Section II Section 1

Constitution

Effective - 27 Feb 1945, see footnote   

  II Section 1.  Three departments of government — separation of powers. — The powers of government shall be divided into three distinct departments—the legislative, executive and judicial—each of which shall be confided to a separate magistracy, and no person, or collection of persons, charged with the exercise of powers properly belonging to one of those departments, shall exercise any power properly belonging to either of the others, except in the instances in this constitution expressly directed or permitted.

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Source: Const. of 1875, Art. III.

(1954) Land Clearance for Redevelopment Law (RSMo, § 99.300 et seq.), does not contravene this provision of the Constitution. State on Inf. Dalton v. Land Clearance for Redev. Auth., 364 Mo. 974, 270 S.W.2d 44.

(1960) City ordinance granting commission power to establish parking zones, with their time limitations and fixing the fees therefor to be collected through parking meters, held invalid as unlawful delegation of legislative power. Automobile Club of Mo. v. City of St. Louis (Mo.), 334 S.W.2d 355.

(1970) The courts have inherent authority to employ necessary personnel with which to carry out their functions, to fix compensation of these personnel, and to require appropriation and payment therefor. State ex rel. Weinstein v. St. Louis Co. (Mo.), 451 S.W.2d 99.

(1976) Portion of statute providing that violation of rule or regulation made pursuant to such statute is a misdemeanor is unconstitutional delegation of legislative power. State v. Raccagno (Mo.), 530 S.W.2d 699.

(2019) Restricting appropriations funding for the salary of specific administrative law judge based on that judge's date of appointment violates the separation of powers; the General Assembly may not compel an executive department, directly or indirectly, to fire a specific employee.  Rebman v. Parson, 576 S.W.3d 605 (Mo.).