Missouri Enemies
Missouri had a tough time during the Civil War. Frank and Jesse James were inducted into the Confederate States Army and tasked with robbing banks and in engaging in general terrorism against Union sympathizers and runaway slaves. Starting in 1865, Missouri's Constitution took a strong stand against involuntary servitude and imprisonment for debt.
The Department of Social Services operates the Division of Child Support.
Article I Section 2 of the Missouri Constitution declares the inalienable rights of all persons, including the right to enjoy the gains of their own industry.
Article I Section 10 of the Missouri Constitution is the state Due Process Clause.
Article I Section 11 of the Missouri Constitution prohibits imprisonment for debt except for fines and penalties.
Article I Section 21 of the Missouri Constitution prohibits excessive fines and bails and cruel and unusual punishments.
Article I Section 23 of the Missouri Constitution declares the right of every citizen to keep and bear arms for defense with an exception allowing for legislative regulation of carrying concealed weapons.
Article I Section 11 of the Missouri Constitution prohibits imprisonment for debt except for fines and penalties.
Coughlin v. Ehlert, (1866) 39 Mo. 285, Francis v. Francis, (Mo. 1915) 179 S.W. 975, and Harrington v. Harrington, (Mo. 1938) 121 S.W. 291 found that alimony is a debt barring imprisonment.
However, the Missouri Supreme Court overruled these precedents in a 4-3 split decision in State ex rel Stanhope v. Pratt, (1976) 533 S.W. 2d. 567.
Amazing what political considerations will do to the Rule of Law. But that is why we noncustodials need to get political.
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