Law and Government of Missouri
Encyclopedia
The government
of the U.S. state
of Missouri
is organized into the state government
and local government
, including county
government, and city
and municipal
government.
, executive, and judicial
.
. Like 49 of the other 50 states, it is bicameral & comprises a 163-member House of Representatives
(the lower house
) and a 34-member Senate
. Members of both houses are subject to term limit
s: Senators are limited to two terms, Representatives to four, and a total of eight years for members of both houses. The state constitution provides that "The general assembly shall meet on the first Wednesday after the first Monday in January following each general election. The general assembly may provide by law for the introduction of bills during the period between the first day of December and the first Wednesday after the first Monday of January. ..The general assembly shall reconvene on the first Wednesday after the first Monday of January after adjournment at midnight on May thirtieth of the preceding year." As a part-time legislature, compensation is low, and most senators and representatives hold jobs outside their legislative duties. State legislators are paid $31,351 per legislative year. The General Assembly meets at the Missouri State Capitol
in Jefferson City
.
for at least 15 years before holding office. There is also a lieutenant governor
, the Lieutenant Governor of Missouri, required to have the same qualifications as the governor, who is an ex officio president of the state Senate
. The lieutenant governor is allowed to debate any and all questions before the Senate as a whole and may cast the deciding ballot
in case of a tie. Additionally, the lieutenant governor assumes the office of governor in case of the governor's death, resignation
, or incapacitation. Missouri voters also elect the heads of several executive departments: the Missouri Attorney General
(the state attorney general
), Missouri Secretary of State (the state secretary of state
), State Treasurer of Missouri
(the state treasurer
), and the State Auditor of Missouri (the state auditor
). The requirements for holding these offices are the same as those for the governor, but only the State Treasurer has term limits similar to the governor.
is the Supreme Court of Missouri
- it is the highest court
. The Missouri Court of Appeals
is the state intermediate appellate court
. It is split into three districts: Western (based in Kansas City
), Eastern (based in St. Louis
), and Southern (based in Springfield
). The state trial court
s of general jurisdiction
are the 45 Missouri Circuit Courts
and Associate Circuit Courts within each Circuit Court.
Seven judges sit on the Supreme Court of Missouri
, which meets in the state capital, Jefferson City. Unlike the life tenure
appointments of federal judges
(including the Supreme Court of the United States
), state supreme court judges hold the judicial bench for 12 years, as do judges of the Court of Appeals. Circuit Court judges have terms of six years and Associate Circuit Court judges have terms of four years. There are no term limits for judges, though there is a mandatory retirement age of 70 years.
Missouri pioneered a unique way of selecting judges for its state Supreme Court and Court of Appeals in an effort to remove some of the partisan politics from the selection process. Article V, Section 25(a) of the Missouri Constitution specifies a process, known as the Missouri Plan
, to appoint judges to the state Supreme Court, Court of Appeals, and circuit and probate courts in the independent
City of St. Louis
, Jackson County
(Kansas City
), and any other circuit court where a majority of voters choose to adopt nonpartisan appointment (currently St. Louis County
, Clay County, and Platte County
). When a position becomes available in one of the above courts, a nonpartisan
judicial nominating commission
reviews applications, interviews candidates, and submits three nominees to the Governor. The Governor then appoints one of the three nominees to fill the vacant position. Finally, in the first general election one year or more after the appointment, the judge must be retained by the voters in a retention election
before serving a full-term. Judges for all other courts are elected directly by the voters.
Missouri allows cities to adopt their own charter should they chose to do so; it was the first state in the union to do so.
Regardless of the freedom given to city governments, most municipalities choose to organize their local government around a mayor and a city council. Council members are typically elected in either city wide or district elections.
and the Republican Party
(whose state affiliates are the Missouri Democratic Party
and the Missouri Republican Party
, respectively). The state secretary of state also recognizes the Libertarian Party
as an organized party, although only five Libertarians currently hold elected office in Missouri.
The Democratic and Republican parties have been responsible for establishing the voting districts, casting votes in the Electoral College, and fielding candidates for the general elections and help determining legislative policy and priorities.
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
of the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
is organized into the state government
State government
A state government is the government of a subnational entity in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or be subject to the direct control of the federal government...
and local government
Local government in the United States
Local government in the United States is generally structured in accordance with the laws of the various individual states. Typically each state has at least two separate tiers: counties and municipalities. Some states have their counties divided into townships...
, including county
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
government, and city
City
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
and municipal
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
government.
Constitution
The fourth and current Constitution of Missouri, the state constitution, was adopted in 1945. It provides for three branches of government: The legislativeLegislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, executive, and judicial
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
.
Legislative branch
The legislative branch consists of the state legislature, which is the Missouri General AssemblyMissouri General Assembly
The Missouri General Assembly is the state legislature of the U.S. state of Missouri. The bicameral General Assembly is composed of a 34-member Senate, and a 163-member House of Representatives. Members of both houses of the General Assembly are subject to term limits...
. Like 49 of the other 50 states, it is bicameral & comprises a 163-member House of Representatives
Missouri House of Representatives
The Missouri House of Representatives is the lower chamber of the Missouri General Assembly. It has 163 members, representing districts with an average size of 31,000 residents. House members are elected for two-year terms during general elections held in even-numbered years.In 1992 Missouri...
(the lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
) and a 34-member Senate
Missouri Senate
The Missouri State Senate is the upper chamber of the Missouri General Assembly. It has 34 members, representing districts with an average population of 160,000...
. Members of both houses are subject to term limit
Term limit
A term limit is a legal restriction that limits the number of terms a person may serve in a particular elected office. When term limits are found in presidential and semi-presidential systems they act as a method to curb the potential for monopoly, where a leader effectively becomes "president for...
s: Senators are limited to two terms, Representatives to four, and a total of eight years for members of both houses. The state constitution provides that "The general assembly shall meet on the first Wednesday after the first Monday in January following each general election. The general assembly may provide by law for the introduction of bills during the period between the first day of December and the first Wednesday after the first Monday of January. ..The general assembly shall reconvene on the first Wednesday after the first Monday of January after adjournment at midnight on May thirtieth of the preceding year." As a part-time legislature, compensation is low, and most senators and representatives hold jobs outside their legislative duties. State legislators are paid $31,351 per legislative year. The General Assembly meets at the Missouri State Capitol
Missouri State Capitol
The Missouri State Capitol is located in the U.S. state of Missouri. Housing the Missouri General Assembly, it is located in the state capital of Jefferson City at 201 West Capitol Avenue. The domed building was designed by the New York architectural firm of Tracy and Swartwout and completed in 1917...
in Jefferson City
Jefferson City, Missouri
Jefferson City is the capital of the U.S. state of Missouri and the county seat of Cole County. Located in Callaway and Cole counties, it is the principal city of the Jefferson City metropolitan area, which encompasses the entirety of both counties. As of the 2010 census, the population was 43,079...
.
Executive branch
The executive branch is laid out in Article IV of the state constitution. It is headed by the governor of Missouri. The governor is charged with executing the laws of the state. The governor is elected a four-year term and can serve two terms. He or she must be at least 30 years of age, a Missouri resident for at least 10 years, and a U.S. citizenUnited States nationality law
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
for at least 15 years before holding office. There is also a lieutenant governor
Lieutenant governor (United States)
In the United States, 43 of the 50 states have a separate, full-time office of lieutenant governor. In most cases, the lieutenant governor is the highest officer of state after the governor, standing in for that officer when he or she is absent from the state or temporarily incapacitated...
, the Lieutenant Governor of Missouri, required to have the same qualifications as the governor, who is an ex officio president of the state Senate
President of the Senate
The President of the Senate is a title often given to the presiding officer of a senate, and is the speaker of other assemblies.The senate president often ranks high in a jurisdiction's succession for its top executive office: for example, the President of the Senate of Nigeria is second in line...
. The lieutenant governor is allowed to debate any and all questions before the Senate as a whole and may cast the deciding ballot
Casting vote
A casting vote is a vote given to the presiding officer of a council or legislative body to resolve a deadlock and which can be exercised only when such a deadlock exists...
in case of a tie. Additionally, the lieutenant governor assumes the office of governor in case of the governor's death, resignation
Resignation
A resignation is the formal act of giving up or quitting one's office or position. It can also refer to the act of admitting defeat in a game like chess, indicated by the resigning player declaring "I resign", turning his king on its side, extending his hand, or stopping the chess clock...
, or incapacitation. Missouri voters also elect the heads of several executive departments: the Missouri Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
(the state attorney general
State Attorney General
The state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those...
), Missouri Secretary of State (the state secretary of state
Secretary of State (U.S. state government)
Secretary of State is an official in the state governments of 47 of the 50 states of the United States, as well as Puerto Rico and other U.S. possessions. In Massachusetts, Pennsylvania, and Virginia, this official is called the Secretary of the Commonwealth...
), State Treasurer of Missouri
State Treasurer of Missouri
The State Treasurer of Missouri is a statewide elected official responsible for serving as Missouri's chief financial officer. The current State Treasurer is Clint Zweifel.-Duties of the State Treasurer:...
(the state treasurer
State Treasurer
In the state governments of the United States, 49 of the 50 states have the executive position of treasurer. Texas abolished the position of Texas State Treasurer in 1996....
), and the State Auditor of Missouri (the state auditor
State auditor
State auditors are executive officers of U.S. states who serve as auditors and comptrollers for state funds....
). The requirements for holding these offices are the same as those for the governor, but only the State Treasurer has term limits similar to the governor.
Judicial branch
The judicial branch (the state courts) is established by Article V of the Missouri Constitution. The state supreme courtState supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
is the Supreme Court of Missouri
Supreme Court of Missouri
The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820, and is located in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give the Supreme Court exclusive jurisdiction- the sole legal power to hear -...
- it is the highest court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
. The Missouri Court of Appeals
Missouri Court of Appeals
The Missouri Court of Appeals is the intermediate appellate court for the state of Missouri. The court handles most of the appeals from the Missouri Circuit Courts. The court is divided into three districts: Eastern The Missouri Court of Appeals is the intermediate appellate court for the state...
is the state intermediate appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
. It is split into three districts: Western (based in Kansas City
Kansas City, Missouri
Kansas City, Missouri is the largest city in the U.S. state of Missouri and is the anchor city of the Kansas City Metropolitan Area, the second largest metropolitan area in Missouri. It encompasses in parts of Jackson, Clay, Cass, and Platte counties...
), Eastern (based in St. Louis
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
), and Southern (based in Springfield
Springfield, Missouri
Springfield is the third largest city in the U.S. state of Missouri and the county seat of Greene County. According to the 2010 census data, the population was 159,498, an increase of 5.2% since the 2000 census. The Springfield Metropolitan Area, population 436,712, includes the counties of...
). The state trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s of general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...
are the 45 Missouri Circuit Courts
Missouri Circuit Courts
The Missouri Circuit Courts are the state trial courts of original jurisdiction and general jurisdiction of the state of Missouri.-Jurisdiction:The Missouri Constitution provides for the Circuit Courts in Article V, Judicial Department.-List of circuits:...
and Associate Circuit Courts within each Circuit Court.
Seven judges sit on the Supreme Court of Missouri
Supreme Court of Missouri
The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820, and is located in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give the Supreme Court exclusive jurisdiction- the sole legal power to hear -...
, which meets in the state capital, Jefferson City. Unlike the life tenure
Life tenure
A life tenure or service during good behaviour is a term of office that lasts for the office holder's lifetime , unless the office holder is removed from office for cause under extraordinary circumstances or chooses to resign.Judges and members of some upper chambers have life tenure...
appointments of federal judges
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
(including the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
), state supreme court judges hold the judicial bench for 12 years, as do judges of the Court of Appeals. Circuit Court judges have terms of six years and Associate Circuit Court judges have terms of four years. There are no term limits for judges, though there is a mandatory retirement age of 70 years.
Missouri pioneered a unique way of selecting judges for its state Supreme Court and Court of Appeals in an effort to remove some of the partisan politics from the selection process. Article V, Section 25(a) of the Missouri Constitution specifies a process, known as the Missouri Plan
Missouri Plan
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...
, to appoint judges to the state Supreme Court, Court of Appeals, and circuit and probate courts in the independent
Independent city
An independent city is a city that does not form part of another general-purpose local government entity. These type of cities should not be confused with city-states , which are fully sovereign cities that are not part of any other sovereign state.-Historical precursors:In the Holy Roman Empire,...
City of St. Louis
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
, Jackson County
Jackson County, Missouri
Jackson County is a county located in the U.S. state of Missouri. With a population of 674,158 in the 2010 census, Jackson County is the second most populous of Missouri's counties, after St. Louis County. Kansas City, the state's most populous city and focus city of the Kansas City Metropolitan...
(Kansas City
Kansas City, Missouri
Kansas City, Missouri is the largest city in the U.S. state of Missouri and is the anchor city of the Kansas City Metropolitan Area, the second largest metropolitan area in Missouri. It encompasses in parts of Jackson, Clay, Cass, and Platte counties...
), and any other circuit court where a majority of voters choose to adopt nonpartisan appointment (currently St. Louis County
St. Louis County, Missouri
St. Louis County is a county located in the U.S. state of Missouri. Its county seat is Clayton. St. Louis County is part of the St. Louis Metro Area wherein the independent City of St. Louis and its suburbs in St. Louis County, as well as the surrounding counties in both Missouri and Illinois all...
, Clay County, and Platte County
Platte County, Missouri
As of the census of 2000, there were 73,781 people, 29,278 households, and 20,231 families residing in the county. The population density was 176 people per square mile . There were 30,902 housing units at an average density of 74 per square mile...
). When a position becomes available in one of the above courts, a nonpartisan
Nonpartisan
In political science, nonpartisan denotes an election, event, organization or person in which there is no formally declared association with a political party affiliation....
judicial nominating commission
Judicial nominating commission
A judicial nominating commission in the United States, is a body used by some U.S. states to recommend or select potential justices and judges for appointments by state governments....
reviews applications, interviews candidates, and submits three nominees to the Governor. The Governor then appoints one of the three nominees to fill the vacant position. Finally, in the first general election one year or more after the appointment, the judge must be retained by the voters in a retention election
Retention election
A judicial retention election is a periodic process whereby a judge is subject to a referendum held at the same time as a general election...
before serving a full-term. Judges for all other courts are elected directly by the voters.
County and city government
Counties with more than 85,000 people may elect their own charters, smaller ones must use the standard charter dictated by the state.Missouri allows cities to adopt their own charter should they chose to do so; it was the first state in the union to do so.
Regardless of the freedom given to city governments, most municipalities choose to organize their local government around a mayor and a city council. Council members are typically elected in either city wide or district elections.
Political parties
Like the rest of the nation, the two dominant parties in Missouri are the Democratic PartyDemocratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
and the Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
(whose state affiliates are the Missouri Democratic Party
Missouri Democratic Party
The Missouri Democratic Party is the local branch of the Democratic Party in the state of Missouri. The party Chairwoman is Susan Montee, a former state auditor, who was given the position in December 2010.-Past political strength:...
and the Missouri Republican Party
Missouri Republican Party
The Missouri Republican Party is the affiliate of the United States Republican Party in Missouri. The party Chairman is David Cole, an attorney from Cassville, Missouri who was elected in January 2009.-Current Republican officeholders:...
, respectively). The state secretary of state also recognizes the Libertarian Party
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...
as an organized party, although only five Libertarians currently hold elected office in Missouri.
The Democratic and Republican parties have been responsible for establishing the voting districts, casting votes in the Electoral College, and fielding candidates for the general elections and help determining legislative policy and priorities.