POLS 103 MBU Similarities Between the US and Missouri Constitutions Essay

Description

Write and submit here to your instructor, at least five major points of comparison and five of contrast between the U.S.and Missouri Constitutions. Note: it is hard to overstate the importance of doing this assignment with attention and care. You would be surprised at how many people in the political sciences claim to such studied such constitutions without ever sitting down and reading them from beginning to end! By doing this straightforwardly here, and by doing it completely, and doing it well, you will have an incalculable edge in this course, and in your understanding of how government works–or is supposed to work–at the U.S. federal level and in Missouri. So, grab a cup of mocha, turn on some background classical music, whip out a notebook and pen, and eat these documents (analytically speaking) for lunch, thinking with care about what each constitution actually says, and about the relationship that they describe between state government (in this case, Missouri) and the U.S. federal government!Initial Comparison and Contrast of the U.S. and Missouri ConstitutionsInitial Comparison and Contrast of the U.S. and Missouri ConstitutionsCriteriaRatingsThis criterion is linked to a Learning Outcome5 comparisons At least 5 major points of comparison between the two constitutions are given.This criterion is linked to a Learning Outcome5 contrasts At least 5 major points of contrast between the two constitutions are given.This criterion is linked to a Learning Outcome factual specificity Each part of the response is factually specific–giving specific names, dates, numbers, or other apropos facts. Week 1: My First Assignment” aria-describedby=”msf0-previous-desc”>

The Constitution of the United States
Preamble
We the People of the United States, in Order to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do
ordain and establish this Constitution for the United States of America.
Article. I. – The Legislative Branch
Section 1 – The Legislature
All legislative Powers herein granted shall be vested in a Congress of the United States,
which shall consist of a Senate and House of Representatives.
Section 2 – The House
The House of Representatives shall be composed of Members chosen every second Year
by the People of the several States, and the Electors in each State shall have the
Qualifications requisite for Electors of the most numerous Branch of the State
Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five
Years, and been seven Years a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State in which he shall be chosen.
(Representatives and direct Taxes shall be apportioned among the several States which
may be included within this Union, according to their respective Numbers, which shall be
determined by adding to the whole Number of free Persons, including those bound to
Service for a Term of Years, and excluding Indians not taxed, three fifths of all other
Persons.) (The previous sentence in parentheses was modified by the 14th
Amendment, section 2.) The actual Enumeration shall be made within three Years after
the first Meeting of the Congress of the United States, and within every subsequent Term
of ten Years, in such Manner as they shall by Law direct. The Number of Representatives
shall not exceed one for every thirty Thousand, but each State shall have at Least one
Representative; and until such enumeration shall be made, the State of New Hampshire
shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence
Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five and
Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority
thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall
have the sole Power of Impeachment.
Section 3 – The Senate
The Senate of the United States shall be composed of two Senators from each State,
(chosen by the Legislature thereof,) (The preceding words in parentheses superseded
by 17th Amendment, section 1.) for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall
be divided as equally as may be into three Classes. The Seats of the Senators of the first
Class shall be vacated at the Expiration of the second Year, of the second Class at the
Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so
that one third may be chosen every second Year; (and if Vacancies happen by
Resignation, or otherwise, during the Recess of the Legislature of any State, the
Executive thereof may make temporary Appointments until the next Meeting of the
Legislature, which shall then fill such Vacancies.) (The preceding words in parentheses
were superseded by the 17th Amendment, section 2.)
No person shall be a Senator who shall not have attained to the Age of thirty Years, and
been nine Years a Citizen of the United States, and who shall not, when elected, be an
Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no
Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the
absence of the Vice President, or when he shall exercise the Office of President of the
United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that
Purpose, they shall be on Oath or Affirmation. When the President of the United States is
tried, the Chief Justice shall preside: And no Person shall be convicted without the
Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office,
and disqualification to hold and enjoy any Office of honor, Trust or Profit under the
United States: but the Party convicted shall nevertheless be liable and subject to
Indictment, Trial, Judgment and Punishment, according to Law.
Section 4 – Elections, Meetings
The Times, Places and Manner of holding Elections for Senators and Representatives,
shall be prescribed in each State by the Legislature thereof; but the Congress may at any
time by Law make or alter such Regulations, except as to the Place of Chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall (be on
the first Monday in December,) (The preceding words in parentheses were superseded
by the 20th Amendment, section 2.) unless they shall by Law appoint a different Day.
Section 5 – Membership, Rules, Journals, Adjournment
Each House shall be the Judge of the Elections, Returns and Qualifications of its own
Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller
number may adjourn from day to day, and may be authorized to compel the Attendance
of absent Members, in such Manner, and under such Penalties as each House may
provide.
Each House may determine the Rules of its Proceedings, punish its Members for
disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the
same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and
Nays of the Members of either House on any question shall, at the Desire of one fifth of
those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other,
adjourn for more than three days, nor to any other Place than that in which the two
Houses shall be sitting.
Section 6 – Compensation
(The Senators and Representatives shall receive a Compensation for their Services, to be
ascertained by Law, and paid out of the Treasury of the United States.) (The preceding
words in parentheses were modified by the 27th Amendment.) They shall in all
Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during
their Attendance at the Session of their respective Houses, and in going to and returning
from the same; and for any Speech or Debate in either House, they shall not be
questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be
appointed to any civil Office under the Authority of the United States which shall have
been created, or the Emoluments whereof shall have been increased during such time;
and no Person holding any Office under the United States, shall be a Member of either
House during his Continuance in Office.
Section 7 – Revenue Bills, Legislative Process, Presidential Veto
All bills for raising Revenue shall originate in the House of Representatives; but the
Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall,
before it become a Law, be presented to the President of the United States; If he approve
he shall sign it, but if not he shall return it, with his Objections to that House in which it
shall have originated, who shall enter the Objections at large on their Journal, and
proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree
to pass the Bill, it shall be sent, together with the Objections, to the other House, by
which it shall likewise be reconsidered, and if approved by two thirds of that House, it
shall become a Law. But in all such Cases the Votes of both Houses shall be determined
by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be
entered on the Journal of each House respectively. If any Bill shall not be returned by the
President within ten Days (Sundays excepted) after it shall have been presented to him,
the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by
their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of
Representatives may be necessary (except on a question of Adjournment) shall be
presented to the President of the United States; and before the Same shall take Effect,
shall be approved by him, or being disapproved by him, shall be repassed by two thirds of
the Senate and House of Representatives, according to the Rules and Limitations
prescribed in the Case of a Bill.
Section 8 – Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to
pay the Debts and provide for the common Defence and general Welfare of the United
States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the
Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of
Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the
United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses
against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a
longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining the Militia, and for governing such
Part of them as may be employed in the Service of the United States, reserving to the
States respectively, the Appointment of the Officers, and the Authority of training the
Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not
exceeding ten Miles square) as may, by Cession of particular States, and the acceptance
of Congress, become the Seat of the Government of the United States, and to exercise
like Authority over all Places purchased by the Consent of the Legislature of the State in
which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and
other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this Constitution in the Government of
the United States, or in any Department or Officer thereof.
Section 9 – Limits on Congress
The Migration or Importation of such Persons as any of the States now existing shall
think proper to admit, shall not be prohibited by the Congress prior to the Year one
thousand eight hundred and eight, but a tax or duty may be imposed on such Importation,
not exceeding ten dollars for each Person.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases
of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or
Enumeration herein before directed to be taken.) (Section in parentheses clarified by
the 16th Amendment.)
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of
one State over those of another: nor shall Vessels bound to, or from, one State, be obliged
to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations
made by Law; and a regular Statement and Account of the Receipts and Expenditures of
all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any
Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of
any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or
foreign State.
Section 10 – Powers prohibited of States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque
and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin
a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on
Imports or Exports, except what may be absolutely necessary for executing it’s inspection
Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or
Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall
be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops,
or Ships of War in time of Peace, enter into any Agreement or Compact with another
State, or with a foreign Power, or engage in War, unless actually invaded, or in such
imminent Danger as will not admit of delay.
Article. II. – The Executive Branch
Section 1 – The President
The executive Power shall be vested in a President of the United States of America. He
shall hold his Office during the Term of four Years, and, together with the Vice-President
chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number
of Electors, equal to the whole Number of Senators and Representatives to which the
State may be entitled in the Congress: but no Senator or Representative, or Person
holding an Office of Trust or Profit under the United States, shall be appointed an
Elector.
(The Electors shall meet in their respective States, and vote by Ballot for two persons, of
whom one at least shall not lie an Inhabitant of the same State with themselves. And they
shall make a List of all the Persons voted for, and of the Number of Votes for each; which
List they shall sign and certify, and transmit sealed to the Seat of the Government of the
United States, directed to the President of the Senate. The President of the Senate shall,
in the Presence of the Senate and House of Representatives, open all the Certificates, and
the Votes shall then be counted. The Person having the greatest Number of Votes shall be
the President, if such Number be a Majority of the whole Number of Electors appointed;
and if there be more than one who have such Majority, and have an equal Number of
Votes, then the House of Representatives shall immediately chuse by Ballot one of them
for President; and if no Person have a Majority, then from the five highest on the List the
said House shall in like Manner chuse the President. But in chusing the President, the
Votes shall be taken by States, the Representation from each State having one Vote; a
quorum for this Purpose shall consist of a Member or Members from two-thirds of the
States, and a Majority of all the States shall be necessary to a Choice. In every Case,
after the Choice of the President, the Person having the greatest Number of Votes of the
Electors shall be the Vice President. But if there should remain two or more who have
equal Votes, the Senate shall chuse from them by Ballot the Vice-President.) (This clause
in parentheses was superseded by the 12th Amendment.)
The Congress may determine the Time of chusing the Electors, and the Day on which
they shall give their Votes; which Day shall be the same throughout the United States.
No person except a natural born Citizen, or a Citizen of the United States, at the time of
the Adoption of this Constitution, shall be eligible to the Office of President; neither shall
any Person be eligible to that Office who shall not have attained to the Age of thirty-five
Years, and been fourteen Years a Resident within the United States.
(In Case of the Removal of the President from Office, or of his Death, Resignation, or
Inability to discharge the Powers and Duties of the said Office, the same shall devolve on
the Vice President, and the Congress may by Law provide for the Case of Removal,
Death, Resignation or Inability, both of the President and Vice President, declaring what
Officer shall then act as President, and such Officer shall act accordingly, until the
Disability be removed, or a President shall be elected.) (This clause in parentheses has
been modified by the 20th and 25th Amendments.)
The President shall, at stated Times, receive for his Services, a Compensation, which
shall neither be increased nor diminished during the Period for which he shall have been
elected, and he shall not receive within that Period any other Emolument from the United
States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or
Affirmation:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of
the United States, and will to the best of my Ability, preserve, protect and defend the
Constitution of the United States.”
Section 2 – Civilian Power over Military, Cabinet, Pardon Power, Appointments
The President shall be Commander in Chief of the Army and Navy of the United States,
and of the Militia of the several States, when called into the actual Service of the United
States; he may require the Opinion, in writing, of the principal Officer in each of the
executive Departments, upon any subject relating to the Duties of their respective
Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the
United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make
Treaties, provided two thirds of the Senators present concur; and he shall nominate, and
by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other
public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the
United States, whose Appointments are not herein otherwise provided for, and which
shall be established by Law: but the Congress may by Law vest the Appointment of such
inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in
the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the
Recess of the Senate, by granting Commissions which shall expire at the End of their
next Session.
Section 3 – State of the Union, Convening Congress
He shall from time to time give to the Congress Information of the State of the Union,
and recommend to their Consideration such Measures as he shall judge necessary and
expedient; he may, on extraordinary Occasions, convene both Houses, or either of them,
and in Case of Disagreement between them, with Respect to the Time of Adjournment,
he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors
and other public Ministers; he shall take Care that the Laws be faithfully executed, and
shall Commission all the Officers of the United States.
Section 4 – Disqualification
The President, Vice President and all civil Officers of the United States, shall be removed
from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high
Crimes and Misdemeanors.
Article III. – The Judicial Branch
Section 1 – Judicial powers
The judicial Power of the United States, shall be vested in one supreme Court, and in
such inferior Courts as the Congress may from time to time ordain and establish. The
Judges, both of the supreme and inferior Courts, shall hold their Offices during good
Behavior, and shall, at stated Times, receive for their Services a Compensation which
shall not be diminished during their Continuance in Office.
Section 2 – Trial by Jury, Original Jurisdiction, Jury Trials
(The judicial Power shall extend to all Cases, in Law and Equity, arising under this
Constitution, the Laws of the United States, and Treaties made, or which shall be made,
under their Authority; to all Cases affecting Ambassadors, other public Ministers and
Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which
the United States shall be a Party; to Controversies between two or more States; between
a State and Citizens of another State; between Citizens of different States; between
Citizens of the same State claiming Lands under Grants of different States, and between a
State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in
parentheses is modified by the 11th Amendment.)
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in
which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the
other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both
as to Law and Fact, with such Exceptions, and under such Regulations as the Congress
shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial
shall be held in the State where the said Crimes shall have been committed; but when not
committed within any State, the Trial shall be at such Place or Places as the Congress
may by Law have directed.
Section 3 – Treason
Treason against the United States, shall consist only in levying War against them, or in
adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of
Treason unless on the Testimony of two Witnesses to the same overt Act, or on
Confession in open Court.
The Congress shall have power to declare the Punishment of Treason, but no Attainder of
Treason shall work Corruption of Blood, or Forfeiture except during the Life of the
Person attainted.
Article. IV. – The States
Section 1 – Each State to Honor all others
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial
Proceedings of every other State. And the Congress may by general Laws prescribe the
Manner in which such Acts, Records and Proceedings shall be proved, and the Effect
thereof.
Section 2 – State citizens, Extradition
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in
the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from
Justice, and be found in another State, shall on demand of the executive Authority of the
State from which he fled, be delivered up, to be removed to the State having Jurisdiction
of the Crime.
(No Person held to Service or Labour in one State, under the Laws thereof, escaping into
another, shall, in Consequence of any Law or Regulation therein, be discharged from
such Service or Labour, But shall be delivered up on Claim of the Party to whom such
Service or Labour may be due.) (This clause in parentheses is superseded by the 13th
Amendment.)
Section 3 – New States
New States may be admitted by the Congress into this Union; but no new States shall be
formed or erected within the Jurisdiction of any other State; nor any State be formed by
the Junction of two or more States, or parts of States, without the Consent of the
Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to the United States; and nothing in
this Constitution shall be so construed as to Prejudice any Claims of the United States, or
of any particular State.
Section 4 – Republican government
The United States shall guarantee to every State in this Union a Republican Form of
Government, and shall protect each of them against Invasion; and on Application of the
Legislature, or of the Executive (when the Legislature cannot be convened) against
domestic Violence.
Article. V. – Amendment
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose
Amendments to this Constitution, or, on the Application of the Legislatures of two thirds
of the several States, shall call a Convention for proposing Amendments, which, in either
Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified
by the Legislatures of three fourths of the several States, or by Conventions in three
fourths thereof, as the one or the other Mode of Ratification may be proposed by the
Congress; Provided that no Amendment which may be made prior to the Year One
thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses
in the Ninth Section of the first Article; and that no State, without its Consent, shall be
deprived of its equal Suffrage in the Senate.
Article. VI. – Debts, Supremacy, Oaths
All Debts contracted and Engagements entered into, before the Adoption of this
Constitution, shall be as valid against the United States under this Constitution, as under
the Confederation.
This Constitution, and the Laws of the United States which shall be 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 Laws of any State to the Contrary
notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of the United States and
of the several States, shall be bound by Oath or Affirmation, to support this Constitution;
but no religious Test shall ever be required as a Qualification to any Office or public
Trust under the United States.
Article. VII. – Ratification
The Ratification of the Conventions of nine States, shall be sufficient for the
Establishment of this Constitution between the States so ratifying the Same.
Done in Convention by the Unanimous Consent of the States present the Seventeenth
Day of September in the Year of our Lord one thousand seven hundred and Eighty seven
and of the Independence of the United States of America the Twelfth. In Witness whereof
We have hereunto subscribed our Names.
Go Washington – President and deputy from Virginia
New Hampshire – John Langdon, Nicholas Gilman
Massachusetts – Nathaniel Gorham, Rufus King
Connecticut – Wm Saml Johnson, Roger Sherman
New York – Alexander Hamilton
New Jersey – Wil Livingston, David Brearley, Wm Paterson, Jona. Dayton
Pensylvania – B Franklin, Thomas Mifflin, Robt Morris, Geo. Clymer, Thos FitzSimons,
Jared Ingersoll, James Wilson, Gouv Morris
Delaware – Geo. Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco.
Broom
Maryland – James McHenry, Dan of St Tho Jenifer, Danl Carroll
Virginia – John Blair, James Madison Jr.
North Carolina – Wm Blount, Richd Dobbs Spaight, Hu Williamson
South Carolina – J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce
Butler
Georgia – William Few, Abr Baldwin
Attest: William Jackson, Secretary
The Amendments
The following are the Amendments to the Constitution. The first ten Amendments
collectively are commonly known as the Bill of Rights.
Amendment 1 – Freedom of Religion, Press, Expression. Ratified 12/15/1791.
Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances.
Amendment 2 – Right to Bear Arms. Ratified 12/15/1791.
A well regulated Militia, being necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed.
Amendment 3 – Quartering of Soldiers. Ratified 12/15/1791.
No Soldier shall, in time of peace be quartered in any house, without the consent of the
Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment 4 – Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
Amendment 5 – Trial and Punishment, Compensation for Takings. Ratified
12/15/1791.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger; nor shall
any person be subject for the same offense to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor shall private property be
taken for public use, without just compensation.
Amendment 6 – Right to Speedy Trial, Confrontation of Witnesses. Ratified
12/15/1791.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,
by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to have
the Assistance of Counsel for his defence.
Amendment 7 – Trial by Jury in Civil Cases. Ratified 12/15/1791.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common
law.
Amendment 8 – Cruel and Unusual Punishment. Ratified 12/15/1791.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment 9 – Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.
Amendment 10 – Powers of the States and People. Ratified 12/15/1791.
The powers not delegated to the United States by the Constitution, nor prohibited by it to
the States, are reserved to the States respectively, or to the people.
Amendment 11 – Judicial Limits. Ratified 2/7/1795.
The Judicial power of the United States shall not be construed to extend to any suit in law
or equity, commenced or prosecuted against one of the United States by Citizens of
another State, or by Citizens or Subjects of any Foreign State.
Amendment 12 – Choosing the President, Vice-President. Ratified 6/15/1804.
The Electors shall meet in their respective states, and vote by ballot for President and
Vice-President, one of whom, at least, shall not be an inhabitant of the same state with
themselves; they shall name in their ballots the person voted for as President, and in
distinct ballots the person voted for as Vice-President, and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as Vice-President and of
the number of votes for each, which lists they shall sign and certify, and transmit sealed
to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of
Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest Number of votes for President, shall be the President, if
such number be a majority of the whole number of Electors appointed; and if no person
have such majority, then from the persons having the highest numbers not exceeding
three on the list of those voted for as President, the House of Representatives shall choose
immediately, by ballot, the President. But in choosing the President, the votes shall be
taken by states, the representation from each state having one vote; a quorum for this
purpose shall consist of a member or members from two-thirds of the states, and a
majority of all the states shall be necessary to a choice. And if the House of
Representatives shall not choose a President whenever the right of choice shall devolve
upon them, before the fourth day of March next following, then the Vice-President shall
act as President, as in the case of the death or other constitutional disability of the
President.
The person having the greatest number of votes as Vice-President, shall be the VicePresident, if such number be a majority of the whole number of Electors appointed, and if
no person have a majority, then from the two highest numbers on the list, the Senate shall
choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number shall be necessary to a
choice. But no person constitutionally ineligible to the office of President shall be eligible
to that of Vice-President of the United States.
Amendment 13 – Slavery Abolished. Ratified 12/6/1865.
1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof
the party shall have been duly convicted, shall exist within the United States, or any place
subject to their jurisdiction.
2. Congress shall have power to enforce this article by appropriate legislation.
Amendment 14 – Citizenship Rights. Ratified 7/9/1868.
1. All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the privileges or immunities of citizens
of the United States; nor shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.
2. Representatives shall be apportioned among the several States according to their
respective numbers, counting the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any election for the choice of electors for
President and Vice-President of the United States, Representatives in Congress, the
Executive and Judicial officers of a State, or the members of the Legislature thereof, is
denied to any of the male inhabitants of such State, being twenty-one years of age, and
citizens of the United States, or in any way abridged, except for participation in rebellion,
or other crime, the basis of representation therein shall be reduced in the proportion
which the number of such male citizens shall bear to the whole number of male citizens
twenty-one years of age in such State.
3. No person shall be a Senator or Representative in Congress, or elector of President and
Vice-President, or hold any office, civil or military, under the United States, or under any
State, who, having previously taken an oath, as a member of Congress, or as an officer of
the United States, or as a member of any State legislature, or as an executive or judicial
officer of any State, to support the Constitution of the United States, shall have engaged
in insurrection or rebellion against the same, or given aid or comfort to the enemies
thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
4. The validity of the public debt of the United States, authorized by law, including debts
incurred for payment of pensions and bounties for services in suppressing insurrection or
rebellion, shall not be questioned. But neither the United States nor any State shall
assume or pay any debt or obligation incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation of any slave; but all such
debts, obligations and claims shall be held illegal and void.
5. The Congress shall have power to enforce, by appropriate legislation, the provisions of
this article.
Amendment 15 – Race No Bar to Vote. Ratified 2/3/1870.
1. The right of citizens of the United States to vote shall not be denied or abridged by the
United States or by any State on account of race, color, or previous condition of
servitude.
2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment 16 – Status of Income Tax Clarified. Ratified 2/3/1913.
The Congress shall have power to lay and collect taxes on incomes, from whatever
source derived, without apportionment among the several States, and without regard to
any census or enumeration.
Amendment 17 – Senators Elected by Popular Vote. Ratified 4/8/1913.
The Senate of the United States shall be composed of two Senators from each State,
elected by the people thereof, for six years; and each Senator shall have one vote. The
electors in each State shall have the qualifications requisite for electors of the most
numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive
authority of such State shall issue writs of election to fill such vacancies: Provided, That
the legislature of any State may empower the executive thereof to make temporary
appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator
chosen before it becomes valid as part of the Constitution.
Amendment 18 – Liquor Abolished. Ratified 1/16/1919. Repealed by Amendment 21,
12/5/1933.
1. After one year from the ratification of this article the manufacture, sale, or
transportation of intoxicating liquors within, the importation thereof into, or the
exportation thereof from the United States and all territory subject to the jurisdiction
thereof for beverage purposes is hereby prohibited.
2. The Congress and the several States shall have concurrent power to enforce this article
by appropriate legislation.
3. This article shall be inoperative unless it shall have been ratified as an amendment to
the Constitution by the legislatures of the several States, as provided in the Constitution,
within seven years from the date of the submission hereof to the States by the Congress.
Amendment 19 – Women’s Suffrage. Ratified 8/18/1920.
The right of citizens of the United States to vote shall not be denied or abridged by the
United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
Amendment 20 – Presidential, Congressional Terms. Ratified 1/23/1933.
1. The terms of the President and Vice President shall end at noon on the 20th day of
January, and the terms of Senators and Representatives at noon on the 3d day of January,
of the years in which such terms would have ended if this article had not been ratified;
and the terms of their successors shall then begin.
2. The Congress shall assemble at least once in every year, and such meeting shall begin
at noon on the 3d day of January, unless they shall by law appoint a different day.
3. If, at the time fixed for the beginning of the term of the President, the President elect
shall have died, the Vice President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of his term, or if the President
elect shall have failed to qualify, then the Vice President elect shall act as President until
a President shall have qualified; and the Congress may by law provide for the case
wherein neither a President elect nor a Vice President elect shall have qualified, declaring
who shall then act as President, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a President or Vice President shall
have qualified.
4. The Congress may by law provide for the case of the death of any of the persons from
whom the House of Representatives may choose a President whenever the right of choice
shall have devolved upon them, and for the case of the death of any of the persons from
whom the Senate may choose a Vice President whenever the right of choice shall have
devolved upon them.
5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification
of this article.
6. This article shall be inoperative unless it shall have been ratified as an amendment to
the Constitution by the legislatures of three-fourths of the several States within seven
years from the date of its submission.
Amendment 21 – Amendment 18 Repealed. Ratified 12/5/1933.
1. The eighteenth article of amendment to the Constitution of the United States is hereby
repealed.
2. The transportation or importation into any State, Territory, or possession of the United
States for delivery or use therein of intoxicating liquors, in violation of the laws thereof,
is hereby prohibited.
3. The article shall be inoperative unless it shall have been ratified as an amendment to
the Constitution by conventions in the several States, as provided in the Constitution,
within seven years from the date of the submission hereof to the States by the Congress.
Amendment 22 – Presidential Term Limits. Ratified 2/27/1951.
1. No person shall be elected to the office of the President more than twice, and no person
who has held the office of President, or acted as President, for more than two years of a
term to which some other person was elected President shall be elected to the office of
the President more than once. But this Article shall not apply to any person holding the
office of President, when this Article was proposed by the Congress, and shall not
prevent any person who may be holding the office of President, or acting as President,
during the term within which this Article becomes operative from holding the office of
President or acting as President during the remainder of such term.
2. This article shall be inoperative unless it shall have been ratified as an amendment to
the Constitution by the legislatures of three-fourths of the several States within seven
years from the date of its submission to the States by the Congress.
Amendment 23 – Presidential Vote for District of Columbia. Ratified 3/29/1961.
1. The District constituting the seat of Government of the United States shall appoint in
such manner as the Congress may direct: A number of electors of President and Vice
President equal to the whole number of Senators and Representatives in Congress to
which the District would be entitled if it were a State, but in no event more than the least
populous State; they shall be in addition to those appointed by the States, but they shall
be considered, for the purposes of the election of President and Vice President, to be
electors appointed by a State; and they shall meet in the District and perform such duties
as provided by the twelfth article of amendment.
2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment 24 – Poll Tax Barred. Ratified 1/23/1964.
1. The right of citizens of the United States to vote in any primary or other election for
President or Vice President, for electors for President or Vice President, or for Senator or
Representative in Congress, shall not be denied or abridged by the United States or any
State by reason of failure to pay any poll tax or other tax.
2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment 25 – Presidential Disability and Succession. Ratified 2/10/1967.
1. In case of the removal of the President from office or of his death or resignation, the
Vice President shall become President.
2. Whenever there is a vacancy in the office of the Vice President, the President shall
nominate a Vice President who shall take office upon confirmation by a majority vote of
both Houses of Congress.
3. Whenever the President transmits to the President pro tempore of the Senate and the
Speaker of the House of Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged by the Vice
President as Acting President.
4. Whenever the Vice President and a majority of either the principal officers of the
executive departments or of such other body as Congress may by law provide, transmit to
the President pro tempore of the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the powers and duties of
his office, the Vice President shall immediately assume the powers and duties of the
office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and
the Speaker of the House of Representatives his written declaration that no inability
exists, he shall resume the powers and duties of his office unless the Vice President and a
majority of either the principal officers of the executive department or of such other body
as Congress may by law provide, transmit within four days to the President pro tempore
of the Senate and the Speaker of the House of Representatives their written declaration
that the President is unable to discharge the powers and duties of his office. Thereupon
Congress shall decide the issue, assembling within forty eight hours for that purpose if
not in session. If the Congress, within twenty one days after receipt of the latter written
declaration, or, if Congress is not in session, within twenty one days after Congress is
required to assemble, determines by two thirds vote of both Houses that the President is
unable to discharge the powers and duties of his office, the Vice President shall continue
to discharge the same as Acting President; otherwise, the President shall resume the
powers and duties of his office.
Amendment 26 – Voting Age Set to 18 Years. Ratified 7/1/1971.
1. The right of citizens of the United States, who are eighteen years of age or older, to
vote shall not be denied or abridged by the United States or by any State on account of
age.
2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment 27 – Limiting Congressional Pay Increases. Ratified 5/7/1992.
No law, varying the compensation for the services of the Senators and Representatives,
shall take effect, until an election of Representatives shall have intervened.
This file was prepared by USConstitution.net. Find us on the web at
http://www.usconstitution.net.
Constitution
State of Missouri
Constitution of the
United States
John R. Ashcroft
Secretary of State
Revised January 2017
John R. Ashcroft
Secretary
State
State Capitol
(573) 751-2379
of
of
State
Missouri
James C. Kirkpatrick State
Information Center
(573) 751-4936
Dear Fellow Missourian,
The Office of the Secretary of State is privileged to provide you with a copy of 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 of the United States of America.
As your chief elections officer, I am working to strengthen your trust and confidence
in our elections process. Together we Missourians have a duty to each other to uphold
the integrity of elections in Missouri. We will work hard to ensure that everyone has
the right opportunity to vote, and every vote counts.
The Constitution of Missouri clearly states that “all political power is vested in and
derived from the people; that all government of right originates from the people.” The
following documents are the foundation of our freedom; that we, as citizens of this
great state, are the originators of its power. We create that strength and have a duty to
maintain it.
I am honored to be your Secretary of State, and encourage you to read and study the
Missouri Constitution and the United States Constitution in order to pass on these
important pillars to future generations.
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
8
11
11
19
19
27
29
50
56
57
64
68
75
75
75
75
76
76
78
79
80
80
80
81
81
81
91
97
100
104
105
109
111
112
114
130
133
ARTICLE XI
ARTICLE XII
ARTICLE XIII
Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amending the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution of the United States of America
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legislative Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Executive Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicial Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
States and Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments to Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
______________
144
145
146
146
148
149
153
195
195
199
201
201
202
203
203
204
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.
1
§4
ACT OF ADMISSION
2
From the county of St. Charles, three representatives. From the county of Franklin, one
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
3
ACT OF ADMISSION
§8
as may be, shall be granted to the state for the use of the inhabitants of such township,
for the 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 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
§8
ACT OF ADMISSION
4
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
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.
5
ORDINANCE OF ACCEPTANCE
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.
ORDINANCE OF ACCEPTANCE
6
“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 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.
7
A SOLEMN PUBLIC ACT
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
A PROCLAMATION
8
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
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
9
A PROCLAMATION
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 2006)
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.
11
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
to ministers, clergypersons, and other individuals the privilege to offer invocations or
13
BILL OF RIGHTS
Art. I § 10
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 (as 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 187…
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