Series 2558: Constituent Correspondence, 2000-2003
35861
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Created: 3/8/2000 10:48 AM
Subject: Initiative
Message:
Mississippi Secretary of State's Office
ERIC CLARK, Secretary of State
CONTACT: David Blount, 601-359-6342
Mr. Clark, I am requesting copies of the Mississippi Constitution of 1890,
Section 273; and Miss. Code Ann., Sections 23-17-1 through 23-17-61 (1972).
I intend to place an initiative on the ballot which will put an organization
in charge of the Mississippi Bar Association. Since their is at this time no
one except the Bar Association to investigate themselves. I have learned
that if anyone needing to have another organization to police itself it is
the Mississippi Bar Association.
If you are concerned about why I am pursuing this initiative please read my
web site.
www.mississippi.com/~mccaleb/index.html
www.mississippi.com/~mccaleb/index.html (LINK)
Sincerely,
Steven A. McCaleb
Initiatives
Mississippi Secretary of State's Office
ERIC CLARK, Secretary of State
CONTACT: David Blount, 601-359-6342
[Unable to display image]
CONSTITUTION OF THE STATE OF MISSISSIPPI (Adopted Nov. 1, A.D.,1890) PREAMBLE
We, the people of Mississippi in convention assembled, grateful to Almighty
God, and involving his blessing on our work, do ordain and establish this
Constitution...
www.olemiss.edu
I plan to put as much information as possible on our site to provide
better service to the public. Please send any questions or suggestions to
administrator@sos.state.ms.us and I will do what I can to accommodate your
needs. This is work-in-progress and your support is appreciated.
CONSTITUTION OF THE STATE OF MISSISSIPPI
(Adopted Nov. 1, A.D.,1890)
PREAMBLE
We, the people of Mississippi in convention assembled, grateful to Almighty
God, and involving his blessing on our work, do ordain and establish this
Constitution.
ARTICLE 3
BILL OF RIGHTS
[NOTE: There is no sections 1-4 of article 3]
Sec. 5. All political power invested 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.
Sec. 6. 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 fo government whenever they deem it
necessary to their safety and happiness; Provided, such change be not
repugnant to the constitution of the United States.
Sec. 7. 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 th e government of the United States.
Sec. 8. All persons resident in this state, citizens of the United States,
are hereby declared citizens of the state of Mississippi.
Sec. 9. The military shall be in strict subordination to the civil power.
Sec. 10. 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 ove rt act, or on confession in open court.
Sec. 11. The right of the people peaceably to assemble and petition the
government on any subject shall never be impaired.
Sec. 12. 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 car rying concealed weapons.
Sec. 13. 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 a ppear 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.
Sec. 14. No person shall be deprived of life, liberty, or property except by
due process of law.
Sec. 15. There shall be neither slavery nor involuntary servitude in this
state, otherwise than as punishment for crime, whereof the party shall have
been duly convicted.
Sec. 16. Ex post facto laws, or laws impairing the obligation of contracts,
shall not be passed.
Sec. 17. 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 propert y 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.
Sec. 18. 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 worshi p 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.
Sec. 19. Human life shall not be imperiled by the practice of dueling; and
any citizen of this state who shall hereafter fight a duel, or assist in the
same as second, or send, accept, o knowingly carry a challenge therefor,
whether such an a ct be done in the state, or out of it, or who shall go out
of the state to fight a duel, or to assist in the same as second, or to send,
accept, or carry a challenge, shall be disqualified from holding any office
under this Constitution, and shall be disf ranchised.
Sec. 20. 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.
Sec. 21. 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.
Sec. 22. 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.
Sec. 23. 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 b e searched and the person or thing to be seized.
Sec. 24. 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.
Sec. 25. 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.
Sec. 26. 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 the 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.
Sec. 27. No person shall for any indictable offense, be proceeding 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 off ice; 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 justices of the peace, or
such other inferior court or courts as may be established, and the
proceedings in such cases shall be regulated by law.
Sec. 28. Cruel or unusual punishment shall not be inflicted, nor excessive
fines imposed.
Sec. 29. Excessive bail shall not be required, and all persons shall, before
conviction, be bailable by sufficient sureties, except for capital offenses
when the proof is evident or presumption great.
Sec. 30. There shall be no imprisonment for debt.
Sec. 31. 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 verd ict of the jury.
Sec. 32. The enumeration of rights in this constitution shall not be
construed to deny and impair others retained by, and inherent in, the people.
Initiatives
Mississippi Secretary of State's Office
ERIC CLARK, Secretary of State
CONTACT: David Blount, 601-359-6342
Initiative Information
The official ballot title and ballot summary for an initiative measure are
prepared by the Mississippi Attorney General's Office. Initiative petitions
are valid for one year. According to Mississippi law, for an initiative
petition to be sufficient a minimum of 98,336 certified signatures must be
gathered; with at least 19,668 certified signatures from each of the five
congressional districts. The number of signatures required represents 12% of
the total number of votes cast for Governor in the last gubernatorial general
election. All signatures on the petition must be certified by county Circuit
Clerks as those of registered Mississippi voters.
For more information on the initiative process in Mississippi, consult the
Mississippi Constitution of 1890, Section 273; and Miss. Code Ann., Sections
23-17-1 through 23-17-61 (1972).
Eric Clark is Mississippi's seventh Secretary of State during the 20th
century. After a distinguished career in the Mississippi House of
Representatives, he was elected to statewide office in 1995. A native of
Smith County born in 1951, Eric Clark has pledged to make the Secretary of
State's Office the most "user-friendly" agency in state government. His
commitment to courteous, professional state government extends throughout the
agency's multi-faceted service to Mississippians.As the state's chief
elections officer, Clark has expanded voter education programs and led
"Promote the Vote," the most successful student voter project in Mississippi
history. He has advocated more complete campaign finance disclosure and the
use of technology to fight voter fraud. Clark oversees more than a million
acres of state-owned land, including 16th section lands. These lands, set
aside at statehood, generate more than $40 million dollars annually for
public education in Mississippi. In addition, Clark serves as trustee of the
public trust tidelands on the Gulf Coast. In this capacity, he has pledged to
protect and preserve the publicly owned sand beach for all Mississippians
and, at the same time, promote responsible economic development. His
leadership resulted in the acquisition of more than 4,000 acres of endangered
coastal wetlands for permanent preservation and the location of a half
billion dollar economic investment on the Gulf Coast. As Secretary of State,
Clark's office is the first point of contact for many businesses and
industries in Mississippi. To provide more efficient service, Clark
overhauled the agency's customer service delivery system. He has also
promoted vigorous enforcement of securities fraud provisions and expanded
legislation to protect the mission of charitable organizations in
Mississippi, so that donors may have confidence their gift goes to those who
need it.Prior to his election as Secretary of State, Clark served four terms
as a member of the state House of Representatives. He is a member of the
Mississippi Economic Council, Mississippi Forestry Association, Mississippi
Farm Bureau, and Mississippi Historical Society. He was the 1995 recipient of
the American Family Association's God and Country Award.Clark is the son of
the late Mr. and Mrs. John S. Clark. His father also served Smith County in
the Mississippi House of Representatives, and his mother, Mamie Craft Clark,
was a respected community leader. Clark is a graduate of Taylorsville High
School. He received a bachelor's degree from Millsaps College, a master's
degree from the University of Mississippi, and a doctorate in history from
Mississippi State University. A former public school and community college
teacher, Clark taught history and government at Mississippi College from
1989-1995. He also manages his family tree farm in Smith County.Eric Clark is
married to the former Karan Killebrew. Karan is a registered nurse who grew
up in Durant and Forest. They are the parents of two children-Charles, 10,
and Catherine, 4. The Clarks are active members of the First Baptist Church
of Brandon.
Return Home
Eric Clark is Mississippi's seventh Secretary of State during the 20th
century. After a distinguished career in the Mississippi House of
Representatives, he was elected to statewide office in 1995. A native of
Smith County born in 1951, Eric Clark has pledged to make the Secretary of
State's Office the most "user-friendly" agency in state government. His
commitment to courteous, professional state government extends throughout the
agency's multi-faceted service to Mississippians.As the state's chief
elections officer, Clark has expanded voter education programs and led
"Promote the Vote," the most successful student voter project in Mississippi
history. He has advocated more complete campaign finance disclosure and the
use of technology to fight voter fraud. Clark oversees more than a million
acres of state-owned land, including 16th section lands. These lands, set
aside at statehood, generate more than $40 million dollars annually for
public education in Mississippi. In addition, Clark serves as trustee of the
public trust tidelands on the Gulf Coast. In this capacity, he has pledged to
protect and preserve the publicly owned sand beach for all Mississippians
and, at the same time, promote responsible economic development. His
leadership resulted in the acquisition of more than 4,000 acres of endangered
coastal wetlands for permanent preservation and the location of a half
billion dollar economic investment on the Gulf Coast. As Secretary of State,
Clark's office is the first point of contact for many businesses and
industries in Mississippi. To provide more efficient service, Clark
overhauled the agency's customer service delivery system. He has also
promoted vigorous enforcement of securities fraud provisions and expanded
legislation to protect the mission of charitable organizations in
Mississippi, so that donors may have confidence their gift goes to those who
need it.Prior to his election as Secretary of State, Clark served four terms
as a member of the state House of Representatives. He is a member of the
Mississippi Economic Council, Mississippi Forestry Association, Mississippi
Farm Bureau, and Mississippi Historical Society. He was the 1995 recipient of
the American Family Association's God and Country Award.Clark is the son of
the late Mr. and Mrs. John S. Clark. His father also served Smith County in
the Mississippi House of Representatives, and his mother, Mamie Craft Clark,
was a respected community leader. Clark is a graduate of Taylorsville High
School. He received a bachelor's degree from Millsaps College, a master's
degree from the University of Mississippi, and a doctorate in history from
Mississippi State University. A former public school and community college
teacher, Clark taught history and government at Mississippi College from
1989-1995. He also manages his family tree farm in Smith County.Eric Clark is
married to the former Karan Killebrew. Karan is a registered nurse who grew
up in Durant and Forest. They are the parents of two children-Charles, 10,
and Catherine, 4. The Clarks are active members of the First Baptist Church
of Brandon.
Return Home
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