Simone Lawson
Mississippi's 1890 constitution was created, approved, and ratified to disenfranchise, isolate, and marginalize the state's African American population. The constitution imposed a poll tax and literacy tests for voting, which were designed to disenfranchise newly-enfranchised African Americans and some poor whites. The Mississippi Plan, devised by the Democratic Party, aimed to overthrow the Republican Party in Mississippi through organized threats of violence and voter suppression against African American citizens. The constitution also included a disenfranchisement clause, which took away the right to vote for life upon conviction for several low-level crimes.
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Literacy tests
On November 1, 1890, Mississippi adopted a new constitution that included a poll tax and arbitrary literacy tests for voting. These measures were designed to disenfranchise newly enfranchised African Americans and some poor whites, marking a victory for voter suppression and dealing a blow to Mississippi's Reconstruction efforts.
The literacy tests were a tool used to arbitrarily deny African Americans their right to vote. Registrars could choose which section of the Mississippi constitution an applicant had to write and interpret. A white applicant might be given a simple task, such as copying and interpreting Article 12, Section 240: "All elections by the people shall be by ballot." In contrast, a Black applicant might be assigned a complex section filled with legalese and convoluted sentences, such as Article 7, Section 182.
The literacy tests were part of a broader effort by the 1890 Mississippi Constitutional Convention, which was convened with the explicit purpose of eliminating African Americans from politics. This convention crafted legal language around racism and the conditions perpetuated by slavery, resulting in measures like poll taxes and literacy tests that targeted the lack of wealth and education among African Americans.
The Mississippi Supreme Court acknowledged the racist nature of these disenfranchising crimes in an 1896 case, noting that the convention discriminated against the characteristics and offenses attributed to African Americans. Despite this recognition, it was not until the Civil Rights Movement of the 1960s that most of the racist sections of Mississippi's 1890 constitution were erased.
The legacy of Mississippi's Jim Crow Laws and voter suppression tactics continues to impact Black voters today. While some progress has been made, with bills aiming to reinstate voting rights for those convicted of nonviolent offenses, these efforts have faced resistance and rejection.
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Poll taxes
The poll tax in Mississippi was part of a broader trend in the South following the Reconstruction Era, when states imposed laws that restricted the civil liberties of African Americans. The tax was often paired with a grandfather clause, allowing adult males whose father or grandfather had voted in a specific year before the abolition of slavery to vote without paying the tax. This had a discriminatory effect, as it excluded many African Americans, Asian Americans, Native Americans, and poor whites from voting due to their disproportionate levels of poverty.
The Mississippi poll tax was ruled unconstitutional by a federal panel on April 8, 1966, the last of the poll taxes in the South to fall. This followed the Twenty-fourth Amendment to the United States Constitution, ratified on January 23, 1964, which prohibited Congress and the states from imposing poll taxes for federal elections. The Voting Rights Act of 1965 further eliminated poll taxes in all elections, enforcing the end of their use as a tool of disenfranchisement.
The use of poll taxes as a means of disenfranchisement in Mississippi and other Southern states was a direct response to the extension of voting rights to all races through the Fifteenth Amendment. The taxes were crafted to avoid federal scrutiny, and their discriminatory intent was often disguised. Despite this, the poll taxes had a significant impact on restricting voting rights, particularly for African Americans and other racial minorities, in the South.
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Felony disenfranchisement
Mississippi's 1890 constitution imposed a lifetime voting ban on people convicted of various offences, including arson, forgery, and bigamy. This "felony disenfranchisement" was explicitly designed to suppress the Black vote, with the 1890 drafters believing that Black people would be more likely to commit certain crimes. As a result, approximately 55,000 Mississippians, six out of ten of whom are Black, have lost their right to vote due to felony disenfranchisement over the past 30 years.
The Mississippi Constitution's felony disenfranchisement clause, Section 241, has been expanded and interpreted to cover 102 crimes, including many non-violent offences. This has led to thousands of Mississippians losing their right to vote, even after completing their felony sentences. While there have been efforts to overturn the state's disenfranchisement law, these have been rejected by the U.S. Supreme Court.
The impact of felony disenfranchisement in Mississippi extends beyond the loss of voting rights for individuals. It also has significant implications for the state's political landscape. With a disproportionate number of Black citizens affected by the law, the political power of the Black community has been diminished. This was the explicit intention of the 1890 drafters, who sought to reduce the political influence of Black Mississippians.
The legacy of felony disenfranchisement in Mississippi is a reminder of the state's history of racial discrimination and the ongoing struggle for civil rights. While most of the racist sections of the 1890 constitution were erased by the Civil Rights Movement of the 1960s, felony disenfranchisement remains a barrier to voting rights for thousands of citizens, particularly those from minority communities.
While some efforts have been made to clarify and restore voting rights, such as the bill passed by the Mississippi House of Representatives in 2022, these attempts have faced vetoes and legal challenges. The issue of felony disenfranchisement in Mississippi highlights the complex interplay between historical racism, voting rights, and the ongoing struggle for equal political representation.
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Racist intent
The Mississippi Constitution of 1890 was adopted to disenfranchise, isolate, and marginalize the state's African American population. The constitution was created, approved, and ratified by a constitutional convention composed almost entirely of white Democrats, without seeking approval from the people of the state. The convention was held for "no other purpose than to eliminate the [n-word] from politics".
The constitution introduced a poll tax and arbitrary literacy tests for voting, which were designed to disenfranchise newly-enfranchised African Americans and some poor whites. The poll tax, which was to be paid by male voters, was set at two dollars, to take effect from January 1, 1892. The literacy tests were to be administered by a state registrar, who would be white and politically appointed by Democrats. The registrars would deny any potential African American voter by rejecting their answers as erroneous, regardless of whether they were correct.
The Mississippi Constitution also included a disenfranchisement clause, which took away the right to vote upon conviction for several low-level crimes, such as theft and bribery, that the 1890 drafters believed would be committed mostly by Black people. The disenfranchisement clause has since been expanded and interpreted to cover 102 crimes.
The effects of the Mississippi Constitution were profound. In 1890, there were 70,000 more African American voters in Mississippi than white voters. By 1892, that number had dropped to 8,615 black voters out of 76,742 eligible voters. The constitution brought an end to the period of democratic progress that followed the Civil War, when African Americans were the majority of eligible voters in Mississippi.
The racist intent of the Mississippi Constitution was recognized by the Mississippi Supreme Court in an 1896 case, which noted that the choice of disenfranchising crimes was racist. Justice Ketanji Brown Jackson also rebuked the law’s racist intent in her 2023 dissent, stating that it contained "the most toxic of substances".
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Voter suppression
One method of disenfranchisement was the imposition of a poll tax, which required male voters to pay a fee before being allowed to vote. This tax was set at two dollars and took effect on January 1, 1892. Poll taxes were a financial burden that disproportionately affected African Americans and poor whites, making it difficult for them to participate in elections.
Another tactic employed was the use of arbitrary literacy tests. The 1890 constitution included a provision requiring voters to be able to read and interpret sections of the state constitution. While this requirement may seem reasonable on the surface, it was often applied in a discriminatory manner. The intent was for a white, politically appointed state registrar to deny African American voters by rejecting their answers to the literacy test, regardless of their accuracy.
In addition to the poll tax and literacy tests, the Mississippi constitution also included a disenfranchisement clause that took away the right to vote upon conviction for several low-level crimes, such as theft and bribery. This clause, known as felony disenfranchisement, has been criticized for its racist intent, as it targeted offenses that the drafters believed would be mostly committed by African Americans.
The impact of these voter suppression tactics was significant. In 1890, there were 70,000 more African American voters in Mississippi than white voters. However, by 1892, the number of African American voters had dropped drastically, with only 8,615 out of 76,742 eligible voters being African American. The disenfranchisement of African Americans in Mississippi was further enforced through terrorist violence, fraud, and intimidation at the polls. White paramilitary organizations, such as the Red Shirts, used violence and economic coercion to deter African Americans from voting and to reverse Republican strength in the state.
Despite the progress made during the Civil Rights Movement of the 1960s, the legacy of voter suppression in Mississippi continues to have an impact today. While many racist sections of the 1890 constitution have been erased, felony disenfranchisement remains in place, and efforts to overturn it have been rejected by the U.S. Supreme Court. Voter suppression remains a contemporary issue, with activists continuing to fight for the voting rights of all U.S. residents.
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Frequently asked questions
The Mississippi Plan was a two-step strategy devised by the Democratic Party to overthrow the Republican Party in Mississippi. The first step was to persuade white Republicans to vote with the Democratic Party. The second step was to intimidate freedmen and their families.
The Mississippi Constitution of 1890 was created to disenfranchise, isolate, and marginalize the state's African American population. It was also used to end election violence and ensure that freedmen were excluded from politics.
The Mississippi Constitution of 1890 imposed a poll tax and arbitrary literacy tests for voting, which were designed to disenfranchise African Americans and some poor whites. It also included a disenfranchisement clause, which took away the right to vote upon conviction for several low-level crimes.
The Mississippi Constitution of 1890 was very successful in disenfranchising African Americans. In 1890, there were 70,000 more African American voters in Mississippi than white voters. By 1892, that number had dropped to only 8,615 black voters out of 76,742 eligible voters.
The Mississippi Constitution of 1890 continues to have an impact today, with one part of the plan still stalking Black voters. Over the past 30 years, approximately 55,000 Mississippians have lost their right to vote due to felony disenfranchisement, with about six out of 10 being Black.
