Understanding Missouri's Constitutional Government

3. The Legislature

3 The Legislature This is the first of three chapters exploring the branches of government as they are defined and operate in Missouri. The method will consist of an introductory essay at the beginning of each chapter on the branch being discussed. This introduction will give an overview of the structure and operation of the chapter’s branch of government. Following that, the text will again turn to an analysis of the actual sections of the article in some detail and in order, continuing the dual nature of these chapters. The closeconsideration section of the chapters will not provide the actual wording of the constitution, as was a necessity for the Bill of Rights chapter. The Missouri Constitution is so specific in these areas that to quote all sections would double the size of the text unnecessarily. Unlike the previous chapter on the Bill of Rights, which, of necessity, focused on the limitations of government in a very specific and technical arena of constitutional protections, the material covered by these chapters deals with the political system as it operates through the three branches of government and as grounded in constitutional operational principles. Legislative Functions State legislatures perform a variety of functions, some of which are obvious and some of which are not so apparent to the casual observer. These functions are not significantly different from the functions performed by the national legislature; they simply have a different environment within which to operate and a different scale of operation. State legislatures have fewer members than the national legislature, shorter sessions (at least most 50 51 The Legislature do, including Missouri), more constraints on actions (particularly the need for a balanced budget), and somewhat less public scrutiny, all of which produces a different dynamics to the politics of the state legislature. Legislatures have three fundamental functions: public policy making, legislative oversight, and representation. As we briefly discuss each of these functions, you will notice that some of what the legislature does is what we expect them to do from the very definition of their role. Other things they do are not so obvious and give insight into the conflicts inherent in the process that individual legislators face in making decisions. Some of these functions are extraconstitutional but vital to the understanding of the role of the legislature in state government. Public Policy Making This is the central role of the legislature. Our system of government, founded upon the liberal philosophies of John Locke, Rousseau, and other Enlightenment thinkers and made pragmatic by the American founding fathers, sees the legislature as the dominant element of government. If we are to have government by the consent of the governed (the central ten­ et of democracy), then those who represent the governed most directly must have the dominant responsibility for governing. That, of course, is the legislature, as we have already seen through court interpretation of the Missouri Bill of Rights. Governing consists first and foremost of making policies concerning the entire community that makes up the political unit—the definition of public policy. Making public policy consists of three basic activities: making laws, establishing and defining state governmental activities, and accumulating and appropriating the funds to carry out these activities. First, then, legislatures must set the legal foundations and rules that not only refine the operations and structure of government outlined in the constitution but produce the specific mechanisms to carry out the functions of government outlined in the constitution. Then they must produce projects and programs that respond to the demands and needs of the public at any particular time. Bureaucracies, broadly provided by the constitution, are specified and refined by law. Goals of the constitution as defined by contemporary politics are pursued by legislation—whether these are economic, social, or ethical goals or goals in the area of defining criminal justice. Legislation , then, is passed to provide for infrastructures (roads), social supports (health, unemployment, recreation), and safety (criminal justice system, workplace safety). In addition, the state must provide the underlying legal 52 Understanding Missouri’s Constitutional Government basis for the legitimate relationships between individuals and between individuals and the state: civil law. Fundamentally, legislation can be divided into criminal law, civil law, and operational legislation. Criminal law is that set of legislative acts that produce and sustain the criminal justice system. These laws define the parameters of acceptable individual behavior in relationship to the health and safety of the community...