Constitution of the State of Mississippi, 1890

  • Constitution of the State of Mississippi, 1890:
    • Annotated and updated as of May 2022.
  • Preamble:
    • Expresses gratitude to Almighty God and invokes His blessing.
  • Article 1: Distribution of Powers:
    • Section 1: Divides government powers into legislative, judicial, and executive branches.
    • Section 2: Prevents any one branch from exercising power belonging to another; acceptance of office in one branch vacates offices in other branches.
  • Article 2: Boundaries of the State:
    • Section 3: Repealed in 1990; formerly defined state boundaries.
    • Section 4: Grants the Legislature power to acquire additional territory and settle boundary disputes with coterminous states.
  • Article 3: Bill of Rights:
    • Section 5: All political power is vested in the people.
    • Section 6: The people have the right to alter or abolish their form of government, provided it aligns with the U.S. Constitution.
    • Section 7: Secession from the Federal Union is prohibited.
    • Section 8: Declares U.S. citizens resident in Mississippi as citizens of the state.
    • Section 9: Subordinates the military to civil power.
    • Section 10: Defines treason and requires testimony of two witnesses or confession in open court for conviction.
    • Section 11: Guarantees the right to peaceful assembly and petition.
    • Section 12: Affirms the right to bear arms but allows legislative regulation of concealed weapons.
    • Section 12A: Establishes the right to hunt, fish, and harvest wildlife, subject to conservation laws, while clarifying it does not modify laws related to trespass, property rights, commercial activities, or levee maintenance.
    • Section 13: Guarantees freedom of speech and press; in libel cases, truth is a defense if published with good motives and justifiable ends.
    • Section 14: Ensures no person shall be deprived of life, liberty, or property without due process of law.
    • Section 15: Prohibits slavery and involuntary servitude except as punishment for crime.
    • Section 16: Prohibits ex post facto laws or laws impairing the obligation of contracts.
    • Section 17: Requires due compensation for taking private property for public use and establishes judicial review over whether the use is truly public.
    • Section 17A: Restricts the transfer of property acquired through eminent domain to private interests for ten years, with exceptions for public utilities, nuisance removal, uninhabitable structures, abandoned property, and threats to public health/safety.
    • Section 18: Guarantees freedom of religion, prohibiting religious tests for office or preferential treatment of any sect, but does not justify licentiousness or exclude the Bible from public schools.
    • Section 19: Repealed; formerly prohibited dueling.
    • Section 20: Prohibits lifetime appointments to office, requiring specified terms.
    • Section 21: Protects the writ of habeas corpus, allowing suspension only in cases of rebellion or invasion when public safety requires it and with legislative authority.
    • Section 22: Prevents double jeopardy, requiring an actual acquittal or conviction on the merits to bar another prosecution for the same offense.
    • Section 23: Protects against unreasonable searches and seizures, requiring probable cause and specific warrants.
    • Section 24: Ensures open courts and a remedy for injury.
    • Section 25: Guarantees access to courts to prosecute or defend civil causes, personally or with counsel.
    • Section 26: Enshrines rights of the accused, including the right to counsel, to demand the nature and cause of accusation, to confront witnesses, to obtain witnesses, and to a speedy and public trial; allows a state grand jury for drug-related offenses across multiple circuit court districts.
    • Section 26A: Grants victims’ rights to fairness, dignity, and respect during the criminal justice process; rights are implemented and protected by the Legislature.
    • Section 27: Regulates criminal proceedings by indictment or information, allowing information only in specific cases (military, misdemeanor in office, waiver of indictment).
    • Section 28: Prohibits cruel or unusual punishment and excessive fines.
    • Section 29: Regulates bail, allowing denial or revocation under certain conditions (capital offenses, felonies committed while on bail).
    • Section 30: Prohibits imprisonment for debt.
    • Section 31: Preserves the right to trial by jury while allowing verdicts with agreement from nine or more jurors in civil suits.
    • Section 32: States the enumeration of rights does not deny or impair other rights retained by the people.
  • Article 4: Legislative Department:
    • Section 33: Establishes the legislative power in a Legislature consisting of a Senate and House of Representatives.
    • Section 34: The House of Representatives members are elected every four years.
    • Section 35: The Senate members are elected every four years.
    • Section 36: Legislature regular session convene annually and sets a cap on days in session.
    • Section 37: Specifies that elections for members of the Legislature will be held as provided by law.
    • Section 38: Each house elects its own officers and judges, qualifications, and return and election of its own members.
    • Section 39: The Senate chooses a President pro tempore to act in absence.
    • Section 40: Legislatures take an oath in order to discharge duties.
    • Section 41: Qualifications to House of Representatives include age (21), qualified elector, residency (4 yrs) . Removal from the district they represent vacates their seat.
    • Section 42: Qualifications of Senators: 25 years of age, elector of the State for 4 years, and resident of Territory represented for 2 years.
    • Section 43: People who have public monies unaccounted for not eligible for a Legislature seat.
    • Section 44: Ineligibility to serve if convicted of certain crimes (bribery, perjury).
    • Section 45: Provides rules for salaries.
    • Section 46: Sets guidelines for Legislators salaries.
    • Section 47: States rewards or fees are prohibited.
    • Section 48: Provides limited immunity from arrest for legislators.
    • Section 49: The House of Representatives shall have the sole power of impeachment and the Senate tries impeachments.
    • Section 50: Outlines grounds for impeachment.
    • Section 51: Details extent of judgement impeachment cases.
    • Section 52: Provides info on who is to preside in impeachment proceedings.
    • Section 53: Specifies what the process is for removal of judges from a court.
    • Section 54: Establishes that a Majority of each house requires a quorum to do business.
    • Section 55: Specifies what rules each house can create.
    • Section 56: States the style of the laws.
    • Section 57: Governs adjourning and meeting place.
    • Section 58: States an open door policy, except during cases of secrecy.
    • Section 59: Provides an overview of how bills and amendments are introduced and passed.
    • Section 60: Governs amending bills and orders, votes and resolutions.
    • Section 61: Requires laws revived or amended to be inserted at length.
    • Section 62: Sets the voting requirements for amendments.
    • Section 63: States that appropriation bills must fix maximum sum.
    • Section 64: Sets the time limit and voting requirements for appropriations.
    • Section 65: Establishes the power to reconsider votes.
    • Section 66: Places constraints on acts of donation or gratuity.
    • Section 67: Establishes time limits for introducing new bills.
    • Section 68: Sets precedence for appropriation bills.
    • Section 69: Specifies what appropriation bills should contain.
    • Section 70: States that assessments of property for taxation must become law.
    • Section 71: The title of bill should indicate subject, each committee shall express judgement of title sufficiency.
    • Section 72: States the process for passing a bill. The Governor approves, and if they do not, they must return it with objections to the House it originated in.
    • Section 73: The Governor is empowered to veto parts of any appropriation bill.
    • Section 74: The legislature passes a bill to become a law. It must be referred to a committed in each House after a written recommendation.
    • Section 75: States laws of general nature should not be enforced unless otherwise provided until 60 days after passage.
    • Section 76: The Legislatures power is voted viva voce the vote should be entered on the journals.
    • Section 77: Governor shall issue write of elections to fill vacancies.
    • Section 78: Requires the Legislature to regulate deductions from public officer salaries for neglect of duty.
    • Section 79: Mandates legislative provision for the sale of delinquent tax lands and ensures a right of redemption.
    • Section 80: Directs the enactment of general laws to prevent abuse of power by municipalities.
    • Section 81: Forbids authorization of permanent obstruction of navigable waters but allows for certain constructions like drawbridges and mineral exploration facilities.
    • Section 82: Requires the Legislature to set the penalty amount for all official bonds and may allow guarantee companies to provide security.
    • Section 83: Mandates laws ensuring fire safety in public places like hotels and theaters.
    • Section 84: Calls for laws to limit nonresident aliens' and corporations' land acquisition.
    • Section 85: Directs general law provision for public road work, either by contract or county prisoners.
    • Section 86: Sets the duty for the Legislature to provide for the treatment and care of mentally ill individual and the indigent sick in hospitals.
    • Section 87: Restricts special or local laws that benefit individuals or corporations, primarily in cases that can be provided through the use of a general law.
    • Section 88: The Legislature is to pass general laws, cities and towns, and corps can be protected.
    • Section 89: Specifies how the requirements must be followed in order to pass through special, local, and private legislation.
    • Section 90: The Legistature may not pass local, private, or special laws in any of theses cases, but should be provided for by general laws.
    • Section 91: Forbids enacting laws that increase uniform charges for deed registration or regulate officer fees in only some counties.
    • Section 92: Prohibits paying a deceased officer's salary beyond their death date.
    • Section 93: Bans retiring officers with pay or granting benefits to retiring officers.
    • Section 94: Abolishes legal distinctions based on gender in property rights and contracts but allows regulation of contracts between spouses and homestead sales.
    • Section 95: Prohibits donating state lands to private entities but allows rights-of-way to railroads.
    • Section 96: Bans extra compensation to public servants after service or unauthorized contract payments.
    • Section 97: Prevents reviving remedies barred by time or statute of limitations.
    • Section 98: Repealed provision banning lotteries. Laws, 1992, ch. 713, eff. December 8, 1992.
    • Section 99: Restricts legislative elections to its own officers and the State Librarian.
    • Section 100: Forbids remission, release, or diminishment of any obligation to the state or its subdivisions, except through payment.
    • Section 101: Designates Jackson as the state's seat of government, which cannot be moved without a majority vote from electors.
    • Section 102: Sets general elections for state and county officer every four years. Electors are privileged from arrest during elections.
    • Section 103: Authorize the legislature to determine the mode of filling all vacancies.
    • Section 104: States that the statutes of limitation does not run against the state in civil causes.
    • Section 105: Repealed by Laws, 1977, ch. 586, eff December 22, 1978.
    • Section 106: Outlines guidelines for State Librarian.
    • Section 107: Requires contracts for government supplies and legislative maintenance to be awarded to the lowest responsible bidder, without legislative or departmental interest.
    • Section 108: Ceases official salary for when their duties are removed.
    • Section 109: Restricts the involvement of officers and lawmakers in state contracts due to conflicts of interest.
    • Section 110: The Legislature may provide general law to condemn rights of way for private use.
    • Section 111: In sale of land, first offered in subdivisions not exceeding one-quarter section.
    • Section 112: Taxation shall be uniform and equal throughout the State.
    • Section 113: The auditor shall have a statement of money expended at session.
    • Section 114: Election returns shall be made to the Secretary of State.
    • Section 115: Report of transactions.
  • Article 5: Executive:
    • Section 116: Vests executive power in a Governor, sets a four year term limit, and limits reelection.
    • Section 117: Establishes age (30) and residency qualifications for Governor.
    • Section 118: Requires the Governor receive a salary fixed by law, which is to remain unchanged throughout the term.
    • Section 119: The governor is the commander-in-chief of military and militia.
    • Section 120: The governor requires info in writing from people in the executive departments.
    • Section 121: The governor can convene the Legislature in extraordinary session when required.
    • Section 122: Requires the governor to inform the Legislature on the state and recommend measures.
    • Section 123: The governor shall see that laws are faithfully executed.
    • Section 124: Power to grant reprieves and pardons is with the governor.
    • Section 125: Governs suspending State and county treasurers.
    • Section 126: Seal of the state, kept by Governor.
    • Section 127: Requirements for commissions.
    • Section 128: Sets what the term of office is for Lieutenant Governor and qualifications required.
    • Section 129: States the powers of duties of Lieutenant Governor, acting as president of Senate and casting the vote in case of a tie.
    • Section 130: The Lieutenant Governor shall receive the same compensation as the speaker of the House of Representatives.
    • Section 131: Procedure for vacancy in office of governor.
    • Section 132: State how to deal with contesting the Lieutenant Governors seat.
    • Section 133: Requirements and duties performed by the Secretary of State.
    • Section 134: State Treasurer shall have same qualifications, duties, and terms as the Secretary of State.
    • Section 135: Term set for the sheriff, coroner, asessor, tax collector, and surveyor for each county.
    • Section 136: Officer holds their office during selected office, unless removed.
    • Section 137: Repealed section regarding State Treasure.
    • Section 138: The sheriffs, coroners, assessors, surveyors, and clerks must be selected upon manner prescribed in law for each county.
    • Section 139: Legislature may empower the Governor to remove or appoint officers when prescribed by the law.
    • Section 140: The gubernatorial elections are held in November. A Governor is to be elected by the people.
    • Section 141: Repealed, provided procedures for how the House of Representatives to choose the Governor from those two candidates receiving the most popular votes.
    • Section 142: Repealed, stating that the Legislators could not receive certain appointments from the Governor if the Governor had been elected by the House of Representatives.
    • Section 143: Repealed, provided that all other state officers will be elected at the same time, and same manner as provided for election of Governor.
  • Article 6: Judiciary:
    • Section 144: Vests judicial power in a Supreme Court and other courts within the Constitution.
    • Section 145: Three judges will manage Supreme Court.
    • Section 145A: Consists of six judges.
    • Section 145B: Consists of nine judges.
    • Section 146: Has such jurisdiction as properly belongs to a court of appeals. The supreme court can have original or appellate jurisdiction. Shall consider cases of utility rates expeditiously.
    • Section 147: Judgement in circuit/ chancery court may not be reversed without jurisdiction to render judgement, but may be remanded as needed.
    • Section 148: Supreme Court held twice each year.
    • Section 149: Judges term of office for Supreme Court is eight years.
    • Section 149A: Supreme Court shall have power to sit in two divisions consisting of three judges. Each division shall have the full power to adjudge cases assigned to it by the court.
    • Section 150: Eligibility of requirements for Supreme Court judges.
    • Section 151: Repealed.
    • Section 152: Legislature shall divide state into court districts.
    • Section 153: Specifies the election and terms for circuit and chancery court judges.
    • Section 154: Specifies what qualifications someone needs to serve as Circuit or Chancery Court judge.
    • Section 155: Mandates an oath or affirmation from the judges of the several court of Mississippi.
    • Section 156: All civil and criminal matter jurisdiction will pass to circuit court.
    • Section 157: If case is brough to the circuit court when it should be the chancery court, it is transfered to the chancery court.
    • Section 158: A circuit court shall be held in each county at least twice a year, interchanging circuits.
    • Section 159: Chancery court has matters of equity, divorce, minor business, etc.
    • Section 160: Chancery court may use jurisdiction to grant relief if sought after.
    • Section 161: Chancery court uses jurisdition concurrent with court of suits and bonds and public suits.
    • Section 162: Circuit court claims are transfered to the circuit court.
    • Section 163: Legistature provides due certification of all causes that may be transfered to court.
    • Section 164: States chancery court to be held at least twice a year in each county.
    • Section 165: Governs disqualification of judges.
    • Section 166: Judges of the Supreme Court, the circuit courts and shallors are required to receive compensation.
    • Section 167: All civil officer shall be conservators of peace and should be vested with ample powers as such.
    • Section 168: Requires all clerks of court be elected.
    • Section 169: Style of process shall be The State of Mississippi.
    • Section 170: Each county shall be divided into five districts - to be selected by law. They will constitute the board of supervisors that jurisdiction over roads, bridges, and ferries.
    • Section 171: A number of justice court judges/constables should be chosen according to law, two judges in any county, term of 4 years. Specifies educational requirements and jurisdiction.
    • Section 172: Allows Legislature to establish or abolish inferior courts.
    • Section 172A: Prohibits any Court Orders that may cause a tax or increase of a tax.
    • Section 173: Governs the power and responsibilites of Attorney General.
    • Section 174: There is to be a district attorney who is selected, in manner provided for by law, their compensation shall be a fixed salary.
    • Section 175: Liability of public officer and punishment.
    • Section 176: Members of board of supervisors must be a resident freeholder, specifies the value of property.
    • Section 177: The governor has power to fill vacancy of judge and chancellor.
    • Section 177A: There shall be a commission on Judicial Performance.
  • Article 7: Corporations:
    • Section 178: How cops must be formed (general laws only), may amend charter of corp when in the public interest.
    • Section 179: Requirements for compliance of law of corporations.
    • Section 180: Organization of coprs: validility of charter if business is not commenced within two years.
    • Section 181: