3All States Have Police Power Under 10th Amendment state governments and the people hold powers neither given to the Federal government nor prohibited to the statesResidual powers broader than those of the Federal governmentStates assumed to have all authority not prohibited in Federal or state constitutionsPolice Power: The principal state power--gives each state authority to provide for the health, morals, safety and welfare of its people.Using its Police Power a state can regulateHealthPasteurized Milk lawsSafetySpeed LimitsMoralsOutlaw ProstitutionWelfareOutlaw child labor
4How Is the MO Constitution Organized? Bill of RightsArticle I3 BranchesLegislativeExecutiveJudicial
5ARTICLE I BILL OF RIGHTS CONSTITUTION OF THESTATE OF MISSOURIBill of RightsIn order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare:Sec That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.Popular Sovereignty
6How Free Are You in Missouri? This study scores economic freedom in three primary ways: (1) it includes measures of social and personal freedoms such as peaceable citizens’ rights to educate their own children, own and carry firearms, and be free from unreasonable search and seizure; (2) measures of economic freedom; and (3) it measures state’s fiscal policies.
7How Free Are You in Missouri? 8th best on personal freedom.Drugs & GamblingSlipped from 6th overall in 2011!Freedom in the States Race
8How is Our State’s Government Organized? 3 BranchesLegislativeGeneral AssemblyExecutiveGovernor & Lieutenant GovernorOther Executive Branch OfficialsJudicialSupreme CourtLower appellate and trial courtsRules for all Missouri OfficialsPay your taxesNo feloniesNo election shenanigans
9The General Assembly Consists of Two Chambers House of Representatives 163 MembersSenate34 MembersGeneral Assembly meets on the first Wednesday after the first Monday in January following each general election.Sessions typically last till May.3/4 of the members of both houses may vote to convene the General Assembly in special session.
10House of Representatives 163 membersMembers must be24 years of ageVoter for 2 yearsDist. resident for 1 yearServe a 2 year term8 year term limitStacy Newman—87thMichael Butler 79th
11Missouri House of Representatives Districts from 2010 Census
18CHS Senate Districts24 = John Lamping 14 = Maria Chapelle-Nadal 04= Jos. Keaveny 04 = Jamila Nasheed
19How Bills Are Passed What kinds of bills do they consider? Following perfection, and the bill’s passage by both House and Senate, the bill it is presented to Governor.Within 15 Days Governor must return bill with signed approval or objections.Bills approved by the Governor become law.If the Governor fails to return a bill within the time limits the bill becomes law.
20The Initiative The people can propose new laws How does it work? Don’t need action by Gen. Assy. or Gov.How does it work?To propose an amendment to the Constitution a petition must be signed by 8% of the voters in each 2/3 of the state’s 8 congressional districts.Petitions proposing new laws need signatures of 5% of such voters.Petitions must be filed with the Secretary of State at least 4 months before the next election.
21ReferendumThe people can block new laws from going into effect if . . .Petitions signed by 5% of the voters in 2/3 of the congressional districts in the state, orGeneral Assembly directs it. Any measure referred to the people shall take effect when approved by a majority of the votes cast.Majority of the voters in next election decide.
23Executive Branch Governor Has state’s supreme executive power Appoints department heads with Senate approvalQualificationsAt least 30 years of ageCitizen of the U.S. for at least 15 yearsResident of Missouri for at least 10 yearsCan’t serve more than two terms.
24Governor’s Powers Commander in chief of our national guard But not when called into service of U.S.Judicial powersCan grant:Reprieves, commutations and pardons (but not parole) for all offenses except treason and in cases of impeachment.Appoints all appellate judges and some lower judges.
25Governor’s Powers cont. Legislative PowersSOTS SpeechVeto PowerLine Item Veto & Balanced Budget2/3 to override in September Veto SessionCall Special Session of General AssemblyMust state specifically each matter on which action is deemed necessary.
26Executive Departments RevenueHighways and TransportationAgricultureEconomic DevelopmentInsuranceSocial ServicesMental HealthConservationNatural ResourcesPublic SafetyLabor and Industrial RelationsOffice of AdministrationElementary & Secondary EducationHigher EducationCorrectionsHealth & Senior ServicesGovernor Appoints Department Heads with Senate Approval
29>70% to Education & Welfare Missouri State Government Budget: 2012>70% to Education & Welfare
30Other Executive Branch Officials Lieutenant GovernorSecretary of StateState AuditorState TreasurerAttorney General
31What do they do? Lieutenant Governor Same qualifications as Governor President Ex Officio of Senate*.May debate all questions in SenateVotes to break ties in SenateActs acts Governor during absences*Not the most powerful member of Senate, however.
32Order of SuccessionIf the Governor dies, is convicted, impeached or resigns, thenthe Lieutenant Governor shall become governor for remainder of term.
33What if there is no Lt. Governor? ThenPresident Pro Tem of the SenateSpeaker of the HouseSecretary of StateState AuditorState TreasurerAttorney General
34State Auditor Official Duties Tax Payers’ Watchdog Accounting for public officials of the stateInspects finances of state agencies, boards, and official groups.Audits Treasury every year.Other audits and investigations required by law (county and city audits).
35Secretary of State Official Duties Runs elections Custodian of the Seal of the StateKeeps register of official acts of the Governor.Maintains records of corporations and businesses in Missouri
36State Treasurer Official Duties Manages state’s money. Custodian of state funds.Manages the Unclaimed Property Fund
37Attorney General State’s Chief Legal Officer Chief attorney for state. Represents Missouri in criminal appealsFights against consumer fraudMust be attorney and reside in Jefferson City.
38When are they elected?Governor*, Lt. Governor, Secretary of State, State Treasurer* and Attorney General are elected at presidential elections for four years terms.State Auditor is elected to a four year term in off year general elections*Can’t be elected more than two times.
39Who Gets to Vote for These People? Who can register to vote in Missouri?Citizens living in Missouri must register in order to vote. Any U.S. citizen 17 years and 6 months of age or older, if a Missouri resident, may register and vote except a person who is:Adjudged incapacitatedImprisonedOn probation or parole after conviction of a felony until dischargedConvicted of a felony or misdemeanor connected with suffrage
40How and where do Missourians register to vote? Qualified citizens may register in person at the office of their local election authority, by mail, at the driver's license office or at participating state agencies.YOU CAN REGISTERDriver’s License OfficeCounty Court HouseSt. Louis City/County Bd. Of Election Commrs.By mail
41When do Missourians register? New Missouri residents may register immediately.BUT: The deadline for registration is the fourth Wednesday prior to an election.Official election dates in Missouri:General Municipal Election Day: 1st Tuesday after the first Monday in April each year.Primary Election Day: 1st Tuesday after the first Monday in August in even-numbered years.General Election Day: 1st Tuesday after the first Monday in November of even-numbered years.
42Voting You may be directed to vote in a Voting is Secret SchoolGovernment BuildingChurch???AbsenteeVoting is SecretMissourians do not register their party affiliation. At primary elections voters choose which "established party"ballot they wish to vote.Can get non-partisan ballot for “issues”Party nominees and independent candidates are then listed on the general election ballot.
44ARTICLE I BILL OF RIGHTS GUARANTEES CONSTITUTION OF THESTATE OF MISSOURIBill of RightsIn order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare:Sec 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.
45Rights Guaranteed to Missourians Freedom of ReligionWhat are the limits?Does not excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others.Search WarrantsMust include?A description of the place to be searched, or the person or thing to be seizedProbable cause (supported by written oath or affirmation)
46Rights of Persons Accused of Crimes right to appear and defend--in person and by counselto demand the nature and cause of the accusationto meet witnesses face to faceprocess to compel the attendance of witnesses in his behalf (subpoena power)speedy public trialimpartial jury of the countypresumption of innocence
47No self-incrimination No double jeopardy Bail Guaranteed—unless? Some capital offensesFlight riskDefendant poses a dangerNo excessive bail or cruel & unusual punishmentsRight to trial by juryCriminal vs. Civil• 9-3
48What is a Grand Jury? Treason? 12 membersTrue Bill (9 required)Can investigate officialsNot required for all felony charges (The Information)TreasonConsists only in levying war or in adhering to Missouri’s enemies, giving them aid and comfort;No person can be convicted of treason, unlessTestimony of two witnesses to the same overt act, orConfession in open courtAlsoNo Attainder by General AssemblyNo corruption of the bloodNo penalty for suicide
49No person shall be deprived of . . . property without due process of law. Eminent Domain“Taking” must be for public useToday’s debate is over public vs. private useKelo v. City of New LondonCenteneJury trial as to “just compensation”
67Missouri is a low tax state With a per capita 2005 state tax collection of $ per Missourian, we rank 45th out of 50.
68Comparing MO to Other States 44th lowest for State Spending Per Capita46th lowest for State and Local Spending Per Capita39th lowest for Per Pupil Expenditures in K-12 Public Schools46th Lowest Nationally for Per Capita spending on Higher EducationOne of the lowest eligibility levels for Health Care assistance for parentsStatistics from Morgan Quitno State Rankings68
70Missouri Voter's Bill of Rights As a registered voter in Missouri you have the right to . . .Cast your ballot free from interference in a private and secret manner unless assistance is requested.View written instructions on how to obtain a ballot for voting, how to vote and prepare the ballot for deposit in the ballot box.Ask for and receive further instructions from election judges concerning the manner of voting;View a sample ballot in the polling place before voting.Cast a vote if you are in line before the polls are closed at 7:00 PM.
71Voter's Bill of Rights Cont. Ask to have the election judges or person of your choice assist you in voting if you cannot read, are blind, or have any other physical disability and cannot vote your ballot; request curbside voting or a more accessible polling location if needed.Receive another ballot if your ballot is accidentally spoiled or you make an error.Vote on statewide candidates and issues and federal candidates by provisional ballot if the election judges or the election authority cannot determine your registration status.Vote by absentee ballot when permitted by law.File a grievance with the Secretary of State's office if your rights under the Help America Vote Act, Title III, have been violated.