Introduction to Mississippi State Government and Constitutional Frameworks

Evolution of Revenue Strategies in Mississippi

• In the 1990s, the state of Mississippi sought ways to increase revenue without placing additional financial burdens on low-income individuals.

• Tax increases on sales and income were deemed potentially damaging to residents who could least afford them.

• The state identified casino gambling as a solution to generate funding.

• Initial legislation mandated that casinos must be located on the water.

  • Early casinos were literally boats; for example, the Biloxi Belt required patrons to walk up a gangplank to enter the facility.

  • In the early years of the industry, machines accepted physical currency, such as individual $0.25$ coins, and paid out small jackpots in physical coins.

The Geography and Economic Impact of Gaming

• Legislation opened the entire Gulf Coast to casinos, spanning from Hancock County to Jackson County.

• The highest concentration of these coastal casinos is located in Gulfport and Biloxi.

• Gaming destinations on the Mississippi River include:

  • Natchez (which had two casinos for a period).

  • Vicksburg (which currently features approximately five).

  • Greenville.

  • Lula.

  • Tunica County.

• In the 1990s, Tunica County was statistically the poorest county in the United States of America. Due to its proximity to Memphis and the availability of cheap land, it was developed into a gaming hub comparable to Reno, Nevada.

• The Gulf Coast is comparable to Las Vegas in its gaming prominence.

• The top three biggest gaming destinations in the United States, in order, are:

  1. Las Vegas, Nevada

  2. Atlantic City, New Jersey

  3. Biloxi/Gulfport, Mississippi

• Despite the revenue, Mississippi remains statistically among the poorest states, suggesting that while casinos brought in revenue, they did not entirely fix systemic economic issues.

• Casinos served as a tool for job creation, requiring staffing for:

  • Construction projects during the building phase.

  • Dealers and croupiers.

  • Floor service staff and maintenance.

  • Restaurant and coffee shop employees.

  • Hotel management and hospitality roles.

  • Cocktail service.

• Island View in Gulfport serves as a specific example of a locally-owned establishment (by Mississippi residents), featuring two hotels and two casinos located on either side of US 90.

Comparative Success of Gaming Locations

• The Gulf Coast has been more successful than the Mississippi River for gaming tourism due to the presence of natural attractions.

  • Ship Island is noted as having the best beach in Mississippi and is accessible by boat from Gulfport and Biloxi.

• Casinos on the Mississippi River often suffer from "recirculating" money rather than bringing in out-of-state revenue.

  • Natchez primarily draws from Adams County and Concordia County.

  • Vicksburg benefits significantly from its location on I-12, attracting travelers moving East and West.

  • Tunica County has faced significant decline because Arkansas did not originally have legalized casino gambling; however, the presence of a racetrack across the river from downtown Memphis on the Arkansas side now draws potential Tunica patrons away.

• In New York, the casino Jake's 58 (located at Exit 58 on the Long Island Expressway) serves as an example of high saturation, often requiring thirty minutes just to find a parking space.

Moral and Social Dilemmas of Legalized Gambling

• Pastors and other critics argued that gambling rapidly separates vulnerable people from their money.

• Personal examples of the negative impact of gambling include:

  • Employees losing an entire weekly paycheck at a casino immediately after work.

  • Individuals with limited financial means spending significant portions of their income on lottery tickets (the "chase the dream" phenomenon).

• The state lottery was legalized with specific revenue allocation rules:

  • The first $80,000,000$ in revenue is dedicated to road repairs.

  • Any revenue exceeding $80,000,000$ in a single year is allocated to education.

• Casinos face a "saturation point" where too many establishments in one area lead to business closures. A casino in New Orleans near the French Quarter eventually shut down and moved elsewhere because a competitor was "cleaning their clocks."

Political Ideology and the Case of Mario Cuomo

• Legal and moral inconsistencies often appear in governance, illustrated by former New York Governor Mario Cuomo (father of Andrew Cuomo).

• During the late 1970s, crime rates led to public demand for the death penalty, which was supported by $78\%$ of New Yorkers in public opinion polls.

• New York had a limited death penalty statute (for those who murdered while serving a life sentence), but the state Supreme Court struck it down as unconstitutional.

• Cuomo, a Roman Catholic, invoked the Doctrine of the Seamless Garment to veto death penalty legislation passed by the state House (Democrats) and state Senate (Republicans).

  • The doctrine of the seamless garment dictates a "pro-life" stance in all matters: anti-abortion, anti-euthanasia (mercy killing), and anti-death penalty.

• The state legislature would repeatedly attempt to override the veto; the Senate would provide the necessary two-thirds vote, but House Democrats would intentionally fall one vote short to protect the Governor's veto while appearing to support the bill.

• Conversely, regarding abortion, Cuomo argued that the Church should stay out of political matters and that women have a right to control their own bodies, seemingly setting aside his religious morality in favor of political ideology.

  • Legal counter-arguments to the "right to control one's body" involve existing prohibitions on prostitution, illegal drug use, and suicide.

State Constitutions: The Rules of the Game

• State constitutions and political culture are distinct but work together to determine the political atmosphere of a state.

• A constitution serves as the "rule book" for government, outlining:

  • How the government is structured.

  • What powers the government possesses.

  • What powers the government is precluded from exercising.

• The state constitution is the supreme law of the state; it is the highest document in state code, second only to the Federal Constitution.

• State constitutions can grant residents more rights than the federal constitution provides.

  • For example, Colorado provides additional protections based on sexual identity that are not explicitly found in federal law.

• Constitutions provide a "roadmap of power":

  • Executive Branch: Establishes the office of the Governor, their four-year term, and specific duties.

  • Legislative Branch: Establishes a bicameral legislature (House of Representatives and Senate). Financial bills must originate in the lower house (House of Representatives).

Written vs. Unwritten Constitutions

• In the United States, constitutions are always written documents.

• Great Britain does not have a single written constitution; instead, it relies on a series of traditions with the power of constitutional law.

• Advantages of an unwritten constitution include flexibility during crises.

  • British law suggests Parliament should be elected at least every five years.

  • During World War II, the election planned for 1939 was postponed, and the next election did not occur until 1946 ($7$ years later) because of the necessity of the war effort against the Nazis.

Judicial Review and Civil Liberties

• Judicial Review: The power of the court to review statutes passed by the legislature and signed by the governor to determine if they align with the constitution. If a law is in conflict, judges may strike it down as unconstitutional and void.

• The court cannot engage in judicial review on its own; a lawsuit must be brought by an individual or entity, and the case must work its way up to the state Supreme Court.

• Example: The Voting Rights Act of 1965 contained a "pre-clearance requirement" necessitating federal review of changes to Southern voting laws. This was challenged in 2013 (Shelby County case), and the US Supreme Court struck down that specific portion of the law.

Four Goals of a Constitutional Document

1. A Well-Written Document: It must be clear and durable (e.g., the US Constitution has lasted from 1787 to the present).

2. Effective and Efficient Framework: It must allow government to operate logically and produce results for the people.

3. Protection of Civil Liberties: A state constitution can provide more protection than the federal standard but never less.

   • The Equal Rights Amendment (ERA) failed federal ratification (dying at 35 or 38 states depending on the timeline), but states like Vermont and Hawaii passed their own ERAs or ratified the federal one immediately.

4. Promotion of Stable Governance: It must provide consistency while allowing for limited direct democracy.

Direct Democracy and the Recall Process

• Direct Democracy: Systems where residents vote directly on laws rather than through representatives (e.g., historical New England town meetings).

• Recall: A public vote to remove an elected official from office before their term expires.

  • Process: Citizens gather a petition; if it reaches a specific number of signatures, the Secretary of State verifies them and places the recall on the ballot.

  • States with recall provisions include California and Wisconsin. Mississippi does not have a recall provision.

  • Criticism: Recall can lead to unstable governance where officials are too nervous to make difficult decisions, or it can be used as a partisan tactic (e.g., the attempt to remove Scott Walker in Wisconsin).

• Example: California (Gray Davis):

  • Governor Gray Davis faced a recall due to rolling blackouts (energy supply issues) and buying energy from Enron at inflated prices.

  • The ballot had two parts: 1. Should Davis be removed? 2. If removed, who should replace him?

  • Gray Davis was removed, and Arnold Schwarzenegger was elected to replace him.