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2014 Mississippi Constitution w index

THE CONSTITUTIONOF THESTATE OF MISSISSIPPIA dopted November 1, 1890 Published and distributed byDELBERT HOSEMANNS ecretary of StateANNOTATEDU pdated September 2014 TABLE OF CONTENTS PageConstitution of the State of Mississippi ..1 preamble ..3 Article 1. Distribution of Powers, Sections 1, 2 ..3 Article 2. Boundaries of the State, Sections 3, 4 ..4 Article 3. Bill of Rights, Sections 5 to 4. Legislative Department In General, Sections 33 to 39 ..15 Qualifications and Privileges of Legislators, Sections 40 to 53 ..17 Rules of Procedure, Sections 54 to 77 ..22 Injunctions, Sections 78 to 86 ..29 Local Legislation, Sections 87 to 90 ..32 Prohibitions, Sections 91 to 101.

CONSTITUTION OF THE STATE OF MISSISSIPPI ADOPTED NOVEMBER 1, A.D., 1890 PREAMBLE We, the people of Mississippi in convention assembled, grateful to

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Transcription of 2014 Mississippi Constitution w index

1 THE CONSTITUTIONOF THESTATE OF MISSISSIPPIA dopted November 1, 1890 Published and distributed byDELBERT HOSEMANNS ecretary of StateANNOTATEDU pdated September 2014 TABLE OF CONTENTS PageConstitution of the State of Mississippi ..1 preamble ..3 Article 1. Distribution of Powers, Sections 1, 2 ..3 Article 2. Boundaries of the State, Sections 3, 4 ..4 Article 3. Bill of Rights, Sections 5 to 4. Legislative Department In General, Sections 33 to 39 ..15 Qualifications and Privileges of Legislators, Sections 40 to 53 ..17 Rules of Procedure, Sections 54 to 77 ..22 Injunctions, Sections 78 to 86 ..29 Local Legislation, Sections 87 to 90 ..32 Prohibitions, Sections 91 to 101.

2 34 Miscellaneous, Sections 102 to 115 ..37 Article 5. Executive, Sections 116 to 143 ..44 Article 6. Judiciary, Sections 144 to 177-A ..55 Article 7. Corporations, Sections 178 to 200 ..70 Article 8. Education, Sections 201 to 213-B ..80 Article 9. Militia, Sections 214 to 222 ..92 Article 10. The Penitentiary and Prisons, Sections 223 to 226 ..95 Article 11. Levees, Sections 227 to 239 ..97 Article 12. Franchise, Sections 240 to 253 ..102 Article 13. Apportionment, Sections 254 to 256 ..110 Article 14. General Provisions, Sections 257 to 272-A ..114 Article 15. Amendments to the Constitution In General, Section 273 ..122 Schedule, Sections 274 to 287 ..128 index ..137 This reprint of the Constitution of the State of Mississippi is updated to include notations, changes and amendments as of September 2014.

3 The Constitution is printed and distributed by the Office of the Secretary of THE STATE OF MISSISSIPPIADOPTED NOVEMBER 1, , 1890 Beginning SectionARTICLE 1. DISTRIBUTION OF POWERS ..1 ARTICLE 2. BOUNDARIES OF THE STATE ..2 ARTICLE 3. BILL OF RIGHTS ..5 ARTICLE 4. LEGISLATIVE DEPARTMENT ..33 ARTICLE 5. EXECUTIVE ..116 ARTICLE 6. JUDICIARY ..144 ARTICLE 7. CORPORATIONS ..178 ARTICLE 8. EDUCATION ..201 ARTICLE 9. MILITIA ..214 ARTICLE 10. THE PENITENTIARY AND PRISONS ..223 ARTICLE 11. LEVEES ..227 ARTICLE 12. FRANCHISE ..240 ARTICLE 13. APPORTIONMENT ..254 ARTICLE 14. GENERAL PROVISIONS ..257 ARTICLE 15. AMENDMENTS TO THE Constitution ..27312 Constitution OF THE STATE OF MISSISSIPPIADOPTED NOVEMBER 1, , 1890 PREAMBLEWe, the people of Mississippi in convention assembled, grateful to Almighty God, and invoking his blessing on our work, do ordain and establish this 1 DISTRIBUTION OF POWERSSECTION 1.

4 Powers of 2. Encroachment of 1. Powers of government. The powers of the government of the State of Mississippi shall be divided into three distinct departments, and each of them confided to a separate magistracy, to-wit: those which are legislative to one, those which are judicial to another, and those which are executive to : 1817 art II 1; 1832 art II 1; 1869 art III 2. Encroachment of person or collection of persons, being one or belonging to one of these departments, shall exercise any power properly belonging to either of the others. The acceptance of an office in either of said departments shall, of itself, and at once, vacate any and all offices held by the person so accepting in either of the other : 1817 art II 2; 1832 art II 2; 1869 art III 2 BOUNDARIES OF THE STATESECTION 3. 4.

5 Acquisition of territory; disputed 3. Repealed. Repealed by Laws, 1990, ch. 692, eff December 19, 1990. [ preamble , Const. 1817] NOTE: Former SECTION 3 stated the limits and boundaries of the state of repeal of Section 3 of Article 2 of the Mississippi Constitution of 1890 was proposed by Laws, 1990, ch. 692 (Senate Concurrent Resolution No. 520), and upon ratification by the electorate on November 6, 1990, was deleted from the Constitution by proclamation of the Secretary of State on December 19, 4. Acquisition of territory; disputed Legislature shall have power to consent to the acquisition of additional territory by the state, and to make the same a part thereof; and the Legislature may settle disputed boundaries between this state and its coterminus states whenever such disputes 3 BILL OF RIGHTSSECTION 5.

6 Government originating in the people. SECTION 6. Regulation of government; right to 7. Secession 8. Citizens of 9. Subordination of military to civil 10. 11. Peaceful assemblage; right to petition 2, SEC. 3 Mississippi CONSTITUTION4 SECTION 12. Right to bear 13. Freedom of speech and press; 14. Due 15. Slavery and involuntary servitude prohibited; punishment for 16. Ex post facto laws; impairment of 17. Taking property for public use; due 17-A. Taking private property by eminent domain; transfer to others prohibited for ten years; 18. Freedom of 19. 20. Specific term of 21.

7 Writ of habeas 22. Double 23. Searches and 24. Open courts; remedy for 25. Access to 26. Rights of accused; state grand jury 26-A. Victims rights; construction of provisions; legislative 27. Proceeding by indictment or 28. Cruel or unusual punishment 29. Excessive bail prohibited; revocation or denial of 30. Imprisonment for 31. Trial by jury. Bill of RightsSECTION 32. Construction of enumerated rights. SECTION 5. Government originating in the people. All political power is vested in, and derived from, the people; all government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the : 1817 art I 2; 1832 art I 3, SEC.

8 5 BILL OF RIGHTS5 SECTION 6. Regulation of government; right to people of this state have the inherent, sole, and exclusive right to regulate the internal government and police thereof, and to alter and abolish their Constitution and form of government whenever they deem it necessary to their safety and happiness; Provided, Such change be not repugnant to the Constitution of the United : 1817 art I 2; 1832 art I 7. Secession right to withdraw from the Federal Union on account of any real or supposed grievance, shall never be assumed by this state, nor shall any law be passed in derogation of the paramount allegiance of the citizens of this state to the government of the United : 1869 art I 8. Citizens of persons, resident in this State, citizens of the United States, are hereby declared citizens of the State of Mississippi .

9 SOURCES: 1869 art I 9. Subordination of military to civil military shall be in strict subordination to the civil power. SOURCES: 1869 art I 10. against the state shall consist only in levying war against the same or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. SOURCES: 1817 art VI 3; 1832 art VII 3; 1869 art I 3, SEC. 6 Mississippi CONSTITUTION6 SECTION 11. Peaceful assemblage; right to petition right of the people peaceably to assemble and petition the government on any subject shall never be impaired. SOURCES: 1817 art I, 22; 1832 art I, 22; 1869 art I, 12. Right to bear right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons.

10 SOURCES: 1817 art I 23; 1832 art I 23; 1869 art I 13. Freedom of speech and press; freedom of speech and of the press shall be held sacred; and in all prosecutions for libel the truth may be given in evidence, and the jury shall determine the law and the facts under the direction of the court; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. SOURCES: 1817 art I 6, 7 and 8; 1832 art I 6, 7 and 8; 1869 art I 14. Due person shall be deprived of life, liberty, or property except by due process of law. SOURCES: 1817 art I 10; 1832 art I 10; 1869 art I 15. Slavery and involuntary servitude prohibited; punishment for 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.


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