Constitution of Mississippi

Constitution of Mississippi
Title	Constitution of Mississippi
Jurisdiction	State of Mississippi
Date created	1890
Date ratified	November 1, 1890
Date effective	November 1, 1890
Location of document	Mississippi State Capitol
Writer	Constitutional Convention of 1890
Signers	Delegates including Solomon S. Calhoon
Purpose	Replace the Constitution of 1868

Constitution of Mississippi. The fundamental governing document of the U.S. state of Mississippi, the current constitution was adopted in 1890 by a constitutional convention dominated by the Democratic Party. It replaced the Reconstruction era Constitution of 1868 and was designed primarily to disenfranchise African Americans through mechanisms like the poll tax and literacy test. As the third constitution in the state's history, following those of 1817 and 1832, it has been amended over 100 times but remains one of the longest and most detailed state constitutions in the United States.

History and background

Following the end of Reconstruction and the withdrawal of federal troops, the Democratic "Redeemers" in Mississippi sought to consolidate power and eliminate political influence from the state's large African-American population. The convention of 1890, meeting in the Mississippi State Capitol in Jackson, was convened with this explicit aim. Delegates, including prominent figures like Solomon S. Calhoon and James Z. George, modeled disenfranchising provisions after those in other Southern states. The document was ratified without a popular vote and succeeded the more progressive, but widely resented, Constitution of 1868 that had been adopted under the authority of the Military Reconstruction Acts.

Structure and content

The document is organized into a preamble and 15 articles. Key articles include the Bill of Rights, which outlines the separation of governmental powers among the Legislature, the Governor, and the Judiciary. It establishes a bicameral Mississippi Legislature consisting of the House of Representatives and the Senate. Other articles detail the structure of the Supreme Court and lower courts, the election and duties of statewide officials like the Secretary of State and Attorney General, and provisions for local government such as counties and municipalities. It also contains extensive sections on taxation, public schools, and corporations.

Amendments and revisions

The constitution has been amended over 130 times since 1890, with changes proposed by the Mississippi Legislature and ratified by the state's electorate. Notable amendments include the repeal of the poll tax in 1975 following the 24th Amendment and the Voting Rights Act of 1965. In 1987, voters approved a major reorganization of the judiciary. Several attempts at comprehensive revision have failed, including a proposed new constitution drafted by a commission in the 1980s and rejected by voters in 1985. The amendment process requires a two-thirds vote in both legislative chambers before a public referendum.

Key provisions and features

A defining original feature was its array of disfranchisement clauses, including the infamous "Mississippi Plan" incorporating a literacy test and understanding clause aimed at African Americans. While these were rendered unenforceable by the Voting Rights Act of 1965, some language remained until a 2020 amendment. The document is also noted for its length and detail, regulating many aspects of state governance typically left to statute, such as specific property tax rates. It contains a Declaration of Rights and originally mandated racial segregation in public schools, a provision nullified by Brown v. Board of Education.

Comparison with other state constitutions

The document is significantly longer and more detailed than the United States Constitution and many other state charters, such as the Constitution of Vermont. It is often compared to the Alabama Constitution of 1901, another lengthy post-Reconstruction document designed with similar disenfranchising goals. Unlike the Constitution of Louisiana, it does not employ a civil law system. Its amendment rate is lower than that of the frequently revised Constitution of California but higher than the stable Constitution of Massachusetts.

Contemporary issues and debates

Modern debates often focus on the document's antiquated and cumbersome nature, with calls for a new constitutional convention from groups like Mississippi's Economic Council. Specific provisions, such as the state's initiative process for constitutional amendments and the structure of the Supreme Court, are frequent topics of legislative discussion. The 2020 passage of Amendment 3, which replaced the electoral college-style provision for electing the Governor with a simple popular vote system, marked a significant recent change. Ongoing legal and political discussions also involve provisions related to education funding, stemming from lawsuits like those from the Southern Poverty Law Center, and the balance of power between the Governor and the Mississippi Legislature.

Category:State constitutions of the United States Category:Mississippi law Category:1890 in American law Category:1890 in Mississippi