Missouri’s Constitution & State Government

Why Is There State Government?

All States Have Police PowerUnder 10th Amendment state governments and the people hold powers neither given to the Federal government nor prohibited to the states

Residual powers broader than those of the Federal government

States assumed to have all authority not prohibited in Federal or state constitutions

Police Power: The principal state power--gives each state authority to provide for the health, morals, safety and welfare of its people.

Using its Police Power a state can regulate

Health Pasteurized Milk laws

Safety Speed Limits

Morals Outlaw Prostitution

Welfare Outlaw child labor

How Is the MO Constitution Organized?

Bill of Rights Article I

3 Branches Legislative Executive Judicial

ARTICLE I BILL OF RIGHTS

CONSTITUTION OF THE

STATE OF MISSOURI

Bill of Rights

In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare:

Sec. 1. 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.

Popular Sovereignty

How Free Are You in Missouri?

This study scores economic freedom in three primary ways: (1) it includes measures of social and personal freedoms such as peaceable citizens’ rights to educate their own children, own and carry firearms, and be free from unreasonable search and seizure; (2) measures of economic freedom; and (3) it measures state’s fiscal policies.

How Free Are You in Missouri? 8th best on personal

freedom. Drugs & Gambling

Slipped from 6th overall in 2011!

Freedom in the States Race

How is Our State’s Government Organized? 3 Branches

Legislative• General Assembly

Executive• Governor & Lieutenant Governor• Other Executive Branch Officials

Judicial• Supreme Court

• Lower appellate and trial courts

Rules for all Missouri Officials• Pay your taxes• No felonies• No election shenanigans

The General AssemblyThe General Assembly Consists of Two Chambers

House of Representatives• 163 Members

Senate• 34 Members

General Assembly meets on the first Wednesday after the first Monday in January following each general election.

Sessions typically last till May. 3/4 of the members of both houses may vote to convene

the General Assembly in special session.

House of RepresentativesHouse of Representatives 163 members Members must be

24 years of age Voter for 2 years Dist. resident for 1 year

Serve a 2 year term 8 year term limit

Stacy Newman—87th

Michael Butler 79th

Missouri House of Representatives Districts from 2010 Census

St. Louis & K.C. House Districts

St. Louis & KC House Districts

SenateSenate 34 members Members must be

30 years of age Voter for 3 years Resident for 1 year

Serve a 4 year term 8 year term limit

Your SenatorsYour Senators

Missouri Senate Districts from 2010 Census

CHS Senate Districts

24 = John Lamping 14 = Maria Chapelle-Nadal 04= Jos. Keaveny 04 = Jamila Nasheed

How Bills Are PassedHow Bills Are Passed What kinds of bills do they consider? Following perfection, and the bill’s passage by

both House and Senate, the bill it is presented to Governor.

Within 15 Days Governor must return bill with signed approval or objections.

Bills approved by the Governor become law. If the Governor fails to return a bill within the

time limits the bill becomes law.

The Initiative The people can propose new laws

Don’t need action by Gen. Assy. or Gov. How does it work?

To propose an amendment to the Constitution a petition must be signed by 8% of the voters in each 2/3 of the state’s 8 congressional districts.

Petitions proposing new laws need signatures of 5% of such voters.

Petitions must be filed with the Secretary of State at least 4 months before the next election.

Referendum

The people can block new laws from going into effect if . . . Petitions signed by 5% of the voters in 2/3 of

the congressional districts in the state, or General Assembly directs it. Any measure

referred to the people shall take effect when approved by a majority of the votes cast.

Majority of the voters in next election decide.

MISSOURI STATE GOVERNMENT

ORGANIZATION CHART

Executive Branch

Governor Has state’s supreme executive power

• Appoints department heads with Senate approval Qualifications

• At least 30 years of age• Citizen of the U.S. for at least 15 years• Resident of Missouri for at least 10 years• Can’t serve more than two terms.

Governor’s Powers Commander in chief of our national

guard But not when called into service of U.S.

Judicial powers Can grant:

• Reprieves, commutations and pardons (but not parole) for all offenses except treason and in cases of impeachment.

• Appoints all appellate judges and some lower judges.

Governor’s Powers cont. Legislative Powers

SOTS Speech Veto Power

• Line Item Veto & Balanced Budget• 2/3 to override in September Veto Session

Call Special Session of General Assembly • Must state specifically each matter on which action is

deemed necessary.

Executive Departments Revenue Highways and Transportation Agriculture Economic Development Insurance Social ServicesSocial Services Mental Health Conservation

Natural Resources Public Safety Labor and Industrial

Relations Office of Administration Elementary & Elementary &

Secondary EducationSecondary Education Higher EducationHigher Education Corrections Health & Senior Health & Senior

ServicesServices

Governor Appoints Department Heads with Senate Approval

The Money

Missouri Tax Revenue Sources: 2012

Missouri State Government Budget: 2012

>70% to Education & Welfare

Other Executive Branch Officials

Lieutenant Governor Secretary of State State Auditor State Treasurer Attorney General

What do they do?

Lieutenant Governor Same qualifications as Governor President Ex Officio of Senate*. May debate all questions in Senate Votes to break ties in Senate Acts acts Governor during absences

*Not the most powerful member of Senate, however.

Order of Succession

If the Governor dies, is convicted, impeached or resigns, then the Lieutenant Governor shall become

governor for remainder of term.

What if there is no Lt. Governor?

ThenPresident Pro Tem of the SenateSpeaker of the House Secretary of StateState Auditor State Treasurer Attorney General

State Auditor

Official Duties Tax Payers’ Watchdog Accounting for public officials of the

state Inspects finances of state agencies,

boards, and official groups. Audits Treasury every year. Other audits and investigations required

by law (county and city audits).

Secretary of State

Official Duties Runs elections Custodian of the Seal of the State Keeps register of official acts of the

Governor. Maintains records of corporations and

businesses in Missouri

State Treasurer

Official Duties Manages state’s money. Custodian of state funds. Manages the Unclaimed Property Fund

Attorney General

State’s Chief Legal Officer Chief attorney for state. Represents Missouri in criminal appeals Fights against consumer fraud Must be attorney and reside in Jefferson City.

When are they elected?

Governor*, Lt. Governor, Secretary of State, State Treasurer* and Attorney General are elected at presidential elections for four years terms.

State Auditor is elected to a four year term in off year general elections

*Can’t be elected more than two times.

Who Gets to Votefor These People?

Who can Who can registerregister to voteto vote in Missouri? in Missouri?

Citizens living in Missouri must register in order to vote. Any U.S. citizen 17 years and 6 months of age or older, if a Missouri resident, may register and vote except a person who is:

• Adjudged incapacitated • Imprisoned• On probation or parole after conviction of a felony until

discharged • Convicted of a felony or misdemeanor connected with

suffrage

How and where do Missourians register to vote?

Qualified citizens may register in person at the office of their local election authority, by mail, at the driver's license office or at participating state agencies.

YOU CAN REGISTER Driver’s License Office County Court House St. Louis City/County Bd. Of Election Commrs. By mail

When do Missourians register?

New Missouri residents may register immediately. BUT: The deadline for registration is the fourth

Wednesday prior to an election.

Official election dates in Missouri:

General Municipal Election Day: 1st Tuesday after the first Monday in April each year.

Primary Election Day: 1st Tuesday after the first Monday in August in even-numbered years.

General Election Day: 1st Tuesday after the first Monday in November of even-numbered years.

Voting• You may be directed to vote in a

• School• Government Building• Church???

• Absentee

• Voting is Secret• Missourians do not register their party affiliation. At

primary elections voters choose which "established party"ballot they wish to vote. • Can get non-partisan ballot for “issues”

• Party nominees and independent candidates are then listed on the general election ballot.

Request for Absentee

Ballot

ARTICLE I BILL OF RIGHTS GUARANTEES

CONSTITUTION OF THE

STATE OF MISSOURI

Bill of Rights

In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare:

Sec. 1. 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.

Rights Guaranteed to Missourians Freedom of Religion

What are the limits?• Does not 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.

Search Warrants Must include?

• A description of the place to be searched, or the person or thing to be seized

• Probable cause (supported by written oath or affirmation)

Rights of Persons Accused of Crimes

1. right to appear and defend--in person and by counsel

2. to demand the nature and cause of the accusation

3. to meet witnesses face to face

4. process to compel the attendance of witnesses in his behalf (subpoena power)

5. speedy public trial

6. impartial jury of the county

7. presumption of innocence

No self-incrimination No double jeopardy

Bail Guaranteed—unless? Some capital offenses Flight risk Defendant poses a danger

No excessive bail or cruel & unusual punishments Right to trial by jury

Criminal vs. Civil• 12-0 • 9-3

What is a Grand Jury? Treason? 12 members

• True Bill (9 required)• Can investigate officials• Not required for all felony charges (The Information)

Treason Consists only in levying war or in adhering to Missouri’s enemies,

giving them aid and comfort; No person can be convicted of treason, unless

• Testimony of two witnesses to the same overt act, or• Confession in open court

Also No Attainder by General Assembly No corruption of the blood No penalty for suicide

Eminent Domain “Taking” must be for public use

• Today’s debate is over public vs. private use• Kelo v. City of New London• Centene

Jury trial as to “just compensation”

No person shall be deprived of . . . property without due process of law.

The End . . .

Where the $$ Come From

Where Our Money Comes From

Where Your Money Goes

Missouri Budget for Fiscal Year 2007

1%

25%

5%

2%

9%

1%

4%

0%

2%

1%

1%

0%

1%

2%

3%

5%

4%

31%

1%

1%

0%

0%

0%

Debt Payments

Education

Higher Education

Revenue

Transportation

Administration Office

Employee Benefits

Agriculture

Natural Resources

Conservation

Economic Development

Insurance

Labor

Public Safety

Corrections

Mental Health

Health

Social Services

Elected Officials

Judiciary

Public Defender

General Assembly

Building Rent

Missouri Budget for Fiscal Year 2007

1%

25%

5%

2%

9%

1%

4%

0%

2%

1%

1%

0%

1%

2%

3%

5%

4%

31%

1%

1%

0%

0%

0%

Debt Payments

Education

Higher Education

Revenue

Transportation

Administration Office

Employee Benefits

Agriculture

Natural Resources

Conservation

Economic Development

Insurance

Labor

Public Safety

Corrections

Mental Health

Health

Social Services

Elected Officials

Judiciary

Public Defender

General Assembly

Building Rent

ALL FUNDS includes state taxes, federal funds, gambling, revenue, ear-marked taxes and fees.Source: The Office of Administration & House Staff

Missouri Budget for Fiscal Year 2007

1%

25%

5%

2%

9%

1%4%

0%

2%

1%

1%

0%

1%

2%

3%

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31%

1%

1%

0%

0%

0%

Debt Payments

Education

Higher Education

Revenue

Transportation

Administration Office

Employee Benefits

Agriculture

Natural Resources

Conservation

Economic Development

Insurance

Labor

Public Safety

Corrections

Mental Health

Health

Social Services

Elected Officials

Judiciary

Public Defender

General Assembly

Building Rent

ALL FUNDS includes state taxes, federal funds, gambling, revenue, ear-marked taxes and fees.Source: The Office of Administration & House Staff

Missouri Budget for Fiscal Year 2007

1%

25%

5%

2%

9%

1%

4%

0%

2%

1%

1%

0%

1%

2%

3%

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31%

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Debt Payments

Education

Higher Education

Revenue

Transportation

Administration Office

Employee Benefits

Agriculture

Natural Resources

Conservation

Economic Development

Insurance

Labor

Public Safety

Corrections

Mental Health

Health

Social Services

Elected Officials

Judiciary

Public Defender

General Assembly

Building Rent

Missouri Senate Districts from 2000 Census

Where Our Money Comes From

Missouri General Revenues 2006

61%

29%

5%

1%

4%

Individual Income

Sales & Use Tax

CorporateIncome/Franchise Tax

Liquor & Beer Tax

Other Sources

Where Your Money Goes

Missouri Expenditures 2006

26%

6%

41%

5%

2%

20%

Elementary andSecondary Education

Higher Education

Human Services

Corrections & PublicSafety

Conservation & NaturalResources

All Others

If you lived in the 150th District you could’ve voted for Chief Wana Dubie

Missouri is a low tax state

With a per capita 2005 state tax collection of $1583.28 per Missourian, we rank 45th out of 50.

Comparing MO to Other States

44th lowest for State Spending State Spending Per Capita Per Capita 46th lowest for State and Local State and Local SpendingSpending Per Capita Per Capita 39th lowest for Per Pupil Expenditures in K-12 K-12

Public SchoolsPublic Schools 46th Lowest Nationally for Per Capita spending on

Higher Education Higher Education One of the lowest eligibility levels for Health Carelowest eligibility levels for Health Care

assistance for parentsStatistics from Morgan Quitno State Rankings

Missouri is a low tax state

Missouri Voter's Bill of Rights

1. Cast your ballot free from interference in a private and secret manner unless assistance is requested.

2. View written instructions on how to obtain a ballot for voting, how to vote and prepare the ballot for deposit in the ballot box.

3. Ask for and receive further instructions from election judges concerning the manner of voting;

4. View a sample ballot in the polling place before voting.5. Cast a vote if you are in line before the polls are closed at 7:00

PM.

As a registered voter in Missouri you have the right to . . .

Voter's Bill of Rights Cont.

6. Ask to have the election judges or person of your choice assist you in voting if you cannot read, are blind, or have any other physical disability and cannot vote your ballot; request curbside voting or a more accessible polling location if needed.

7. Receive another ballot if your ballot is accidentally spoiled or you make an error.

8. Vote on statewide candidates and issues and federal candidates by provisional ballot if the election judges or the election authority cannot determine your registration status.

9. Vote by absentee ballot when permitted by law.10. File a grievance with the Secretary of State's office if your rights

under the Help America Vote Act, Title III, have been violated.