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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.