Article III, Mississippi Constitution

Mississippi Constitution
Preamble
Articles
1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15

Article 3 of the Mississippi Constitution is entitled Bill of Rights and consists of 29 sections.

Section 5

	Text of 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 whole.

Section 6

	Text of Section 6: Regulation of Government; Right to Alter The 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 States.

Section 7

	Text of Section 7: Secession Prohibited The 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 States.

Section 8

	Text of Section 8: Citizens of State All persons, resident in this state, citizens of the United States, are hereby declared citizens of the state of Mississippi.

Section 9

	Text of Section 9: Subordination of Military to Civil Power The military shall be in strict subordination to the civil power.

Section 10

	Text of Section 10: Treason Treason 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.

Section 11

	Text of Section 11: Peaceful Assemblage; Right to Petition Government The right of the people peaceably to assemble and petition the government on any subject shall never be impaired.

Section 12

	Text of Section 12: Right to Bear Arms The 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.

Section 12A

Text of Section 12A: The people have the right to hunt, fish and harvest wildlife, including by the use of traditional methods, subject only to laws and regulations that promote wildlife conservation and management and that preserve the future of hunting and fishing, as the Legislature may prescribe by general law. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section may not be construed to modify any provision of law relating to trespass, property rights, the regulation of commercial activities or the maintenance of levees pursuant to Article 11.

Amendments

• Created by the approval of Mississippi Right to Hunt and Fish Amendment, HCR 30 (2014) on November 4, 2014.

Section 13

Text of Section 13: Freedom of Speech and Press; Libel The 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.

Section 14

	Text of Section 14: Due Process No person shall be deprived of life, liberty, or property except by due process of law.

Section 15

	Text of Section 15: Slavery and Involuntary Servitude Prohibited; Punishment for Crime There 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.

Section 16

	Text of Section 16: Ex Post Facto Laws; Impairment of Contract Ex post facto laws, or laws impairing the obligation of contracts, shall not be passed.

Section 17

Text of Section 17: Taking Property for Public Use; Due Compensation Private property shall not be taken or damaged for public use, except on due compensation being first made to the owner or owners thereof, in a manner to be prescribed by law; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be public shall be a judicial question, and, as such, determined without regard to legislative assertion that the use is public.

Section 18

Text of Section 18: Freedom of Religion No religious test as a qualification for office shall be required; and no preference shall be given by law to any religious sect or mode of worship; but the free enjoyment of all religious sentiments and the different modes of worship shall be held sacred. The rights hereby secured shall not be construed to justify acts of licentiousness injurious to morals or dangerous to the peace and safety of the state, or to exclude the Holy Bible from use in any public school of this state.

Section 19

	Text of Section 19: Repealed.

NOTE: Former Section 19 prohibited dueling and both disenfranchised and disqualified persons involved in a duel from holding public office.

Amendments

• The repeal of Section 19 was proposed by Laws of 1977, ch. 584, Senate Concurrent Resolution No. 528, and upon ratification by the electorate on November 7, 1978, was deleted from the Constitution by proclamation of the Secretary of State on December 22, 1978.

Section 20

	Text of Section 20: Specific Term of Office No person shall be elected or appointed to office in this state for life or during good behavior, but the term of all officers shall be for some specified period.

Section 21

	Text of Section 21: Writ of Habeas Corpus The privilege of the writ of habeas corpus shall not be suspended, unless when in the case of rebellion or invasion, the public safety may require it, nor ever without the authority of the legislature.

Section 22

	Text of Section 22: Double Jeopardy No person's life or liberty shall be twice placed in jeopardy for the same offense; but there must be an actual acquittal or conviction on the merits to bar another prosecution.

Section 23

	Text of Section 23: Searches and Seizures The people shall be secure in their persons, houses, and possessions, from unreasonable seizure or search; and no warrant shall be issued without probable cause, supported by oath or affirmation, specially designating the place to be searched and the person or thing to be seized.

Section 24

	Text of Section 24: Open Courts; Remedy for Injury All courts shall be open; and every person for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice shall be administered without sale, denial, or delay.

Section 25

	Text of Section 25: Access to Courts No person shall be debarred from prosecuting or defending any civil cause for or against him or herself, before any tribunal in the state, by him or herself, or counsel, or both.

Section 26

Text of Section 26: Rights of Accused; State Grand Jury Proceedings In all criminal prosecutions the accused shall have a right to be heard by himself or counsel, or both, to demand the nature and cause of the accusation, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in all prosecutions by indictment or information, a speedy and public trial by an impartial jury of the county where the offense was committed; and he shall not be compelled to give evidence against himself; but in prosecutions for rape, adultery, fornication, sodomy or crime against nature the court may, in its discretion, exclude from the courtroom all persons except such as are necessary in the conduct of the trial. Notwithstanding any other provisions of this Constitution, the Legislature may enact laws establishing a state grand jury with the authority to return indictments regardless of the county where the crime was committed. The subject matter jurisdiction of a state grand jury is limited to criminal violations of the Mississippi Uniform Controlled Substances Law or any other crime involving narcotics, dangerous drugs or controlled substances, or any crime arising out of or in connection with a violation of the Mississippi Uniform Controlled Substances Law or a crime involving narcotics, dangerous drugs or controlled substances if the crime occurs within more than one (1) circuit court district of the state or transpires or has significance in more than one (1) circuit court district of the state. The venue for the trial of indictments returned by a state grand jury shall be as prescribed by general law.

Amendments

• The 1994 amendment to Section 26 was proposed by Laws 1994, ch. 668, House Concurrent Resolution No. 79, of the 1994 regular session of the Legislature, and upon ratification by the electorate on November 8, 1994, was inserted by proclamation of the Secretary of State on December 9, 1994.

Section 26-A

Text of Section 26-A: Victims’ Rights; Construction of Provisions; Legislative Authority (1) Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity and respect throughout the criminal justice process; and to be informed, to be present and to be heard, when authorized by law, during public hearings. (2) Nothing in this section shall provide grounds for the accused or convicted offender to obtain any form of relief nor shall this section impair the constitutional rights of the accused. Nothing in this section of any enabling statute shall be construed as creating a cause of action for damages against the state or any of its agencies, officials, employee or political subdivisions. (3) The Legislature shall have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section.

Amendments

• The 1998 amendment adding a new section was proposed by Senate Concurrent Resolution No. 513, Laws 1998, ch. 691 of the 1998 regular session of the Legislature, and upon ratification by the electorate on November 8, 1998, was inserted by proclamation of the Secretary of State on November 30, 1998.

Section 27

Text of Section 27: Proceeding by Indictment or Information No person shall, for any indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval forces, or the military when in actual service, or by leave of the court for misdemeanor in office or where a defendant represented by counsel by sworn statement waives indictment; but the legislature, in cases not punishable by death or by imprisonment in the penitentiary, may dispense with the inquest of the grand jury, and may authorize prosecutions before justice court judges, or such other inferior court or courts as may be established, and the proceedings in such cases shall be regulated by law.

Amendments

• The 1977 amendment to Section 27 was proposed by Laws 1997, ch. 590, Senate Concurrent Resolution No. 590, of the 1977 regular session of the Legislature, and upon ratification by the electorate on November 7, 1978, was inserted by proclamation of the Secretary of State on December 22, 1978.

Section 28

	Text of Section 28: Cruel or Unusual Punishment Prohibited Cruel or unusual punishment shall not be inflicted, nor excessive fines be imposed.

Section 29

Text of Section 29: Excessive Bail Prohibited; Revocation or Denial of Bail (1) Excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses (a) when the proof is evident or presumption great; or (b) when the person has previously been convicted of a capital offense or any other offense punishable by imprisonment for a maximum of twenty (20) years or more. (2) If a person charged with committing any offense that is punishable by death, life imprisonment or imprisonment for one (1) year or more in the penitentiary or any other state correctional facility is granted bail and (a) if that person is indicted for a felony committed while on bail; or (b) if the court, upon hearing, finds probable cause that the person has committed a felony while on bail, then the court shall revoke bail and shall order that the person be detained, without further bail, pending trial of the charge for which bail was revoked. For the purposes of this subsection (2) only, the term "felony" means any offense punishable by death, life imprisonment or imprisonment for more than five (5) years under the laws of the jurisdiction in which the crime is committed. In addition, grand larceny shall be considered a felony for the purposes of this subsection. (3) In the case of offenses punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment, a county or circuit court judge may deny bail for such offenses when the proof is evident or the presumption great upon making a determination that the release of the person or persons arrested for such offense would constitute a special danger to any other person or to the community or that no condition or combination of conditions will reasonably assure the appearance of the person as required. (4) In any case where bail is denied before conviction, the judge shall place in the record his reasons for denying bail. Any person who is charged with an offense punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment and who is denied bail prior to conviction shall be entitled to an emergency hearing before a justice of the Mississippi Supreme Court. The provisions of this subsection (4) do not apply to bail revocation orders.

Amendments

• The 1987 amendment to Section 29, Laws 1987, ch 674. was proposed by Senate Concurrent Resolution No. 534, of the 1987 regular session of the Legislature, and upon ratification by the electorate on November 8, 1987, was inserted by proclamation of the Secretary of State on December 4, 1987.

• The 1995 amendment to Section 29 was proposed by Laws 1995, ch. 636, House Concurrent Resolution No. 42, of the 1995 regular session of the Legislature, and upon ratification by the electorate on November 7, 1995, by proclamation of the Secretary of State on December 5, 1995.

Section 30

	Text of Section 30: Imprisonment for Debt There shall be no imprisonment for debt.

Section 31

	Text of Section 31: Trial by Jury The right of trial by jury shall remain inviolate, but the legislature may, by enactment, provide that in all civil suits tried in the circuit and chancery court, nine or more jurors may agree on the verdict and return it as the verdict of the jury.

Section 32

	Text of Section 32: Construction of Enumerated Rights The enumeration of rights in this constitution shall not be construed to deny and impair others retained by, and inherent in, the people.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Mississippi SOS, "Mississippi Constitution" (HTML)
• Mississippi SOS, "Mississippi Constitution" (PDF)
• Mississippi Department of Archives and History, "Mississippi History Timeline"
• Mississippi History Now, "Constitutions of Mississippi"
• Mississippi History Now, "Mississippi Constitution of 1890"
• Mississippi History Now, "Mississippi Constitution of 1868"
• Mississippi History Now, "Mississippi Constitution of 1832"
• Mississippi History Now, "Mississippi Constitution of 1817"

Additional reading

• Winkle, John W. (2014). The Mississippi State Constitution, New York, New York: Oxford University Press
• L.A. Times, "148 years later, Mississippi ratifies amendment banning slavery"