Malcolm Rivera
The Mississippi Constitution, which was adopted in 1890, has been amended over 100 times. The most recent amendments, of which there are two, were approved by voters in 2020. Mississippi's constitution has a long history, with its first constitution being adopted in 1868 after the American Civil War to ban slavery and bestow freedoms and civil rights upon newly freed slaves. The current constitution, however, was used as a tool to disenfranchise African-American voters, setting a precedent for other Southern states to follow.
| Characteristics | Values |
|---|---|
| Current Mississippi Constitution | Adopted in 1890 |
| Number of Amendments | 123 |
| Amendments from 1890-2009 | 119 |
| Amendments from 2010-2023 | 4 |
| Amendments in 2020 | 2 |
| Amendment Process | Citizen-initiated process and Legislative process |
Explore related products
![Mississippi's constitution and statutes in reference to freedmen and their alleged relation to the reconstruction acts and war amendments / by A.H. Stone. 1901 [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
What You'll Learn
- The Mississippi Constitution of 1890 was amended to disenfranchise African-American voters
- The 1868 Mississippi Constitution was the first to ban slavery
- The Mississippi Constitution has been amended 123 times
- The Mississippi Constitution can be amended via citizen-initiated or legislative processes
- The 1976 amendment to Section 168 changed the style of all processes to The State of Mississippi
The Mississippi Constitution of 1890 was amended to disenfranchise African-American voters
The 1890 Mississippi Constitution was not the first time the state had amended its constitution to disenfranchise African Americans. Following the Civil War, the 13th, 14th, and 15th Amendments to the U.S. Constitution were ratified to outlaw slavery and protect the right of African Americans to vote. However, Mississippi, like other Southern states, found loopholes in these amendments to circumvent their intent. For example, while the 15th Amendment stated that the right to vote could not be denied based on "race, color, or previous condition of servitude," Southern states enacted literacy tests and poll taxes, claiming they were race-neutral measures.
The Mississippi Constitution of 1890 was a more explicit attempt to disenfranchise African Americans, and it faced legal challenges. In 1898, the U.S. Supreme Court upheld Mississippi's poll tax, disenfranchising clauses, grandfather clauses, and literacy tests in the Williams v. Mississippi ruling, finding that the new constitution did not discriminate between the races. It wasn't until 1946 that Black voters participated in the Mississippi Democratic primary, and legislative efforts to replace the 1890 constitution have been unsuccessful as of 2021.
As of 2023, the Mississippi Constitution has been amended over 100 times since its adoption in 1890, with voters approving four additional amendments between 2010 and 2023. The most recent amendments were approved by voters in 2020, bringing the total number of amendments to 123.
Amending the Constitution: Understanding the Process
You may want to see also
The 1868 Mississippi Constitution was the first to ban slavery
The 1868 Mississippi Constitution stated: "There shall be neither slavery nor involuntary servitude in this State, otherwise than in the punishment of crime, whereof the party shall have been duly convicted. — Section 19, Article 1, Mississippi Constitution of 1868 (May 15, 1868)". This was a significant shift from the previous state constitutions, which had legalised slavery. The 1832 state constitution, for example, restricted the right to vote and hold office to white men only, effectively prohibiting African Americans and women from participating in the political process.
The 1868 Mississippi Constitution was replaced by the 1890 Constitution, which was created and approved by a convention without popular consent. The 1890 Constitution enlarged the powers of the state government and was longer than its predecessor. Notably, the convention that created the 1890 Constitution consisted of 134 delegates, of whom 133 were white, despite Mississippi's population being nearly 58% African American at the time. This new constitution was part of a broader effort by Southern U.S. states to disenfranchise and marginalize African-American voters through new constitutions, such as in South Carolina in 1895.
The current Mississippi Constitution, which was adopted in 1890, has been amended numerous times. Between 1890 and 2009, there were 119 amendments, and from 2010 to 2023, voters approved four additional amendments. In total, as of 2021, the 1890 Constitution has had over 100 modifications and amendments, with efforts to replace it entirely proving unsuccessful thus far.
Tillis' Amendment: Constitutional Reform
You may want to see also
The Mississippi Constitution has been amended 123 times
The Mississippi Constitution, which was ratified in 1890, has been amended 123 times as of 2020. The Mississippi Constitution of 1890 replaced the 1868 constitution, which had been adopted and ratified following the end of the American Civil War to grant freedoms and civil rights to newly freed slaves. The 1890 constitution enlarged the powers of the state government and was longer than the 1868 constitution, which it superseded.
The 1868 constitution was Mississippi's first constitution to ban slavery across the state, stating: "There shall be neither slavery nor involuntary servitude in this State, otherwise than in the punishment of crime, whereof the party shall have been duly convicted. — Section 19, Article 1, Mississippi Constitution of 1868 (May 15, 1868)." This was a direct result of the Thirteenth Amendment, which outlawed slavery across the United States following the Union's victory in the Civil War.
The 1890 Mississippi Constitution, on the other hand, was created with the intention of disenfranchising and marginalizing African-American voters. The convention that created it consisted of 134 delegates, 133 of whom were white, despite the state's population being nearly 58% African American. The only Black delegate, Isaiah Montgomery, supported the Democrats' desires for total African-American voter disenfranchisement.
The Mississippi Constitution has been amended numerous times since its inception, with over 100 modifications made as of the 1950s. Notably, there were legislative attempts to replace the 1890 constitution in the 1930s and 1950s, but these proved unsuccessful. The most recent amendments to the Mississippi Constitution were approved by voters in 2020, bringing the total number of amendments to 123.
The Mississippi Constitution can be amended through two methods: a legislatively referred constitutional amendment or a citizen-initiated constitutional amendment. Both methods require voter approval, with Mississippi being one of only two states that allow citizens to initiate indirect constitutional amendments.
The Constitution: Amendments, a Rare Occurrence
You may want to see also
Explore related products
![Constitution of the State of Mississippi, adopted November 1, 1890 1891 [Hardcover]](https://m.media-amazon.com/images/I/51nCrMwcpSL._AC_UY218_.jpg)
The Mississippi Constitution can be amended via citizen-initiated or legislative processes
The Mississippi Constitution, which was ratified in 1890, has been amended over 100 times since its adoption. The most recent amendments were approved by voters in 2020. The Mississippi Constitution can be amended via citizen-initiated or legislative processes.
The Mississippi Constitution provides two mechanisms for amending the state's constitution: a citizen-initiated process and a legislative process. Both processes require voter approval. Mississippi is one of only two states that allow citizens to initiate indirect constitutional amendments. This process requires supporters to file the required number of valid signatures to get an initiative on the ballot. However, the Mississippi Supreme Court has ruled that the signature distribution requirement cannot be met because the state has four congressional districts instead of the required five. As a result, while the process remains part of the state constitution, it cannot be carried out in practice.
The legislative process for amending the Mississippi Constitution involves a legislatively referred constitutional amendment. This process allows the state legislature to refer proposed amendments to the voters for approval. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.
The Mississippi Constitution has a history of amendments that disenfranchised African-American voters. The 1890 constitution, which replaced the 1868 constitution, enlarged the powers of the state government and was used to disenfranchise African Americans. This was despite the fact that Mississippi had previously elected African Americans to public office following the ratification of the 15th Amendment to the US Constitution in 1870. The 1890 constitution set a precedent for other Southern states, which adopted similar voter-suppression statutes.
Efforts have been made to replace the 1890 constitution, notably in the 1930s and 1950s, but these attempts have been unsuccessful as of 2021. The current Mississippi Constitution continues to be amended, with the most recent amendments approved by voters in 2020.
Amendments and Human Rights: Exploring Constitutional Similarities
You may want to see also
The 1976 amendment to Section 168 changed the style of all processes to The State of Mississippi
The Mississippi Constitution, which was adopted in 1890, has been amended over 100 times since then. The most recent amendments were approved by voters in 2020. The Mississippi Constitution can be amended through a legislatively referred constitutional amendment or a citizen-initiated constitutional amendment, with both requiring voter approval.
One notable amendment occurred in 1976, when Section 168 was modified. This amendment pertained to the style of all processes, which were changed to "The State of Mississippi." This change was proposed by Laws 1976, ch. 616, Senate Concurrent Resolution No. 548, and it was ratified by the electorate on November 2, 1976. Subsequently, on December 8, 1976, the amendment was officially incorporated into the constitution through a proclamation issued by the Secretary of State.
Section 168 of the Mississippi Constitution primarily addresses the clerks of court. It outlines the process for appointing the clerk of the Supreme Court, specifying that the Supreme Court will make this appointment in the manner and for the term prescribed by the Legislature. Additionally, it mentions that the clerks of the circuit court and chancery court in each county will be selected according to the procedure established by law and will hold office for a term of four years.
The 1976 amendment to Section 168 specifically focused on the style of all processes, altering it to "The State of Mississippi." This change ensured uniformity in the representation of the state's name across all legal processes, prosecutions, and indictments. It emphasized the authority of the state in legal matters and reinforced the state's presence in the judicial process.
The Mississippi Constitution's Article 15, titled "Amendments to the Constitution," outlines the procedures for modifying the constitution. It empowers the citizens of Mississippi to propose and enact changes to their governing document. This article consists of sections 273-285 and details the mechanisms for citizen-initiated amendments and legislative amendments. It is worth noting that Mississippi is one of only two states that permit citizens to initiate indirect constitutional amendments.
Understanding the Fifth Amendment's Meaning and Its Impact
You may want to see also
Frequently asked questions
As of 2020, the Mississippi Constitution has been amended 123 times.
119 amendments were made to the Mississippi Constitution between 1890 and 2009.
There have been several attempts to replace the Mississippi Constitution, notably in the 1930s and 1950s, but all have been unsuccessful as of 2021.
The Mississippi Constitution of 1890 was created to disenfranchise and marginalize African-American voters.
The Mississippi Constitution of 1868 was the state's first constitution to ban slavery.
