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People denied ‘sole’ right to alter state constitution

People denied 'sole' right to alter state constitution

The Mississippi Constitution gives the people of this state “the inherent, sole, and exclusive right … to alter and abolish their constitution and form of government whenever they deem it necessary to their safety and happiness.”

But it doesn’t say how. Long ago several constitutional conventions were held to change or re-write the constitution. Late 20th Century efforts to hold another such convention failed.

In 1992 the problem was addressed somewhat. The Legislature adopted and the people approved Senate Concurrent Resolution No. 616 creating a ballot initiative process to amend their Constitution.

That lasted until May 14, 2021, when the Mississippi Supreme Court threw out the successful initiative on medical marijuana and scuttled the entire initiative process. The problem was language that specifically linked the process to five congressional districts. After the 2000 Census the number of districts had fallen to four.

After the court ruled, everybody said the process should be fixed. And all it would take was to change the language from five districts to four.

But Lt. Gov. Delbert Hosemann, House Speaker Philip Gunn, and their legislative minions had different thoughts.

Both the House and Senate decided to deny, again, the people the right to amend their Constitution – the Bill of Rights be damned! Instead, they came up with separate schemes to allow citizens to propose new statutes or changes to statutes rather than constitutional amendments.

Then, they fought over how many citizens needed to sign petitions to get proposals on the ballot. The House, led by Speaker Philip Gunn, wanted to stick with the same method used in the old initiative process. The Senate, led by Lt. Gov. Delbert Hosemann, wanted to make the process harder by greatly increasing the number of citizen signatures needed.

Unwilling to agree, they did nothing.

“There was concern that … it is so easy to get people to sign,” Hosemann told Mississippi Today. “We’re trying to get a number that makes sense.” Gunn and House members thought the old number made sense.

Why should it be hard for the people to put statutory referendums on the ballot?Hosemann and the Republicans who control the Senate should have to answer this question.

Why should it be impossible for the people to exercise their right to amend the Constitution? Gunn, Hosemann, and the Republicans who control the Legislature should have to answer this one.

So much for “inherent, sole and exclusive” constitutional rights.

As a lone voice in the Senate, Chris McDaniel, R-Ellisville, espoused that too many of his Republican colleagues didn’t seem to trust “the people.” Indeed, the Legislature’s failure to restore the initiative process adds to an issue war chest McDaniel is building for a possible run for Lt. Governor.

It comes on top of his furor over a Senate redistricting plan that failed to increase the GOP majority and will, effectively, throw his ardent ally state Sen. Melanie Sojourner, R-Natchez, out of office.

“By good words and fair speeches (they) deceive the hearts of the simple” – Romans 16:18.

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