Missouri Constitution and Government

A constitution is a set of basic rules which limit the powers which government may use to accomplish its ends. Since state constitutions deal with many more specifics than the federal constitution, they generally are much longer and require much more frequent change, partially or entirely. Missouri has had four constitutions in her history, the first in 1820, then 1864 and 1875, and after a very long period during which significant shifts in population took place, again in 1945. The 1945 constitution is the one now in force, but it carries a provision that at least once every twenty years the question of holding a state constitution convention should be put to the voters. The 1875 constitution had no such provision and so heavily over-represented rural areas as the state’s urban population grew. (This was fairly common throughout most of the states during the 1875-1945 period.)

The first article of the Missouri Constitution deals with a Bill of Rights. Included in this Bill of Rights are many of the same provisions of the Federal Bill of Rights plus some interesting additions. Besides freedom of religion, expression, assembly, to keep or bear arms (subject to state control), are items which protect labor unions and collective bargaining, life, liberty, and the pursuit of happiness (from the Declaration of Independence), and equal protection of the law (from the Federal 14^th Amendment). The usual procedural protections are included, such as trial rights and protection against unreasonable search and seizure. The Missouri Bill of Rights also claims State Sovereignty (a claim that Missouri is totally free to make all her own decisions), and Popular Sovereignty (the people rule or are the basic power in the state.)

The Missouri legislature is called the General Assembly. It is bicameral (two houses). The Senate consists of 34 members serving four-year terms, which overlap. Half are elected every two years, ie. 17 were elected in 1992 and the other half will be elected in 1994. Qualifications to be a Senator are at least 30 years of age, a qualified voter in Missouri for three years, and a resident of the senatorial district for one year. The House of Representatives consists of 163 members, all elected every two years for a two-year term. Qualifications to be a Representative are at least 24 years of age, a qualified voter in Missouri for two years, and a resident of the representative district for one year. Both Senators and Representatives are exempt for civil law suits during the session of the General Assembly and a period of 15 days before or after the session. This is to protect them from being deliberately forced to be away from carrying out the peoples’ business and thus perhaps control the outcome of some votes in the Assembly. Similarly they are not held liable for remarks made in Assembly session for much the same reason.

The leadership of the House consists of a Speaker and an Assistant Speaker. The Speaker has great powers, appointing all Standing Committees. The leader of the majority party in the House is almost always chosen for the position. In the Senate the constitutional presiding officer is the Lieutenant Governor, however, he has no real power since he is of the Executive Branch. The real power position in the Senate if the President Pro Tempore (literally temporary president), who is elected by the membership, thus always is the leader of the majority party.

Like the Speaker he appoints all Standing Committees. A Standing Committee is one which is considered permanently necessary to handle the normal business in a session. Since all bills must come from a Standing Committee, it therefore gives the membership of that committee great influence of the bills’ chances of success. The strongest member of the committee is, of course, the chairman.

The General Assembly is an annual legislature. It opens on the first Wednesday after the fist Monday in January and ends the first Friday after the second Monday in May. The General Assembly, itself, may also call a veto over-ride session, which meets in September for only 10 days. The Governor may call a Special Session for a specific purpose and the Assembly can only consider that subject. Such Special Sessions may last only 60 calendar days.

The legislative branch legislates, that is, makes laws (statutes). Its concern is in the area of the Police Powers of the State (the concern of all parts of the state government ). By definition these powers are the power to protect the health, the safety, and the general welfare of its citizens. Therefore, fire regulations would be part of these State Police Powers, or ambulance service, water purity, etc.

The law-making process is much the same as in the federal legislature. Bills are introduced and sent to appropriate Standing Committees. They hold hearings and receive expert evidence (and inexpert, too). With their recommendation, the bill is sent to the floor for debate and consideration. If it passes it must go through the same process in the other house. Compromises must be worked out if the two houses have different versions of the bill. If it is passed in identical form by both houses, it then is sent to the Governor for his consideration. If he does not approve, and the legislature is still is session, then he must veto with a 15 day time limit. If the Assembly is adjourned, then the Governor has 45 days to take action. If the Assembly wished to over-ride the veto, they may call an over-ride session. The Missouri Governor has, in addition, an Item Veto on Appropriation bills only. That is, he may veto part of the bill and still pass the rest of the bill so the state’s functioning may continue to operate and not have to shut down due to the absence of funds. The Governor may also reduce the amounts of money cited for particular items.

If the government is not responsive to the wishes of the citizens, then the citizens may either initiate action, or have acts that have been passed first referred to them for approval. The Initiative and Referendum are methods by which the voters may directly legislate or veto legislation. In order to use the Initiative to get a law passed, petitions must be secured in at least 2/3 of Missouri’s Congressional Districts (currently 6 of 9). These petitions to be valid must be signed by eligible voters in each district, the minimum number representing at least five percent of the vote total in that district for the last general election. If such petitions are secured in at least 2/3 of the districts, then the issue is placed on the ballot at the next general election. If a simple majority of those choosing to vote, favor it, then it is enacted into law.

A constitutional amendment may also be initiated by the public and the method is identical except the petitions must be signed by eight percent.

The Referendum is used when the public feels the state government is passing laws that they, the public, do not want. Such laws can be referred to the people at a general election by the same process as described above for the Initiative with the same five percent petitions. There are some exceptions however, since a distinct minority could in effect shut down the state if they prevented all laws from going into effect until after the general election. Therefore, emergency laws for the general welfare, and money spending laws for current government expenses—schools, state institutions, etc., are exempt from the Referendum.

Because the state legislature is one of the minor leagues in the game of politics, the quality of representation is generally less than in the major leagues, the national government.

The Executive Branch—the law enforcing branch—consists of six independently elected executives plus a number of appointed personnel. All six executives are elected for four-year terms, and five of them are elected in the same years of president elections. The sixth, State Auditor, is elected two years later. The chief executive is the Governor, who is the only official limited by the current constitution to two terms of office. Qualifications to be governor are at least 30 years of age, 15 years a United States citizen, and a resident of Missouri for the ten years immediately preceding his gubernatorial election. The Governor makes all executive branch appointments with the consent of the Senate. He is the chief law enforcement officer in the state and also commands the state militia. The Lieutenant Governor’s function is to preside over the Senate and vote in the event of a tie. Outside of this, he has little power because the Senate won’t let him run that house and the Governor doesn’t allocate functions for him.

The Secretary of State is the publisher of all state documents. The Attorney General is the head of the office, which prosecutes for the state in court, protecting the state’s interest. The State Treasurer distributes the funds of the state and is checked be the State Auditor, who audits the accounts and therefore has his election offset by two years, yet still serves a full four-year term.

Missouri Judicial Branch is basically a three-tiered system of courts. The highest level being the Supreme Court, the intermediate is the courts of Appeal and the lower is the Circuit Courts, which now consist of three subdivisions itself.

Should you commit a crime, your case would have its original jurisdiction (trial) at the Circuit Court Division II (formerly Magistrate Court) if it is a minor crime (misdemeanor). If it is amore serious crime (felony), it would be heard at the Circuit Court Division I. The Circuit Court if the only level which has juries. If the decision in the case of your misdemeanor is unacceptable to you, you may appeal it to Circuit Court Division I, this level having both original jurisdiction over felonies and appellate jurisdiction over misdemeanors. If you are not satisfied with the verdict for our felony trial, you may appeal to the Court of Springfield. At the Court of Appeals and at the Supreme Court there are no juries but decisions are rendered by the judges, a panel of three judges setting at the Court of Appeals level.

The Supreme Court consists of seven judges and handles only appeals and impeachment. To be a member of the Supreme or Appellate Courts one must be between the ages of 30 and 70, be a citizen of the United States for 15 years, and a voter in the state for the last nine years. In addition the Appeals judges must live in the respective districts. To be a Circuit Court Class I judge one must be 30-70, a U.S. citizen for the last ten years, and a voter in Missouri the last three years.

Circuit Court Division III is the level formerly known as Probate Court and its jurisdiction is the probating of wills. The term of office for Division II and Division III courts is four years each and they are elected. Division I judges have a term of six years and usually are elected, although they may be appointed by the Non Partisan Judicial Commission method, if such system is agreed to by the voters of the circuit.

The top two levels in Missouri (Supreme and Appeals) each have a 12-year term and are appointed only by the Non Partisan Commission method, originated in Missouri as a solution to the dilemma of political intrigue if elected, and difficulty in removal if appointed. For the Supreme Court, if a vacancy occurs a NPJC chosen by the state bar association and by the Governor, recommends three candidates to the Governor. The Governor chooses one who must serve at least one year, after which at the next general election the voters decide if the judge should begin a full term of 12 years. If he receives a simple majority yes, he starts a 12-years term. At the end of the term the question is put on the ballot again or if the judge retires or chooses not to continue, the NPJC activates again. The method for Courts of Appeal is the same, there being a separate NPJC for each appellate district. In addition Circuit Court districts may elect to place the Division I level on a NPJC also.

LOCAL GOVERNMENT IN MISSOURI

Much of the power to regulate internal affairs in Missouri is delegated to locally elected governing bodies, such governments of counties, cities, townships and various kinds of districts (like school districts). These local units have no reserved powers of their own, but only those which are granted to them by the Missouri constitution and laws. The state sets up both the basic frameworks of government available to the local units and also the conditions governing local choice and implementation. The people in the local units fill in the details with appropriate actions and ordinations, being allowed more or less discretion depending on the size of the population and other factors.

COUNTY GOVERNMENT

There are 114 counties in Missouri, plus the city of St. Louis, which under the constitution has county status. With the exception of the city of St. Louis, all 114 Missouri counties have some basic type of county government, although the structure and operation of county governments vary considerably.

Most county governments are directed by the presiding commissioner of the county commission and the other commissioners of the commission; all of them are elected by the people. The county commission serves as both the central executive and legislative body.

St. Louis is governed by a County Supervisor who is responsible for the operation of the departments of county government. A seven-member County Council functions as the legislative body of St. Louis County. The County Supervisor is elected to a four-year term as are the member of the County Council.

With each county there is a collection of separate elective officers performing various tasks. Most counties elect a prosecuting attorney, sheriff, coroner, assessor, and revenue collector who perform necessary law enforcement and fiscal management duties.

County governments are characterized by varying degrees of coordination and centralization. This is due in part to the fact that the General Assembly and the Governor are themselves technically the primary legislative and executive organs of the state and its subdivisions.

County Commission’s chief duties are to set the tax rate for the county, and to look after the county roads and other property belonging to the county.

1. Presiding Commissioner 4-year term

2. Associate Commissioner 2-year term

The CIRCUIT CLERK keeps all the records of the circuit court in that county.

The COUNTY CLERK keeps the records of the county court, makes up the tax books from information given by the assessor, and makes the necessary preparations for holding elections (except in St. Louis City, St. Louis County, Jackson County, Kansas City, and Clay County, where this is done by boards of election commissioners).

The ASSESSOR puts a valuation on property owned by the people of the county. This estimated valuation is used as a basis for figuring out how much property tax the citizens must pay each year. The estimates are turned over to the county clerk, who computes the taxes and passes the information on to the collector.

The COLLECTOR sees that the taxes are collected from the people who owe them. Most tax-paying is done voluntarily by the citizens, who go to the collector’s office in the courthouse, or mail in their checks toward the end of the calendar year.

The TREASURER receives the tax monies collected by the collector, and pays them out when ordered to do so by the county court.

It is the duty of the PROSECUTING ATTORNEY to "prosecute" law violators in the circuit court. He also gives legal advise to county officials when they need it.

The SHERIFF arrests people who violate state laws in the county. He has charge of the county jail.

The RECORDER keeps accurate records of real estate sales and mortgages, services which are very important to the people concerned. This office also issues marriage licenses.

The CORONER investigates any suspicious death occurring in the county. If there is any reason to suspect that a crime has been committed, he will hold an "inquest," which is a sort of preliminary trial. If it shows that a crime has probably been committed, then the case will be turned over to the sheriff and the prosecuting attorney.

The SURVEYOR makes all the official surveys of land in the county. This is an important service whenever a question arises regarding the location of the buildings on city lots or the laying out of new subdivisions.

The HIGHWAY ENGINEER is often the same person as the surveyor. He carries out the county court’s directions on the upkeep of the county roads and bridges.

The PUBLIC ADMINISTRATOR looks after all private property that has no one to claim it, until the court can make some legal disposition of it.

The AUDITOR is found only in Class I and II counties with high assessed valuation. This official sets up the accounting system for the county and approves all payments from county funds before they are made.

The COUNTY COUNSELOR is found only in Class I counties. He acts as legal adviser to the county commission, draws up all contracts relating to the county, and prosecutes or defends (as the case may be) all civil suits or actions involving the county or its officers. Only in Class I counties.

Every county has a BOARD OF EQUALIZATION to hear appeals by persons who are dissatisfied with valuations placed on their property by the assessor. The board usually consists of the judges of the county court, the assessor, the surveyor, and the county clerk. The county clerk, though, does not have a vote on the board.

To encourage county health programs, the state passed a law in 1951 permitting any county to levy a special tax to finance a county health center. Such a center is controlled by HEALTH CENTER TRUSTEES elected by the voters by the county. Many counties now have such health centers.

TOWNSHIPS

Twenty-three counties, mostly in the west and northwest parts of the state, have what is called the "township form of government." By this arrangement certain county functions, like assessing and collecting taxes, are handled by the officers of the sub-division of the court instead of by one official in the courthouse.

CITY GOVERNMENT

There are three main types of city government being used in Missouri today: the mayor-council form, the commission form, and the council-manager form.

The Mayor-Council Form

This is the form of city government which appears most frequently in Missouri. In this type of government there is city council (or board of alderman) composed of four or more members who are elected by the people, a mayor who is either elected by the people or by the council from among its own members and several administrative officials who are elected by the people of the community or who are appointed by the mayor.

The duties of the council in the mayor-council form of city government are restricted to adopting the "ordinances" (local laws) for the city. Councilmen are usually elected from subdivisions of the city. These subdivisions are called "wards." The mayor acts as the chief executive of the mayor-council organization and is responsible for carrying out the ordinances made by the council.

The Commission Form

In this form of city government one body, called the board of commissioners (or the "city council" in some places), performs both the legislative and the executive functions, The board of commissioners has the duty of passing the ordinances which govern the affairs of its city. Each commissioner then acts as a department head and carries out one particular group of ordinances. The commissioners may also appoint and oversee an official who will carry out the work, such as that which concerns streets, public utilities or parks. The commissioners in this form of government are elected by the people of the city.

The Council-Manager Form

The Council-manager form of government is comprised of a council, a mayor and a city manager. The council passes the city ordinances, and its members are elected from wards within the city. The duties of the mayor include presiding at council meetings; the mayor has little administrative power, however. Instead, the administrative power in the council-manager form of city government lies with the city’s chief executive, known as the city manager. The city manager is a non-partisan official hired by the city as an administrator. He is the person who is generally responsible for all city administration.

*Home Rule or Constitutional Charter Cities. The Constitution allows any city with more than 5,000 population to frame and adopt a charter for its own government.

The amendment procedure, which makes the current constitution up-to-date, is either by the Initiative petition method or proposal by the General Assembly. The ratification of all amendments is by the people at a general election. To pass, all proposed amendments must receive a simple majority of those voting on the amendment. In time, the current constitution will need to be replaced since the amendments process can make a patchwork quilt of the document, dulling its scope and intent. As it becomes less effective a new codification will be required, and thus a new constitutional convention will be called resulting in a new constitution for Missouri.