Constitution of Mississippi
Constitution of Mississippi
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Constitution of Mississippi

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Constitution of Mississippi

The Constitution of Mississippi is the primary organizing law for the U.S. state of Mississippi delineating the duties, powers, structures, and functions of the state government. Mississippi's original constitution was adopted at a constitutional convention held at Washington, Mississippi in advance of the western portion of the territory's admission to the Union in 1817. The current state constitution was adopted in 1890 following the reconstruction period. It has been amended and updated 100 times in since its adoption in 1890, with some sections being changed or repealed altogether. The most recent modification to the constitution occurred in November 2020, when Section 140 was amended, and Sections 141-143 were repealed.[clarification needed]

Since becoming a state, Mississippi has had four constitutions. The first one was used until 1832, when the second constitution was created and adopted. It ended property ownership as a prerequisite for voting, which was limited to free white males at the time. The third constitution, adopted in 1868 and ratified the following year, was the only constitution to be approved and ratified by the people of Mississippi at large and bestowed state citizenship to all of Mississippi's residents, for the first time including newly-freed slaves. The fourth constitution was adopted on November 1, 1890, and was created by a convention consisting mostly of Democrats in order to prevent the state's African-American citizens from voting. The provisions preventing them from voting were repealed in 1975.

While the state constitution adopted in 1890 is still in effect today, many of its original tenets and sections have since been modified or repealed; most of these were in response to U.S. Supreme Court rulings such as Harper v. Virginia. In the decades since its adoption, several Mississippi governors have advocated replacing the constitution, however, despite heated debates in the legislature in the 1930s and 1950s, such attempts to replace the constitution have so far proved unsuccessful.

Mississippi held constitutional conventions in 1851 and 1861 about secession. A few months before the start of the American Civil War in April 1861, Mississippi, a slave state located in the Southern United States, declared that it had seceded from the United States and joined the newly formed Confederacy, and it subsequently lost its representation in the U.S. Congress.

Four years later, with the victory of Union forces at the end of the American Civil War, slavery was abolished via the newly enacted Thirteenth Amendment. Mississippi held a constitutional convention in 1865. A new Mississippi constitution was created in May 1868 that bestowed citizenship and civil rights upon newly freed slaves in the state. Mississippi regained its congressional representation after it was fully readmitted back into the United States in February 1870.

The 1868 state constitution, which was the third constitution that the State of Mississippi's history, lasted until 1890, when after the Compromise of 1877 and a lengthy campaign of terrorist violence to establish Democratic rule in the state succeeded, a constitutional convention composed almost entirely of white Democrats created and adopted the fourth (and current) constitution to specifically disenfranchise, isolate, and marginalize the state's African American population. Unlike the 1868 constitution, the 1890 one did not go to the people of the state at large for their approval and ratification. The convention created, approved, and ratified it all on its own initiative, as was done in the case of the 1817 and 1832 state constitutions.

The new constitution was utilized by the Democrats and the state government, in conjunction with terrorist violence, to marginalize and prohibit black Mississippians from participating in the state's civil society until the 1960s and 1970s.

Mississippi was not the only U.S. state at the time that created a new constitution specifically for the purpose of disenfranchising their African American voters; other ones did as well, South Carolina followed suit in December 1895 under its Democratic governor in replacing its 1868 state constitution. As with Mississippi's current 1890 constitution, the 1895 South Carolinian constitution is still in use today.

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