Mississippi Constitution

Mississippi Constitution
Preamble
Articles
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The Mississippi Constitution is the state constitution of Mississippi.

• The current Mississippi Constitution was adopted on November 1, 1890.
• Mississippi has had four constitutions, which were adopted in 1817, 1832, 1868, and 1890.
• The current state constitution has 15 articles.
• The current Mississippi Constitution has been amended 123 times.
• The most recent amendments to the Mississippi Constitution, of which there are two, were approved by voters in 2020.

The Mississippi Constitution can be amended with a legislatively referred constitutional amendment, or a citizen-initiated constitutional amendment, both of which require voter approval.

Note on Mississippi:

Mississippi has an initiated constitutional amendment process, including a signature distribution requirement based on five congressional districts. However, the requirements cannot be met, according to the Mississippi Supreme Court, because the state has four congressional districts following reapportionment in 2001. As a result, the process remains part of the state constitution but cannot be carried out in practice.

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Background

Mississippi became the 12th state on December 10, 1817. The state has had four constitutions, which were adopted in 1817, 1832, 1868, and 1890.

The Constitution of 1817, the state's first constitution, was drafted when Mississippi became a state. In 1832, a new constitution was written to replace the original. At the conclusion of the Civil War, a third constitution was drafted and adopted, the Constitution of 1868. Mississippi’s present constitution was adopted in 1890.

Preamble

See also: Preamble, Mississippi Constitution and Preambles to state constitutions

The preamble to the Mississippi Constitution states:

	We, the people of Mississippi in convention assembled, grateful to Almighty God, and invoking his blessing on our work, do ordain and establish this Constitution.

Article 1

See also: Article I, Mississippi Constitution

Article 1, labeled "Distribution of Powers," has two sections, stating that the Mississippi government shall have three distinct divisions: the executive, legislative and judiciary. It also states that the powers cannot encroach on each other and an official cannot hold an office in more than one branch of government simultaneously.

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Article 2

See also: Article II, Mississippi Constitution

Article 2, labeled "Boundaries of the State," had two sections, but now has only one after the state's voters repealed its first section in 1990. The remaining section of Article 2 states that the Mississippi State Legislature has the power to acquire additional territory and settle territorial disputes with other states.

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Article 3

See also: Article III, Mississippi Constitution

Article 3 of the Mississippi Constitution is entitled "Bill of Rights."

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Article 4

See also: Article IV, Mississippi Constitution

Article 4 is the longest article of the Mississippi Constitution, with 83 sections, two of which have been repealed. It is labeled "Legislative Department" and defines the rights, privileges, responsibilities and rules governing the Mississippi State Legislature.

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Article 5

See also: Article V, Mississippi Constitution

Article 5 of the Mississippi Constitution is entitled "Executive" and consists of 27 sections, one of which has been repealed.

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Article 6

See also: Article VI, Mississippi Constitution

Article 6 of the Mississippi Constitution is entitled "Judiciary" and consists of sections 144-177-A.

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Article 7

See also: Article VII, Mississippi Constitution

Article 7 of the Mississippi Constitution is entitled "Corporations" and consists of sections 178-200.

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Article 8

See also: Article VIII, Mississippi Constitution

Article 8 of the Mississippi Constitution is entitled "Education" and consists of sections 201-213-B.

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Article 9

See also: Article IX, Mississippi Constitution

Article 9 of the Mississippi Constitution is entitled "Militia" and consists of sections 214-222.

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Article 10

See also: Article X, Mississippi Constitution

Article 10 of the Mississippi Constitution is entitled "The Penitentiary and Prisons" and consists of sections 223-226.

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Article 11

See also: Article XI, Mississippi Constitution

Article 11 of the Mississippi Constitution is entitled "Levees" and consists of sections 227-239.

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Article 12

See also: Article XII, Mississippi Constitution

Article 12 of the Mississippi Constitution is entitled "Franchise" and consists of sections 240-253.

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Article 13

See also: Article XIII, Mississippi Constitution

Article 13 of the Mississippi Constitution is entitled "Apportionment" and consists of sections 254-256.

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Article 14

See also: Article XIV, Mississippi Constitution

Article 14 of the Mississippi Constitution is entitled "General Provisions" and consists of sections 257-272-A.

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Article 15

See also: Article XV, Mississippi Constitution

Article 15 of the Mississippi Constitution is entitled "Amendments to the Constitution" and consists of section 273-285.

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Amending the Missisippi constitution

See also: Article XV, Mississippi Constitution, Laws governing the initiative process in Mississippi and Amending state constitutions

Mississippi Constitution
Preamble
Articles
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The Mississippi Constitution provides two mechanisms for amending the state's constitution—a citizen-initiated process and a legislative process. Mississippi requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.

Initiative

See also: Initiated constitutional amendment

An indirect initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. There are two states – Massachusetts and Mississippi – that allow citizens to initiate indirect constitutional amendments.

While a direct initiated constitutional amendment is placed on the ballot once supporters file the required number of valid signatures, an indirect initiated constitutional amendment is first presented to the state legislature, which has various options depending on the state.

In Mississippi, the number of signatures required for an initiated constitutional amendment is equal to at least 12% of the total number of votes cast for governor in the last gubernatorial general election immediately preceding the signature deadline—not necessarily the gubernatorial election immediately preceding the targeted election date. A simple majority vote is required for voter approval.

Beginning with the day the sponsor receives the ballot title and summary, proponents have one year to circulate petitions and receive certification from the county circuit clerks. Signatures must be submitted to the secretary of state at least 90 days prior to the beginning of the regular session—which begins in the first week of January.

Once it is determined that proponents of a measure have collected enough signatures, the measure is filed with the Mississippi State Legislature on the first day of the legislative session. The legislature must act on the measure within four months of that date. The legislature may choose to adopt the measure by a majority vote in each house. Whether the legislature adopts or rejects the measure, the proposed amendment proceeds to the ballot. The legislature may also choose to approve an amended alternate version of the measure. In this case, both measures appear on the ballot together.

An initiative must receive a majority of the total votes cast for that particular initiative and must also receive more than 40% of the total votes cast in that election.

Note on Mississippi:

Mississippi has an initiated constitutional amendment process, including a signature distribution requirement based on five congressional districts. However, the requirements cannot be met, according to the Mississippi Supreme Court, because the state has four congressional districts following reapportionment in 2001. As a result, the process remains part of the state constitution but cannot be carried out in practice.

Legislature

See also: Legislatively referred constitutional amendment

A two-thirds (66.67%) vote is required during one legislative session for the Mississippi State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 77 votes in the Mississippi House of Representatives and 35 votes in the Mississippi State Senate, assuming no vacancies. The absolute number of those voting in favor must be equal to at least a majority of the members elected to each house. Amendments do not require the governor's signature to be referred to the ballot.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Mississippi SOS, "Mississippi Constitution" (HTML)
• Mississippi SOS, "Mississippi Constitution" (PDF)
• Mississippi History Now, "Constitutions of Mississippi"
• Mississippi History Now, "Mississippi Constitution of 1890"
• Mississippi History Now, "Mississippi Constitution of 1868"
• Mississippi History Now, "Mississippi Constitution of 1832"
• Mississippi History Now, "Mississippi Constitution of 1817"