICLE II
THE DISTRIBUTION OF POWERS
SECTION
1. Three departments of government—separation of powers.
Section 1. Three departments of government—separation of powers.—The
powers of government shall be divided into three distinct departments—the legislative,
executive and judicial—each of which shall be confided to a separate magistracy, and no
19
LEGISLATIVE DEPARTMENT
Art. III
person, or collection of persons, charged with the exercise of powers properly belonging
to one of those departments, shall exercise any power properly belonging to either of
the others, except in the instances in this constitution expressly directed or permitted.
Source: Const. of 1875, Art. III.
ARTICLE III
LEGISLATIVE DEPARTMENT
SECTION
1. Legislative power—general assembly.
2. Prohibited activities by General Assembly members and employees—campaign contribution limits and restrictions.
3. Election of representatives—legislative redistricting methods—house independent bipartisan citizens commission,
appointment, duties, compensation—court actions, procedure.
4. Qualifications of representatives.
5. Senators—number—senatorial districts.
6. Qualifications of senators.
7. Senate independent bipartisan citizens commission, appointment, duties, compensation—court actions, procedure.
8. Term limitations for members of general assembly.
9. Apportionment of representatives.
10. Basis of apportionment—alteration of districts.
11. Time of election of senators and representatives.
12. Members of general assembly disqualified from holding other offices.
13. Vacation of office by removal of residence.
14. Writs of election to fill vacancies.
15. Oath of office of members of assembly—administration—effect of refusal to take oath and conviction of violation.
16. Compensation, mileage allowance and expenses of general assembly members.
17. Limitation on number of legislative employees.
18. Appointment of officers of houses—jurisdiction to determine membership—power to make rules, punish for contempt and disorderly conduct and expel members.
19. Legislative privileges—legislative records—legislative proceedings public.
20. Regular sessions of assembly—quorum—compulsory attendance—public sessions—limitation on power to adjourn.
20(a). Automatic adjournment—tabling of bills, when.
20(b). Special session, procedure to convene—limitations—automatic adjournment.
20(c). Political fundraising prohibited on state property.
20(d). Severability provision.
LEGISLATIVE PROCEEDINGS
21. Style of laws—bills—limitation on amendments—power of each house to originate and amend bills—reading of
bills.
22. Referral of bills to committees—recall of referred bills—records of committees—provision for interim meetings.
23. Limitation of scope of bills—contents of titles—exceptions.
24. Printing of bills and amendments.
25. Limitation on introduction of bills.
26. Legislative journals—demand for yeas and nays—manner and record of vote.
27. Concurrence in amendments—adoption of conference committee reports—final passage of bills.
28. Form of reviving, reenacting and amending bills.
29. Effective date of laws—exceptions—procedure in emergencies and upon recess.
30. Signing of bills by presiding officers—procedure on objections—presentation of bills to governor.
31. Governor’s duty as to bills and joint resolutions—time limitations—failure to return, bill becomes law.
32. Vetoed bills reconsidered, when.
33. (Repealed August 5, 1986, L. 1986 HCS HJR 4 and 20, §1, 1st Reg. Sess.)
34. Revision of general statutes—limitation on compensation.
35. Committee on legislative research.
LIMITATION OF LEGISLATIVE POWER
36. Payment of state revenues and receipts to treasury—limitation of withdrawals to appropriations—order of appropriations.
37. Limitation on state debts and bond issues.
37(a). State building bond issue authorized—interest rate—payment from income tax and other funds.
37(b). Water pollution control fund established—bonds authorized—funds to stand appropriated.
37(c). Additional water pollution control bonds authorized—procedure.
37(d). Third state building bond issue authorized—procedures—use of funds.
Art. III § 1
CONSTITUTION OF MISSOURI
20
SECTION
37(e). Water pollution control, improvement of drinking water systems and storm water control—bonds authorized, procedure.
37(f). Fourth state building bond and interest fund created—bond issue authorized, procedure—use of funds.
37(g). Rural water and sewer grants and loans—bonds authorized, procedure.
37(h). Storm water control plans, studies and projects—bonds authorized, procedure—storm water control bond and interest fund created, administration (includes St. Louis City and counties of the first classification).
38(a). Limitation on use of state funds and credit—exceptions—public calamity—blind pensions—old age assistance—
aid to children—direct relief—adjusted compensation for veterans—rehabilitation—participation in federal aid.
38(b). Tax levy for blind pension fund.
38(c). Neighborhood improvement districts, cities and counties may be authorized to establish, powers and duties—limitation on indebtedness.
38(d). Stem cell research—title of law—permissible research—violations, penalty—report required, when—prohibited
acts—definitions.
39. Limitation of power of general assembly.
39(a). Bingo may be authorized—requirements.
STATE LOTTERY
39(b). State lottery, authority to establish—lottery proceeds fund established, purpose.
39(c). Pari-mutuel wagering may be authorized by general assembly—horse racing commission established, election
procedure to adopt or reject horse racing.
39(d). Gaming revenues to be appropriated to public institutions of elementary, secondary and higher education.
39(e). Riverboat gambling authorized on Missouri and Mississippi rivers—boats in moats authorized.
39(f). Raffles and sweepstakes authorized.
40. Limitations on passage of local and special laws.
41. Indirect enactment of local and special laws—repeal of local and special laws.
42. Notice of proposed local or special laws.
43. Title and control of lands of United States—exemption from taxation—taxation of lands of nonresidents.
44. Uniform interest rates.
45. Congressional apportionment.
45(a). Term limitations for members of U.S. Congress—effective when—voluntary observance required, when.
46. Militia.
46(a). Emergency duties and powers of assembly on enemy attack.
47. State parks—appropriations for, required.
48. Historical memorials and monuments—acquisition of property.
INITIATIVE AND REFERENDUM
49.
50.
51.
52(a).
52(b).
53.
Reservation of power to enact and reject laws.
Initiative petitions—signatures required—form and procedure.
Appropriations by initiative—effective date of initiated laws—conflicting laws concurrently adopted.
Referendum—exceptions—procedure.
Veto power—elections—effective date.
Basis for computation of signatures required.
Section 1. Legislative power—general assembly.—The legislative power shall be
vested in a senate and house of representatives to be styled “The General Assembly of
the State of Missouri.”
Source: Const. of 1875, Art. IV, Sec. 1.
*Section 2. Prohibited activities by General Assembly members and employees—campaign contribution limits and restrictions.—(a) After December 6, 2018,
no person serving as a member of or employed by the general assembly shall act or
serve as a paid lobbyist, register as a paid lobbyist, or solicit prospective employers
or clients to represent as a paid lobbyist during the time of such service until the
expiration of two calendar years after the conclusion of the session of the general
assembly in which the member or employee last served and where such service
was after December 6, 2018.
(b) No person serving as a member of or employed by the general assembly shall
accept directly or indirectly a gift of any tangible or intangible item, service, or thing
of value from any paid lobbyist or lobbyist principal. This Article shall not prevent
candidates for the general assembly, including candidates for reelection, or candidates
21
LEGISLATIVE DEPARTMENT
Art. III § 3
for offices within the senate or house from accepting campaign contributions consistent with this Article and applicable campaign finance law. Nothing in this section
shall prevent individuals from receiving gifts, family support or anything of value from
those related to them within the fourth degree by blood or marriage.
(c) The general assembly shall make no law authorizing unlimited campaign contributions to candidates for the general assembly, nor any law that circumvents the contribution limits contained in this Constitution. In addition to other campaign contribution
limitations or restrictions provided for by law, the amount of contributions made to
or accepted by any candidate or candidate committee from any person other than the
candidate in any one election to the office of state representative or state senator shall
not exceed the following:
(1) To elect an individual to the office of state senator, two thousand four hundred
dollars; and
(2) To elect an individual to the office of state representative, two thousand dollars.
The contribution limits and other restrictions of this section shall also apply to any
person exploring a candidacy for the office of state representative or state senator.
(d) No contribution to a candidate for legislative office shall be made or accepted,
directly or indirectly, in a fictitious name, in the name of another person, or by or
through another person in such a manner as to, or with the intent to, conceal the identity
of the actual source of the contribution. There shall be a rebuttable presumption that
a contribution to a candidate for public office is made or accepted with the intent to
circumvent the limitations on contributions imposed in this section when a contribution is received from a committee or organization that is primarily funded by a single
person, individual, or other committee that has already reached its contribution limit
under any law relating to contribution limitations. A committee or organization shall be
deemed to be primarily funded by a single person, individual, or other committee when
the committee or organization receives more than fifty percent of its annual funding
from that single person, individual, or other committee.
(e) In no circumstance shall a candidate be found to have violated limits on acceptance of contributions if the Missouri ethics commission, its successor agency, or a
court determines that a candidate has taken no action to indicate acceptance of or
acquiescence to the making of an expenditure that is deemed a contribution pursuant
to this section.
(f) No candidate shall accept contributions from any federal political action committee unless the committee has filed the same financial disclosure reports that would
be required of a Missouri political action committee.
(Adopted November 6, 2019) (Amended November 3, 2020)
*Transferred 2018; now Article III, § 3. This new section has no continuity with the former version.
*Section 3. Election of representatives—legislative redistricting methods—
house independent bipartisan citizens commission, appointment, duties, compensation—court actions, procedure.—(a) The house of representatives shall consist
of one hundred sixty-three members elected at each general election and redistricted as provided in this section.
(b) The house independent bipartisan citizens commission shall redistrict the house
of representatives using the following methods, listed in order of priority:
(1) Districts shall be as nearly equal as practicable in population, and shall be drawn
on the basis of one person, one vote. Districts are as nearly equal as practicable in population if no district deviates by more than one percent from the ideal population of the
district, as measured by dividing the number of districts into the statewide population
Art. III § 3
CONSTITUTION OF MISSOURI
22
data being used, except that a district may deviate by up to three percent if necessary
to follow political subdivision lines consistent with subdivision (4) of this subsection;
(2) Districts shall be established in a manner so as to comply with all requirements
of the United States Constitution and applicable federal laws, including, but not limited to, the Voting Rights Act of 1965 (as amended). The following principles shall
take precedence over any other part of this constitution: no district shall be drawn in
a manner which results in a denial or abridgment of the right of any citizen of the
United States to vote on account of race or color; and no district shall be drawn such
that members of any community of citizens protected by the preceding clause have less
opportunity than other members of the electorate to participate in the political process
and to elect representatives of their choice;
(3) Subject to the requirements of subdivisions (1) and (2) of this subsection, districts shall be composed of contiguous territory as compact as may be. Areas which
meet only at the points of adjoining corners are not contiguous. In general, compact
districts are those which are square, rectangular, or hexagonal in shape to the extent
permitted by natural or political boundaries;
(4) To the extent consistent with subdivisions (1) to (3) of this subsection, communities shall be preserved. Districts shall satisfy this requirement if district lines follow
political subdivision lines to the extent possible, using the following criteria, in order
of priority. First, each county shall wholly contain as many districts as its population
allows. Second, if a county wholly contains one or more districts, the remaining population shall be wholly joined in a single district made up of population from outside
the county. If a county does not wholly contain a district, then no more than two segments of a county shall be combined with an adjoining county. Third, split counties
and county segments, defined as any part of the county that is in a district not wholly
within that county, shall each be as few as possible. Fourth, as few municipal lines
shall be crossed as possible;
(5) Districts shall be drawn in a manner that achieves both partisan fairness and,
secondarily, competitiveness, but the standards established by subdivisions (1) to (4)
of this subsection shall take precedence over partisan fairness and competitiveness.
“Partisan fairness” means that parties shall be able to translate their popular support
into legislative representation with approximately equal efficiency. “Competitiveness”
means that parties’ legislative representation shall be substantially and similarly
responsive to shifts in the electorate’s preferences.
To this end, the average electoral performance of the two political parties receiving
the most votes in the three preceding general elections for governor, for United States
Senate, and for President of the United States shall be calculated. This index shall be
defined as the total votes received by each party in the three preceding general elections for governor, for United States Senate, and for President of the United States,
divided by the total votes cast for both parties in these elections. Using this index, the
total number of wasted votes for each party, summing across all of the districts in the
plan shall be calculated. “Wasted votes” are votes cast for a losing candidate or for a
winning candidate in excess of the threshold needed for victory. In any redistricting
plan and map of the proposed districts, the difference between the two parties’ total
wasted votes, divided by the total votes cast for the two parties, shall not exceed fifteen
percent.
To promote competitiveness, the electoral performance index shall be used to
simulate elections in which the hypothetical statewide vote shifts by one percent, two
percent, three percent, four percent, and five percent in favor of each party. The vote
in each individual district shall be assumed to shift by the same amount as the state-
23
LEGISLATIVE DEPARTMENT
Art. III § 3
wide vote. In each of these simulated elections, the difference between the two parties’
total wasted votes, divided by the total votes cast for the two parties, shall not exceed
fifteen percent.
(c) Within sixty days after the population of this state is reported to the President
for each decennial census of the United States or, in the event that a redistricting plan
has been invalidated by a court of competent jurisdiction, within sixty days that such
a ruling has been made, the state committee and the congressional district committees
of each of the two political parties casting the highest vote for governor at the last
preceding general election shall meet and the members of each committee shall nominate, by a majority vote of the elected members of the committee present, provided
that a majority of the elected members is present, members of their party, residents
in that district, in the case of a congressional district committee, as nominees for the
house independent bipartisan citizens commission. No party shall select more than one
nominee from any one state legislative district. The congressional district committees
shall each submit to the governor their list of two elected nominees. The state committees shall each submit to the governor their list of five elected nominees. Within thirty
days thereafter, the governor shall appoint a house independent bipartisan citizens
commission consisting of one nominee from each list submitted by each congressional
district committee and two nominees from each list submitted by each state committee
to redistrict the state into one hundred and sixty-three representative districts and to
establish the numbers and boundaries of said districts. No person shall be appointed to
both the house independent bipartisan citizens commission and the senate independent
bipartisan citizens commission during the same redistricting cycle.
If any committee fails to submit a list within such time, the governor shall appoint
a member of his or her own choice from the political party of the committee failing to
submit a list, provided that in the case of a congressional district committee failing to
submit a list, the person appointed to the commission by the governor shall reside in
the congressional district of such committee.
Members of the commission shall be disqualified from holding office as members
of the general assembly for four years following the date of the filing by the commission of its final redistricting plan.
For the purposes of this Article, the term congressional district committee or congressional district refers to the congressional district committee or the congressional
district from which a congressman was last elected, or, in the event members of congress from this state have been elected at large, the term congressional district committee refers to those persons who last served as the congressional district committee for
those districts from which congressmen were last elected, and the term congressional
district refers to those districts from which congressmen were last elected. Any action
pursuant to this section by the congressional district committee shall take place only
at duly called meetings, shall be recorded in their official minutes and only members
present in person shall be permitted to vote.
(d) The commissioners so selected shall, on the fifteenth day, excluding Sundays
and state holidays, after all members have been appointed, meet in the capitol building
and proceed to organize by electing from their number a chairman, vice chairman and
secretary. The commission shall adopt an agenda establishing at least three hearing
dates on which hearings open to the public shall be held to hear objections or testimony
from interested persons. A copy of the agenda shall be filed with the clerk of the house
of representatives within twenty-four hours after its adoption. Executive meetings may
be scheduled and held as often as the commission deems advisable.
Art. III § 4
CONSTITUTION OF MISSOURI
24
(e) Not later than five months after the appointment of the commission, the commission shall file with the secretary of state a tentative redistricting plan and map of
the proposed districts and during the ensuing fifteen days shall hold such public hearings as may be necessary to hear objections or testimony of interested persons. The
commission shall make public the tentative redistricting plan and map of the proposed
districts, as well as all demographic and partisan data used in the creation of the plan
and map.
(f) Not later than six months after the appointment of the commission, the commission shall file with the secretary of state a final statement of the numbers and the
boundaries of the districts together with a map of the districts, and no statement shall
be valid unless approved by at least seven-tenths of the members.
(g) After the final statement is filed, members of the house of representatives shall
be elected according to such districts until a new redistricting plan is made as provided
in this section, except that if the final statement is not filed within six months of the
time fixed for the appointment of the commission, the commission shall stand discharged and the house of representatives shall be redistricted using the same methods
and criteria as described in subsection (b) of this section by a commission of six members appointed from among the judges of the appellate courts of the state of Missouri
by the state supreme court, a majority of whom shall sign and file its redistricting plan
and map with the secretary of state within ninety days of the date of the discharge of
the house independent bipartisan citizens commission. The judicial commission shall
make public the tentative redistricting plan and map of the proposed districts, as well as
all demographic and partisan data used in the creation of the plan and map. Thereafter,
members of the house of representatives shall be elected according to such districts
until a redistricting plan is made as provided in this section.
(h) Each member of the commission shall receive as compensation fifteen dollars
a day for each day the commission is in session but not more than one thousand dollars, and, in addition, shall be reimbursed for his or her actual and necessary expenses
incurred while serving as a member of the commission.
(i) No redistricting plan shall be subject to the referendum.
(j) Any action expressly or implicitly alleging that a redistricting plan violates this
Constitution, federal law, or the United States Constitution shall be filed in the circuit
court of Cole County and shall name the body that approved the challenged redistricting plan as a defendant. Only an eligible Missouri voter who sustains an individual
injury by virtue of residing in a district that exhibits the alleged violation, and whose
injury is remedied by a differently drawn district, shall have standing. If the court renders a judgment in which it finds that a completed redistricting plan exhibits the alleged
violation, its judgment shall adjust only those districts, and only those parts of district
boundaries, necessary to bring the map into compliance. The supreme court shall have
exclusive appellate jurisdiction upon the filing of a notice of appeal within ten days
after the judgment has become final.
Source: Const. of 1945 (Amended January 14, 1966) (Amended November 2, 1982) (Amended
November 6, 2018) (Amended November 3, 2020)
*Transferred 2018; formerly Article III, § 2. No continuity with previous Article III, § 3, repealed
November 2, 1982, L. 1982 SJR 39, § 1 2nd Reg. Sess.
CROSS REFERENCE: Voter qualifications, RSMo 115.133
Section 4. Qualifications of representatives.—Each representative shall be
twenty-four years of age, and next before the day of his election shall have been a
qualified voter for two years and a resident of the county or district which he is chosen
25
LEGISLATIVE DEPARTMENT
Art. III § 7
to represent for one year, if such county or district shall have been so long established,
and if not, then of the county or district from which the same shall have been taken.
Source: Const. of 1875, Art. IV, Sec. 4.
Section 5. Senators—number—senatorial districts.—The senate shall consist
of thirty-four members elected by the qualified voters of the senatorial districts for a
term of four years. Senatorial districts shall be apportioned as provided for in Article
III, Section 7.
Source: Const. of 1875, Art. IV, Secs. 5, 9. (Amended January 14, 1966) (Amended November 6, 2018)
Section 6. Qualifications of senators.—Each senator shall be thirty years of age,
and next before the day of his election shall have been a qualified voter of the state for
three years and a resident of the district which he is chosen to represent for one year,
if such district shall have been so long established, and if not, then of the district or
districts from which the same shall have been taken.
Source: Const. of 1875, Art. IV, Sec. 6.
Section 7. Senate independent bipartisan citizens commission, appointment,
duties, compensation—court actions, procedure.—(a) Within sixty days after
the population of this state is reported to the President for each decennial census of
the United States, or within sixty days after a redistricting plan has been invalidated by a court of competent jurisdiction, the state committee and the congressional
district committees of each of the two political parties casting the highest vote for
governor at the last preceding general election shall meet and the members of each
committee shall nominate, by a majority vote of the elected members of the committee present, provided that a majority of the elected members is present, members of their party, residents in that district, in the case of a congressional district
committee, as nominees for the senate independent bipartisan citizens commission.
No party shall select more than one nominee from any one state legislative district.
The congressional district committees shall each submit to the governor their list
of two elected nominees. The state committees shall each submit to the governor
their list of five elected nominees. Within thirty days thereafter the governor shall
appoint a senate independent bipartisan citizens commission consisting of two
nominees from each list submitted by each state committee and one nominee
from each list submitted by each congressional district committee, to redistrict the
thirty-four senatorial districts and to establish the numbers and boundaries of said
districts. No person shall be appointed to both the house independent bipartisan
citizens commission and the senate independent bipartisan citizens commission
during the same redistricting cycle.
If any committee fails to submit a list within such time, the governor shall appoint
a member of his or her own choice from the political party of the committee failing to
submit a list, provided that in the case of a congressional district committee failing to
submit a list, the person appointed to the commission by the governor shall reside in
the congressional district of such committee.
Members of the commission shall be disqualified from holding office as members
of the general assembly for four years following the date of the filing by the commission of its final redistricting plan.
(b) The commissioners so selected shall, on the fifteenth day, excluding Sundays
and state holidays, after all members have been appointed, meet in the capitol building
and proceed to organize by electing from their number a chairman, vice chairman and
secretary. The commission shall adopt an agenda establishing at least three hearing
Art. III § 7
CONSTITUTION OF MISSOURI
26
dates on which hearings open to the public shall be held to hear objections or testimony
from interested persons. A copy of the agenda shall be filed with the secretary of the
senate within twenty-four hours after its adoption. Executive meetings may be scheduled and held as often as the commission deems advisable.
(c) The senate independent bipartisan citizens commission shall redistrict the senate
using the same methods and criteria as those required by subsection (b), section 3 of
this Article for the redistricting of the house of representatives.
(d) Not later than five months after the appointment of the senate independent
bipartisan citizens commission, the commission shall file with the secretary of state a
tentative redistricting plan and map of the proposed districts and during the ensuing
fifteen days shall hold such public hearings as may be necessary to hear objections or
testimony of interested persons. The commission shall make public the tentative redistricting plan and map of the proposed districts, as well as all demographic and partisan
data used in the creation of the plan and map.
(e) Not later than six months after the appointment of the commission, the commission shall file with the secretary of state a final statement of the numbers and the
boundaries of the districts together with a map of the districts, and no statement shall
be valid unless approved by at least seven-tenths of the members.
(f) After the final statement is filed, senators shall be elected according to such
districts until a new redistricting plan is made as provided in this section, except that if
the final statement is not filed within six months of the time fixed for the appointment
of the commission, the commission shall stand discharged and the senate shall be redistricted using the same methods and criteria as described in subsection (b) of section 3
of this Article by a commission of six members appointed from among the judges of
the appellate courts of the state of Missouri by the state supreme court, a majority of
whom shall sign and file its redistricting plan and map with the secretary of state within
ninety days of the date of the discharge of the senate independent bipartisan citizens
commission. The judicial commission shall make public the tentative redistricting plan
and map of the proposed districts, as well as all demographic and partisan data used in
the creation of the plan and map. Thereafter, senators shall be elected according to such
districts until a redistricting plan is made as provided in this section.
(g) Each member of the commission shall receive as compensation fifteen dollars
a day for each day the commission is in session, but not more than one thousand dollars, and, in addition, shall be reimbursed for his or her actual and necessary expenses
incurred while serving as a member of the commission.
(h) No redistricting plan shall be subject to the referendum.
(i) Any action expressly or implicitly alleging that a redistricting plan violates this
Constitution, federal law, or the United States Constitution shall be filed in the circuit
court of Cole County and shall name the body that approved the challenged redistricting plan as a defendant. Only an eligible Missouri voter who sustains an individual
injury by virtue of residing in a district that exhibits the alleged violation, and whose
injury is remedied by a differently drawn district, shall have standing. If the court renders a judgment in which it finds that a completed redistricting plan exhibits the alleged
violation, its judgment shall adjust only those districts, and only those parts of district
boundaries, necessary to bring the map into compliance. The supreme court shall have
exclusive appellate jurisdiction upon the filing of a notice of appeal within ten days
after the judgment has become final.
Source: Const. of 1945 (Amended January 14, 1966) (Amended November 2, 1982) (Amended November 6, 2018)
(Amended November 3, 2020)
27
LEGISLATIVE DEPARTMENT
Art. III § 14
Section 8. Term limitations for members of General Assembly.—No one
shall be elected to serve more than eight years total in any one house of the General
Assembly nor more than sixteen years total in both houses of the General Assembly.
In applying this section, service in the General Assembly resulting from an election
prior to December 3, 1992, or service of less than one year, in the case of a member of
the house of representatives, or two years, in the case of a member of the senate, by a
person elected after the effective date of this section to complete the term of another
person, shall not be counted.
(Adopted November 3, 1992) (Amended November 5, 2002)
Section 9. Apportionment of representatives.—Until the convening of the Sev
enty-fourth General Assembly the House of Representatives shall consist of one
hundred sixty-three members elected from the one hundred sixty-three representative
districts, as they existed January 1, 1965.
(Amended January 14, 1966)
Section 10. Basis of apportionment—alteration of districts.—The last decennial
census of the United States shall be used in apportioning representatives and determining the population of senatorial and representative districts. Such districts may be
altered from time to time as public convenience may require.
Source: Const. of 1875, Art. IV, Secs. 2, 5, 7, 9.
Section 11. Time of election of senators and representatives.—The first election
of senators and representatives under this constitution, shall be held at the general
election in the year one thousand nine hundred and forty-six when the whole number
of representatives and the senators from the districts having even numbers, who shall
compose the first class, shall be elected, and two years thereafter the whole number of
representatives and the senators from districts having odd numbers, who shall compose
the second class, shall be elected, and so on at each succeeding general election.
Source: Const. of 1875, Art. IV, Sec. 10.
Section 12. Members of general assembly disqualified from holding other offices.—No person holding any lucrative office or employment under the United States,
this state or any municipality thereof shall hold the office of senator or representative.
When any senator or representative accepts any office or employment under the United
States, this state or any municipality thereof, his office shall thereby be vacated and
he shall thereafter perform no duty and receive no salary as senator or representative.
During the term for which he was elected no senator or representative shall accept any
appointive office or employment under this state which is created or the emoluments
of which are increased d…
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U.S History
national government
Federal Republic
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