All political power is vested in the people
"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." - Missouri Constitution, Article I Section 1
The People have not given their representives carte blanche. The state Constitution defines their role and limits their power.
The Article 3 Institute is dedicated to holding them to those limits through education and strategic litigation.
The Citizens are in Charge
The People of Missouri have seen fit to make it clear in their fundamental governing document, the state Constitution, that THEY are in charge.
The very first clause, right after acknowledging God as "the Supreme Ruler," reminds the world that government only has the power the People have loaned to it, and that such power is to be used for "the good of the whole," not special interests:
In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare:
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. - MO Constitution, Article I, Section 1.
the Role of Government is to Protect our Liberty
In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare:
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. - MO Constitution, Article I, Section 2
Article III, Section 21
The original PURPOSE of a bill can not be changed throughout the legislative process.
The style of the laws of this state shall be: "Be it enacted by the General Assembly of the State of Missouri, as follows." No law shall be passed except by bill, and no bill shall be so amended in its passage through either house as to change its original purpose. Bills may originate in either house and may be amended or rejected by the other. Every bill shall be read by title on three different days in each house. - MO Constitution, Article III, Section 21
-
-
Article III, Section 23
Each bill is limited to ONE SUBJECT, and that subject must be CLEARLY SPECIFIED in the bill title.
No bill shall contain more than one subject which shall be clearly expressed in its title, except bills enacted under the third exception in section 37 of this article and general appropriation bills, which may embrace the various subjects and accounts for which moneys are appropriated. - MO Constitution, Article III, Section 23
The East India Company received special treatment from the king.
Article III, Section 38(a)
Lawmakers are forbidden from giving public money or property to their friends or the well-connected, as the British did so often at the expense of the American colonists and others.
The general assembly shall have no power to grant public money or property, or lend or authorize the lending of public credit, to any private person, association or corporation, excepting aid in public calamity, and general laws providing for pensions for the blind, for old age assistance, for aid to dependent or crippled children or the blind, for direct relief, for adjusted compensation, bonus or rehabilitation for discharged members of the armed services of the United States who were bona fide residents of this state during their service, and for the rehabilitation of other persons. Money or property may also be received from the United States and be redistributed together with public money of this state for any public purpose designated by the United States. - MO Constitution, Article 38(a)
-
-
East India Company coat of arms.
At one point, this private company with special government conferredpriviledges had its own standing army of over 1/4 million soldiers.
In the 1760s, many American colonists believed their policies were responsible for the death of 10,000 inhabitants of Bengal India. When the British expanded the East India Company's charter to include the American colonies, the colonists sent a message of displeasure by dumping the company's tea in Boston Harbor.
The war for American independence was largely against this sort of favored treatment by government (aka "mercantilism") and that gave rise to limits on government like those found in Article III, Section 39.
Article III, Section 39
As an extension of the "good of the whole" and "general welfare" clauses in the Bill of Rights, lawmakers are prohibited from granting special treatment to their "favorites" even when there might be some alleged public good resulting.
The general assembly shall not have power:
(1) To give or lend or to authorize the giving or lending of the credit of the state in aid or to any person, association, municipal or other corporation;
(2) To pledge the credit of the state for the payment of the liabilities, present or prospective, of any individual, association, municipal or other corporation;
(3) To grant or to authorize any county or municipal authority to grant any extra compensation, fee or allowance to a public officer, agent, servant or contractor after service has been rendered or a contract has been entered into and performed in whole or in part;
(4) To pay or to authorize the payment of any claim against the state or any county or municipal corporation of the state under any agreement or contract made without express authority of law;
(5) To release or extinguish or to authorize the releasing or extinguishing, in whole or in part, without consideration, the indebtedness, liability or obligation of any corporation or individual due this state or any county or municipal corporation;
(6) To make any appropriation of money for the payment, or on account of or in recognition of any claims audited or that may hereafter be audited by virtue of an act entitled "An Act to Audit and Adjust the War Debts of the State," approved March 19, 1874, or any act of a similar nature, until the claim so audited shall have been presented to and paid by the government of the United States to this state;
(7) To act, when convened in extra session by the governor, upon subjects other than those specially designated in the proclamation calling said session or recommended by special message to the general assembly after the convening of an extra session;
...etc... - MO Constitution, Article III, Section 39
Article III, Section 40(30)
All laws must be for the "Good of the Whole" or "General Welfare" resulting in "equal rights and opportunity under the law".
The general assembly shall not pass any local or special law:
(1) ... (29)
(30) where a general law can be made applicable, and whether a general law could have been made applicable is a judicial question to be judicially determined without regard to any legislative assertion on that subject.- MO Constitution, Article 40(30)
-
The Chartered Purpose of the Article 3 Institute
To Promote knowledge of and adherence to the duties, powers, and limitation of powers outlined for the Missouri General Assembly in Article III of the Missouri Constitution and to promote constitutional governance, in general.
.jpg)