Document Type


Publication Date

Winter 2001


Recognizing that state courts are beginning to review procedural challenges more rigorously, this Article attempts to provide guidance for the resolution of such cases. Part I examines the history, purposes, and standards of original purpose, single subject, and clear title restrictions, using Missouri's provisions as examples. Part I also identifies paradigmatic cases of each of the procedural violations with the hope of more sharply differentiating the three claims. Parts II through V present a case study of ten Missouri cases decided since 1994, supplemented with notable cases from other states. Part II begins with a brief description of the Missouri cases. These cases together address all three of the constitutional restrictions, and do so in more depth and variety than do the recent cases of any other single state. As such, they constitute a compact yet well-developed body of law for analysis. Part II concludes by presenting a preliminary assessment of the Missouri Supreme Court's analysis of these claims. Part III uses the Missouri cases as a basis from which to develop a framework for analysis of original purpose, single subject, and clear title claims.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.