"We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this Constitution for the better government of the state."

-- Preamble of the Missouri Constitution

By Marc Powers ~ Southeast Missourian

JEFFERSON CITY, Mo. -- That simple, one-sentence introduction probably caused little stir when drafted for the Missouri Constitution of 1875 or 70 years later when retained in the state's 1945 replacement charter. However, at a modern constitutional convention that sentence could spark a bitter fight.

With a stricter judicial interpretation of the establishment clause of the First Amendment to the U.S. Constitution in place today than was the case during past conventions, some delegates could argue Missouri's preamble is an unconstitutional government endorsement of religion, said Dr. Richard Hardy, a political science professor at the University of Missouri-Columbia.

"Would the preamble pass today? The answer is you would have the American Civil Liberties Union say 'no' and have the Christian Coalition say 'yes,'" Hardy said. "The preamble would be a stumbling block for weeks."

Such a battle likely would be one of many to take place should voters endorse a little-known measure on the Nov. 5 ballot calling for a constitutional convention.

The question automatically goes before voters every 20 years. It was overwhelmingly rejected on the last two tries, in 1962 and 1982, and is getting scant attention this year.

"It should be the most important issue on the ballot," Hardy said. "It is one that gets to the heart of our system."

Secretary of State Matt Blunt said a convention is probably not needed as the constitution is easily -- and often -- changed by individual amendments submitted to voters. Nonetheless, he said it is important for voters to periodically consider the question and is working to promote awareness of the ballot measure.

"Thomas Jefferson had a theory that public debts and laws should not last more than a generation so as not to saddle future generations with debts and laws that did not have their concurrence," Blunt said.

If a convention were called, another election would be held to choose delegates. There would be no time limit for delegates to draft a proposed constitution or offer amendments. If the convention produced a new document or amendments, they would be subject to voter ratification.

Wordy works

A constitution is intended to provide a framework around which laws are built, Hardy said. Whereas the federal Constitution simply outlines the powers of government and the basic rights of citizens, many state constitutions, including Missouri's, contain provisions that would be better suited as statutes.

"Some of the constitutions rival the Old Testament in terms of length," Hardy said.

At a modern constitutional convention, Hardy said tempers would be likely to flare over "guns, babies and taxes."

Like the federal charter, Missouri's bill of rights protects the right to bear arms. However, the latter specifically says residents have no right to carry a concealed weapon -- a privilege Second Amendment advocates have long sought in Missouri.

Another issue that could give delegates a hard time in passing a bill of rights is abortion. Hardy predicted competing provisions would be offered -- one banning abortion and another enshrining it as a right.

"The abortion issue would really tear a convention asunder," Hardy said.

As for taxes, numerous sections of the current constitution address the topic and various interest groups would probably work to eliminate or preserve every one.

Hardy said interest groups would be at the forefront of the debate on all issues raised at a convention, just as they are with proposed amendments that currently go on the ballot.

"I think it would go on and on and on almost ad nauseam," Hardy said. "Every interest group would fight tooth and nail."

But like Blunt and most others aware of the ballot question, Hardy doesn't see a constitutional donnybrook anytime soon. He doubts Missourians will authorize a convention.

"Our political culture is if it ain't broke, don't fix it," Hardy said. "We have a document which I think has served us quite well."

mpowers@semissourian.com

(573) 635-4608

PREVIOUS STATE CONVENTIONS IN MISSOURI

1820: By act of Congress, the people of the Missouri territory were authorized to hold a constitutional convention as a prelude to statehood. The delegates met from June 12 through July 19 and in five weeks produced the first state constitution. There was no provision for putting the charter to a public vote. Missouri became a state on Aug. 10, 1821.

1845-46: Voters call for a state convention in 1844. The delegates met from Nov. 17, 1845 through Jan. 21, 1846, and passed a proposed constitution 49-13. However, voters refused to ratify it.

1861: By act of the General Assembly, a convention convened on Feb. 28, 1861, to consider whether Missouri should secede from the Union. Instead of endorsing secession, the delegates on July 31 passed an ordinance ousting from office Gov. Claiborne Fox Jackson and Lt. Gov. Thomas Caute Reynolds because of their support of the Confederacy. The convention named Hamilton Rowan Gamble provisional governor and Willard Preble Hall provisional lieutenant governor. Gamble served until his death on Jan. 31, 1864, at which time Hall became provisional governor.

1865: Delegates convened on Jan. 6 after voters authorized a constitutional convention. The delegates were specifically charged with drafting provisions necessary for the emancipation of slaves and to strip Confederate sympathizers of the right to vote. Voters narrowly ratified the state's second constitution on June 6.

1875: Voters again called for a convention, which convened on May 5 and adjourned Aug. 2. Delegates conducted a complete revision of Missouri's 10-year-old wartime charter and endorsed it 60-0. Voters overwhelmingly ratified the state's third constitution on Oct. 30.

1922-23: Delegates met for a total of 266 days in three sessions held from May 15, 1922, until Oct. 5, 1923. The convention did not produce a new constitution, but 21 proposed amendments were submitted to the people, who adopted just six.

1943-44: In 1942, voters asked for another convention. During 213 days of work from Sept. 21, 1943, through Sept. 29, 1944, delegates considered 375 proposed changes to the 1875 constitution. While many provisions of the old document remained, delegates agreed on a completely reorganized charter incorporating some 60 changes. With nearly 63 percent support, voters ratified Missouri's fourth constitution on Feb. 27, 1945.