


                     CONSTITUTION OF THE STATE OF MISSOURI
                              (as revised to 1974)

                                    PREAMBLE

          We, the people of Missouri, with profound reverence for  the
          Supreme Ruler of  the Universe, and  grateful for His  good-
          ness, do establish this Constitution for the better  govern-
          ment of the State.

                                    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:

Sec. 1.   That all political  power is vested in and derived from  the
          people; that  all government  of right  originates from  the
          people, is founded upon  their will only, and  is instituted
          solely for the good of the whole.

Sec. 2.   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.

Sec. 3.   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.

Sec. 4.   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 qualify-
          ing or affecting the  individual liberties of the  people or
          which in anywise may impair the right of local  self-govern-
          ment belonging to the people  of this state, should be  sub-
          mitted to conventions of the people.

Sec. 5.   That all men  have a natural and indefeasible right to  wor-
          ship Almighty  God according  to the  dictates of  their own
          consciences; that no human  authority can control or  inter-
          fere with the rights of conscience; that no person shall, on
          account of his religious  persuasion or belief, be  rendered
          ineligible to any public office  of trust or profit in  this
          state,  be  disqualified  from  testifying  or  serving as a
          juror, or  be molested  in his  person or  estate; but  this
          section shall not be construed to excuse acts of licentious-
          ness, nor  to justify  practices inconsistent  with the good
          order, peace or safety of  the state, or with the  rights of
          others.

Sec. 6.   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.

Sec. 7.   That no money shall ever be taken from the public  treasury,
          directly or indirectly, in aid  of any church, sect, or  de-
          nomination 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.

Sec. 8.   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 com-
          municate 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.

Sec. 9.   That the  people  have the right  to peaceably assemble  for
          their common good, and to  apply to those invested with  the
          powers of government for  redress of grievances by  petition
          or remonstrance.

Sec. 10.  That no person shall be deprived of life, liberty or proper-
          ty without due process of law.

Sec. 11.  That no person shall be imprisoned for debt, except for non-
          payment of fines and penalties imposed by law.

Sec. 12.  That the privilege of the writ of habeas corpus shall  never
          be suspended.

Sec. 13.  That no ex post facto law, nor law impairing the  obligation
          fo contracts, or retrospective  in its operation, or  making
          any irrevocable grant  of special privileges  or immunities,
          can be enacted.

Sec. 14.  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.

Sec. 15.  That  the people shall be  secure in their persons,  papers,
          homes and effects, from unreasonable searches and  seizures;
          and no warrant to search  any place, or seize any  person or
          thing.   shall  issue  without  describing  the  place to be
          searched. or the person or thing to be seized, or nearly  as
          may be;  nor without  probable cause,  supported by  written
          oath or affirmation.

Sec. 16.  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.

Sec. 17.  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.

Sec 18(a) That in  criminal prosecutions  the accused  shall have the
          right to  appear and  defend, in  person and  by counsel; to
          demand the nature and cause  of the accusation; to meet  the
          witnesses  against  him  face  to  face;  to have process to
          compel  the  attendance  of  witnesses  in his behalf; and a
          speedy public trial by an impartial jury of the county.

Sec 18(b) Upon a hearing and finding by the circuit court in any  case
          wherein the  accused is  charged with  a felony,  that it is
          necessary to take the  deposition of any witness  within the
          state, other than defendant and spouse, in order to preserve
          the testimony,  and on  condition that  the court  make such
          orders as  will fully  protect the  rights of  personal con-
          frontation and cross examination  of the witness by  defend-
          ant, the state may take  the deposition of such witness  and
          either party  may use  the same  at the  trial, as  in civil
          cases, provided there  has been substantial  compliance with
          such orders.   The reasonable  personable and  traveling ex-
          penses of  defendant and  his counsel  shall be  paid by the
          state or county as provided by law.

Sec. 19.  That no person shall be compelled to testify against himself
          in a criminal  cause, nor shall  any person be  put again in
          jeopardy  of  life  or  liberty  for the same offense, after
          being once  acquitted by  a jury;  but if  the jury  fail to
          render a verdict the court may, in its discretion, discharge
          the jury and  commit or bail  the prisoner for  trial at the
          same or  next term  of court;  and if  judgement be arrested
          after a verdict of guilty  on a defective indictment or  in-
          formation, or if judgement on a verdict of guilty be  rever-
          sed for error in  law, the prisoner may  be tried anew on  a
          proper indictment or information, or according to the law.

Sec. 20.  That all  persons shall be bailable by  sufficient sureties,
          except for capital  offenses, when the  proof is evident  or
          the presumption great.

Sec. 21.  That excessive  bail shall  not be  required, nor excessive
          fines imposed, nor cruel and unusual punishment inflicted

Sec 22(a) That the right of trial by jury as heretofore enjoyed  shall
          remain inviolate:   Provided, that a  jury for the  trial of
          criminal and civil cases in courts not of record may consist
          of less than  twelve citizens as  may be prescribed  by law,
          and  a  two-thirds  majority  of  such number concurring may
          render a verdict in all civil cases; that in all civil cases
          in courts  of record,  three-fourths of  the members  of the
          jury  concurring  may  render  a  verdict; and that in every
          criminal  case  and  defendant  may,  with the assent of the
          court, waive a jury trial and submit the trial of such  case
          to the court, whose finding shall have the force and  effect
          of a verdict of a jury.

Sec 22(b) No citizen shall  be disqualified from jury service  because
          of sex, but  the court shall  excuse any woman  who requests
          exemption therefrom before being sworn as a juror.

Sec. 23.  That the  right  of every citizen  to keep and  bear arms in
          defense of his home,  person and property, or  when lawfully
          summoned in aid of the civil power, shall not be questioned;
          but this shall not justify the wearing of concealed weapons.

Sec. 24.  That the military shall be always in strict subordination to
          the civil power; that no  soldier shall be quartered in  any
          house without the consent of the owner in time of peace, nor
          in time of war, except as prescribed by law.

Sec. 25.  That  all elections  shall be free  and open; and  no power,
          civil or military,  shall at any  time interfere to  prevent
          the free exercise of the right of suffrage.

Sec. 26.  That  private  property shall  not be  taken or  damaged for
          public  use  without  just  compensation.  Such compensation
          shall be ascertained by a jury or board of commissioners  of
          not less than  three freeholders, in  such manner as  may be
          provided by  law; and  until the  same shall  be paid to the
          owner, or into court for  the owner, the property shall  not
          be disturbed or the proprietary rights of the owner  therein
          divested.   The  fee  of  land  taken  for railroad purposes
          without the  consent of  the owner  thereof shall  remain in
          such owner subject to the use for which it is taken.

Sec. 27.  That in such  manner and under  such limitations as  may be
          provided by law,  the state, or  any county or  city may ac-
          quire by eminent  domain such property,  or rights in  prop-
          erty, in excess of that actually to be occupied by the  pub-
          lic improvement or used  in connection therewith, as  may be
          reasonably necessary  to effectuate  the purposes  intended,
          and may be vested with the fee simple title thereto, or  the
          control of the use thereof, and may sell such excess proper-
          ty with such  restrictions as shall  be appropriate to  pre-
          serve the improvements made.

Sec. 28.  That private  property  shall not be  taken for private  use
          with  or  without  compensation,  unless  by  consent of the
          owner, except for private ways of necessity, and except  for
          drains and ditches across  the lands of others  for agricul-
          tural and  sanitary purposes,  in the  manner prescribed  by
          law.;  and  that  when  an  attempt  is made to take private
          property  for  a  use  alleged  to  be  public, the question
          whether the contemplated use4 be public shall be  judicially
          determined  without  regard  to  any legislative declaration
          that the use is public.

Sec. 29.  That employees shall have the right to organize and to  bar-
          gain  collectively  through  representatives  of  their  own
          choosing.

Sec. 30.  That treason against  the state can consist only in  levying
          war against it, or in  adhering to its enemies, giving  them
          aid and comfort; that no person can be convicted of treason,
          unless on the testimony of  two witnesses to the same  overt
          act, or on his confession in open court; that no person  can
          be attainted of treason  or felony by the  General Assembly;
          that no conviction can  work corruption of blood  or forfei-
          ture of estate; that the estates of such persons as may des-
          troy their own  lives shall descend  or vest as  in cases of
          natural death; and when any  person shall be killed by  cas-
          ualty, there shall be no forfeiture by reason thereof.

Sec. 31.  That no law shall delegate to any commission, bureau,  board
          or other  administrative agency  authority to  make any rule
          fixing a fine or  imprisonment as punishment for  its viola-
          tion.



