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Government in Missouri by David Stokes with Research Assistance by Justin Hauke

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Government in Missouri by David Stokes with Research Assistance by Justin Hauke policy study NUMBER 18 FEBRUARY 5, 2009 government in missouri By David Stokes With research assistance by Justin Hauke executive This study particularly focuses on the theories of public choice economics, summary a branch that studies the institutional This policy study undertakes a incentives of government and politics. broad review of Missouri’s state and The analysis considers several prevailing local governmental structure, as public choice theories and gauges their viewed from the perspective of public applicability to the specific cases present choice economics. It applies various in Missouri: whether larger legislatures economic theories, as well as insights lead to increased spending; whether at- from the broader world of political large legislative bodies spend less than science, to Missouri’s present system districted bodies; and, whether a given of government and politics. Throughout jurisdiction can have both too many and the study, the term “government” too few elected officials. refers to the exact bodies and officials The resulting data is compared that compose it, rather than to more to observed spending levels within theoretical ideas regarding the role it Missouri governments. This study’s should have in our lives. findings include proof of the economies In order to facilitate an analysis of scale that occur when measuring of Missouri government, this study spending within smaller Missouri David Stokes is a first provides a detailed outline of how counties. They also describe the lack of policy analyst for the the state’s many government units any hard proof of relative overspending Show-Me Institute. are structured, including legislative in the city of Saint Louis, despite strong Justin Hauke is a former bodies and elected officials at the theoretical indications that such proof policy analyst for the state, county, township, and municipal might be found. Show-Me Institute. He levels. It then compares Missouri’s The author concludes the study currently works as a governments to those of other states, with recommendations for ways to stock analyst for counties, and cities — particularly in improve the quality and efficiency of Robert W. Baird & Co. Pennsylvania. government in Missouri. introduction section one This study is a comparative analysis of government in Missouri.1 It has three fundamental goals. government The first is to provide a comprehensive organization in count of the varying levels of government missouri units and the number of elected officials in Missouri, and to compare them to those of other states. The second is to review Executive Branch the economic literature that has evaluated (Article Four of the the relationships between different sizes Missouri Constitution) of government and numbers of elected Missouri’s traditional three-branch officials. This literature has produced style of government would be familiar to tested and demonstrable theories, such any civics student. The executive branch This study does as the “Law of 1/N,” and this paper will is headed by the elected governor and not set out to attempt to determine whether these includes five other elected officials: prove or disprove results apply to Missouri. The final goal is lieutenant governor, secretary of state, the public choice to compare levels of government spending treasurer, auditor, and attorney general. economic ideas within Missouri entities, especially for All six offices are elected statewide for and laws that are counties and municipalities. four-year terms on a partisan basis. under review. The economic literature to be reviewed The governor is Missouri’s primary Rather, this paper will note the relationship between the official. He is the commander in chief of will accept them number of elected officials, in particular, and the state militia (National Guard), has as they are, and the comparative amount of spending by that authority to veto legislation, appoints then determine government unit. This research considers appellate-level (and some circuit-level) whether they the commonly held belief that an increasing judges, makes appointments to hundreds hold when number of governmental units within a of state boards and commissions, and applied to polity, or “fragmentation,” results in a less directs the management of all state government in efficient provision of government services. departments. The governor and the This study does not set out to prove or treasurer are the only statewide officers Missouri. disprove the public choice economic ideas limited to two four-year terms. and laws that are under review. Rather, The lieutenant governor takes over this paper will accept them as they are, as governor in the event of the death, and then determine whether they hold impeachment, or abdication of the when applied to government in Missouri. governor. The lieutenant governor also Ultimately, the study asks: If Missouri has serves as the president of the state a large number of elected officials and Senate, casting tie-breaking votes when government units, and if a large number necessary, and as such is also a member of elected officials and government units of the legislative branch. He or she is not generally leads to higher spending levels, elected on a ticket with the governor, as then how can Missouri be a comparatively in many other states, or as is the case low-taxing and low-spending state? with the country’s president and vice- 2 president. It is therefore possible to have terms, and the House has 163 members, members of opposite parties serving as elected to two-year terms. All members are governor and lieutenant governor.2 The elected in partisan races. Officeholders position of lieutenant governor is the only are subject to term limits of eight years in statewide office technically considered to each house.4 Legislation must be passed be part time, and although it is legal for in both houses of the legislature, and officeholders to have a second job, most signed by the governor, to become law. recent lieutenant governors have not The legislature can, however, override a availed themselves of this option.3 gubernatorial veto by a two-thirds vote of The secretary of state is the chief both houses. elections official of Missouri, and The House of Representatives is maintains a wide variety of official records, headed by the speaker of the House. including corporate filings and the state The speaker, selected by members of the archives. The treasurer is responsible majority party, directs the management for the investment and management of of legislation, as well as committee the state’s finances and tax revenues. assignments for the other members. The attorney general represents the Although the Senate is theoretically Through a state’s interests before the courts in presided over by the lieutenant governor, petition process, civil, criminal, and regulatory matters. this authority is generally reserved, by any government Interestingly, the attorney general is the custom, for ceremonial duties or extremely only officeholder other than the governor close and important votes in which the tie- entity in Missouri required by law to maintain a residence breaking vote of the lieutenant governor can be audited if in Jefferson City, and the only one who might be required.5 On a daily basis, the enough residents must pay for this residence himself. The Senate is headed by the president pro demand it. auditor is charged with conducting audits tem, who, like the speaker of the House, is of state agencies and with monitoring chosen by members of the majority party. the finances of third-class counties, as The General Assembly convenes well as of other governmental entities, each year in January, and meets through in order to oversee and ensure financial mid-May. There is a short session in the responsibility. Through a petition process, fall to consider potential veto overrides. any government entity in Missouri can be The legislature can also be called into audited if enough residents demand it. special session by the governor at other times. Senators and representatives are Legislative Branch not considered full-time officials, and (Article Three of the many, if not most, have other jobs. Missouri Constitution) The legislative branch consists Judicial Branch of the traditional bicameral General (Article Five of the Assembly, with a Senate and a House Missouri Constitution) of Representatives. The Senate has 34 The third branch of Missouri members, elected to staggered four-year government is the judicial system. The 45 3 judicial circuits, in which criminal and civil Missouri has designed an original matters are first heard, are the foundation. and distinctive method for selecting Larger counties tend to serve as their own judges. Previously, judges at all three judicial circuits. For instance, the 16th levels had been selected in partisan Missouri has Circuit Court consists entirely and solely elections. However, in 1940, the state designed an of Jackson County. Smaller counties are adopted a plan of judicial selection that original and generally merged with other counties into has subsequently been emulated by distinctive circuits. For example, the 1st Circuit Court many other states. “The Missouri Plan,” consists of Clark, Scotland, and Schuyler as it is known, uses appointed boards to method for counties.6 Judicial circuits are presided select three candidates for vacant judicial selecting over by circuit and associate circuit positions, and the governor chooses the judges. judges. By law, every county must have at final appointee from among the panel’s least one associate circuit judge assigned recommendations. This system applies to it. At present, there are 148 circuit to appellate and Supreme Court judges, judges and 187 associate circuit judges.7 as well as to circuit and associate circuit Additionally, individual cities often have judges in six of Missouri’s larger counties.9 municipal courts that decide issues of Judges appointed under the “Missouri traffic violation and municipal ordinances. Plan” are then subject to retention votes Within the circuit courts, circuit judges by the people.
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