Malcolm Rivera
The Mississippi Constitution is the primary organising law for the state of Mississippi, outlining the duties, powers, structures, and functions of the state government. Mississippi has had four constitutions, adopted in 1817, 1832, 1868, and 1890, with the most recent amendments occurring in 2020. The three main points of the current Mississippi Constitution are:
1. The government of Mississippi is divided into three distinct departments: legislative, executive, and judicial.
2. The Mississippi Supreme Court holds the judicial power of the state, with provisions outlining the number, qualifications, and terms of the judges.
3. The constitution includes provisions on voting, with past amendments designed to disenfranchise minority voters, and more recent amendments to uphold voting rights.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 4 |
| Current Constitution Adopted | November 1, 1890 |
| Number of Amendments | 123 |
| Number of Articles | 15 |
| Longest Article | Article 4, "Legislative Department" |
| Number of Sections in Article 4 | 83 |
| Number of Sections | 253 |
| Number of Supreme Court Judges | 9 |
| Number of Judges to Form a Quorum | 5 |
| Number of Districts in Each County | 5 |
| Number of Congressional Districts | 4 |
| Year Duelling Outlawed | 1832 |
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What You'll Learn
Mississippi's constitution has been amended 100+ times since 1890
Mississippi's current constitution was adopted in 1890, following the Reconstruction Period. It has been amended and updated over 100 times since then, with the most recent modification occurring in November 2020.
The Mississippi Constitution of 1890 enlarged the powers of the state government and was longer than the 1868 constitution it replaced. It originally contained 14 articles, but now has 15. The constitution is the primary organising law for the state, delineating the duties, powers, structures, and functions of the state government.
The constitution has faced criticism since its inception, and there have been legislative efforts to replace it, notably in the 1930s and 1950s. In 1957, Governor James P. Coleman called for the creation of a new constitution, but this was unsuccessful. Further attempts were made in the 1980s by a commission formed by former Governor Bill Waller, which included the Governor, Secretary of State, Attorney General, Auditor, and Treasurer.
The Mississippi Constitution has been amended to repeal and change various sections. For example, Sections 145-150 and 151 (until its repeal in 1914) discussed the number, qualifications, and terms of the Supreme Court's judges. Section 144 states that the judicial power of the state is vested in the Mississippi Supreme Court. Sections 241A, 243, and 244 were also repealed as they were designed to disenfranchise minority voters. Another example is Section 3, which stated the limits and boundaries of the state of Mississippi. It was repealed in 1990.
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The constitution outlines the government's three distinct divisions
The Mississippi Constitution is the primary organising law for the US state of Mississippi. It outlines the duties, powers, structures, and functions of the state government.
The executive, legislative, and judiciary branches are covered in Articles 5, 4, and 6 of the Mississippi Constitution, respectively. The legislative branch, for example, is defined in Article 4, with 83 sections, and outlines the rights, privileges, responsibilities, and rules governing the Mississippi State Legislature.
The Mississippi Constitution has been amended and updated many times since its adoption in 1890. The most recent amendments were approved by voters in 2020. Notably, the 1890 constitution included a poll tax and arbitrary literacy test for voting, which were designed to disenfranchise newly-enfranchised African Americans and some poor whites.
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Sections 145-150 discuss the Mississippi Supreme Court's judges
The Mississippi Constitution is the primary organising law for the US state of Mississippi, delineating the duties, powers, structures, and functions of the state government. Mississippi has had four constitutions since becoming a state, with the current one being adopted in 1890 and amended or updated 100 times since.
Sections 145-150 (and Section 151 until its repeal in 1914) discuss the Mississippi Supreme Court judges, including the number, qualifications, and terms of the judges. In an odd series of provisions, Section 145 states that the number of Supreme Court judges shall be three, with two forming a quorum. This was amended by Section 145A, which states that the number shall be six, with four forming a quorum. Section 145A further amends Section 145 by stating that three additional judges shall be selected, one for and from each of the Supreme Court districts, in the manner provided by Section 145. Section 145B further amends the previous two sections by stating that the Supreme Court shall consist of nine judges, with five forming a quorum. The additional judges are to be selected in the manner provided by Section 145A.
Each judge serves an elected eight-year term (Section 149). The Mississippi Constitution has faced various criticisms since its inception, particularly regarding its historical efforts to prevent African-American citizens from voting.
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Sections 240-253 cover voting matters
The Mississippi Constitution is the primary organising law for the state of Mississippi, delineating the duties, powers, structures, and functions of the state government. Mississippi has had four constitutions, adopted in 1817, 1832, 1868, and 1890. The current constitution, adopted in 1890, has been amended and updated over 100 times, with the most recent modification occurring in November 2020.
Sections 240-253 of the Mississippi Constitution cover voting matters. These sections are contained within Article 12, entitled "Franchise". While the content of these sections has not been shared publicly, we can infer from their location within Article 12 that they pertain specifically to voting rights and the franchise.
The Mississippi Constitution has been amended numerous times, with some sections being changed or repealed altogether. Sections 241A, 243, and 244, for example, were repealed as they were designed, in part, to disenfranchise minority voters. Section 241A required that a person be "of good moral character", Section 243 instituted a poll tax, and Section 244 established an educational qualification.
The constitution outlines the three distinct divisions of the Mississippi government: the executive, legislative, and judiciary. It also states that the powers of these branches cannot encroach on one another and that an official cannot hold an office in more than one branch of government simultaneously.
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The constitution outlaws duelling
Mississippi has had four constitutions, which were adopted in 1817, 1832, 1868, and 1890. The current Mississippi Constitution, which was adopted in 1890, has been amended and updated over 100 times since its adoption. The Mississippi Constitution is the primary organising law for the state, delineating the duties, powers, structures, and functions of the state government.
The 1832 Mississippi Constitution outlawed duelling, which was a common occurrence in the early 19th century in the United States. The new constitution required politicians to deliver an affirmation that they would not engage in a duel. This was likely influenced by the famous duel between Alexander Hamilton and Aaron Burr, which resulted in Hamilton's death.
The exact wording of the oath was:
> I do solemnly swear (or affirm, as the case may be) that I have not been engaged in a duel, by sending or accepting a challenge to fight a duel, or by fighting a duel since the first day of January, in the year of our Lord one thousand eight hundred and thirty-three, nor will I be so engaged during my continuance in office. So help me God.
This measure was necessary to prevent the evil practice of duelling, which was a significant issue at the time. The constitution gave the legislature the power to pass laws to prevent duelling and required officers to take an oath that they had not engaged in the practice. This was a significant step in the effort to eradicate duelling from Mississippi and the United States as a whole.
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Frequently asked questions
The Mississippi Constitution outlines the duties, powers, structures, and functions of the state government. It establishes three distinct branches of government: the executive, legislative, and judiciary. It also sets out the rights and responsibilities of Mississippi citizens, including voting requirements and restrictions.
The current Mississippi Constitution, adopted in 1890, has been amended over 100 times, with the most recent amendment occurring in 2020.
A notable amendment occurred in 1990 when voters repealed Section 3, which outlined the state's limits and boundaries. Sections related to voting have also been amended or repealed due to their discriminatory nature, such as the poll tax and literacy tests instituted in 1890 to disenfranchise African Americans.
The Mississippi Constitution consists of 15 articles, including "Legislative Department" (Article 4), "Executive" (Article 5), "Judiciary" (Article 6), "Corporations" (Article 7), "Education" (Article 8), and "Militia" (Article 9).
Mississippi has had four constitutions, adopted in 1817, 1832, 1868, and 1890, with the current one being the longest-standing. The state's history of racist voting restrictions and its efforts to suppress the vote of African Americans have made its constitutions notable and the subject of legal challenges.
