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The Constitution of Mississippi was established in 1890. It is the primary organizing law for the U.S. state of Mississippi delineating the duties, powers, structures, and functions of the state government. It has seen several changes the most recent being in 2020.
In The Mississippi State Constitution, John W. Winkle III explores constitutional meaning in Mississippi, both past and present, and shows how, through their own interpretations, judges and other government actors have shaped that meaning. This book illustrates how the popular will of the moment, through constitutional reform conventions or approved amendments, may have both intended and unintended consequences for generations to come. Whether a constitution is a document of power or of limitation is an ageless and important question. The current and now antiquated 1890 version, its patchwork pattern of amendments, and numerous judicial interpretations since, by and large leave that question unsettled. The Mississippi State Constitution features three structural components that are useful for lay and professional audiences alike. First, it surveys the history and development of Mississippi's four constitutions (1817, 1832, 1869, and 1890) by examining the nineteenth century preference for state conventions as agents of comprehensive constitutional reform, and the twentieth and twenty-first century preferences for piecemeal amendments (more than 160 proposals). Second, the book offers a detailed section-by-section commentary on the fifteen articles of the current constitution. It explains the meaning and traces the origins of each provision. In the interest of a fair and thorough analysis, this commentary relies on rulings handed down by Mississippi appellate courts, opinions issued by the office of state attorney general, and enabling legislation passed by state lawmakers. Third, this volume provides a bibliographic essay on available primary and secondary sources for those interested in further study. The Oxford Commentaries on the State Constitutions of the United States is an important new series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Most Americans hold basic misconceptions about the Confederacy, the Civil War, and the actions of subsequent neo-Confederates. For example, two thirds of Americans—including most history teachers—think the Confederate States seceded for “states' rights.” This error persists because most have never read the key documents about the Confederacy. These documents have always been there. When South Carolina seceded, it published “Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union.” The document actually opposes states' rights. Its authors argue that Northern states were ignoring the rights of slave owners as identified by Congress and in the Constitution. Similarly, Mississippi's “Declaration of the Immediate Causes. . .” says, “Our position is thoroughly identified with the institution of slavery—the greatest material interest of the world.” Later documents in this collection show how neo-Confederates obfuscated this truth, starting around 1890. The evidence also points to the centrality of race in neo-Confederate thought even today and to the continuing importance of neo-Confederate ideas in American political life. The 150th anniversary of secession and civil war provides a moment for all Americans to read these documents, properly set in context by award-winning sociologist and historian James W. Loewen and coeditor, Edward H. Sebesta, to put in perspective the mythology of the Old South.