MISSISSIPPI CONSTITUTION
ARTICLE III
BILL OF RIGHTS

§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.

§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.

§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.

§8 | CITIZENS OF STATE

All persons, resident in this State, citizens of the United States, are hereby declared citizens of the State of Mississippi.

§9 | SUBORDINATION OF MILITARY TO CIVIL POWER

The military shall be in strict subordination to the civil power.

§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.

§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.

§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.

§12A | RIGHT TO HUNT, FISH, AND HARVEST WILDLIFE

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.

Footnotes

NOTE: The insertion of Section 12A in Article 3 of the Constitution was proposed by Chapter 2024, Laws of 2012 (House Concurrent Resolution No. 30), and upon ratification by the electorate on November 4, 2014, was inserted as a part of the Constitution by proclamation of the Secretary of State on December 2, 2014.

The last paragraph of HCR 30 provides as follows:

“BE IT FURTHER RESOLVED, Tat the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature of the State of Mississippi, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.”

However, after the bill was approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in eﬀect. For that reason, the Mississippi Attorney General’s Office submitted House Concurrent Resolution 30 (2012) to the United States Attorney General in order to technically meet the requirements of Section 5 and fulfill the Legislative direction in the final paragraph of the Resolution.

By letter dated March 6, 2014, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of HCR 30 (2012) and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the Legislative direction in the final paragraph of the Resolution.

§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.

Footnotes

§14 | DUE PROCESS

No person shall be deprived of life, liberty, or property except by due process of law.

§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.

§16 | EX POST FACTO LAWS; IMPAIRMENT OF CONTRACT

Ex post facto laws, or laws impairing the obligation of contracts, shall not be passed.

§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.

§17A | TAKING PRIVATE PROPERTY BY EMINENT DOMAIN; TRANSFER TO OTHERS PROHIBITED FOR TEN YEARS; EXCEPTIONS

No property acquired by the exercise of the power of eminent domain under the laws of the State of Mississippi shall, for a period of ten years after its acquisition, be transferred or any interest therein transferred to any person, non-governmental entity, public-private partnership, corporation, or other business entity with the following exceptions:

(1) The above provisions shall not apply to drainage and levee facilities and usage, roads and bridges for public conveyance, ﬂood control projects with a levee component, seawalls, dams, toll roads, public airports, public ports, public harbors, public wayports, common carriers or facilities for public utilities and other entities used in the generation, transmission, storage or distribution of telephone, telecommunication, gas carbon dioxide, electricity, water, sewer, natural gas, liquid hydrocarbons or other utility products.

(2) The above provisions shall not apply where the use of eminent domain

(a) removes a public nuisance;

(b) removes a structure that is beyond repair or unfit for human habitation or use;

(c) is used to acquire abandoned property; or

(d) eliminates a direct threat to public health or safety caused by the property in its current condition.

Footnotes

NOTE: During the November 8, 2011, General Election, a citizen-initiated Constitutional amendment, Initiative # 31 - Eminent Domain, was approved by a majority of the electors of Mississippi. The Governor, by Executive Order No. 1074, dated January 9, 2012, directed the Secretary of State to insert Initiative # 31 into the Mississippi Constitution as Article 3, § 17A. Article 15, § 273(10) of the Mississippi Constitution provides that initiatives approved by the electors take eﬀect thirty (30) days from the date of the official declaration of the vote by the Secretary of State. The Secretary of State certified the November 8, 2011, election on December 8, 2011.

§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.

§19 | REPEALED

Repealed by Laws, 1977, ch. 584, eﬀ December 22, 1978. [1817 art VI § 2; 1832 art VII § 2; 1869 art I § 27]

Footnotes

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

The repeal of Section 19 of Article 3 of the Constitution of 1890 was proposed by Laws, 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.

§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.

Footnotes

§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.

§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.

§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.

§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.

§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.

§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.

Footnotes

NOTE: The 1994 amendment of Section 26, Mississippi Constitution of 1890, proposed by Laws, 1994, ch. 668 (House Concurrent Resolution No. 79), was approved by the House of Representatives on March 29, 1994, and by the Senate on March 30, 1994. It was ratified by the electorate on November 8, 1994, and inserted as part of the Constitution by proclamation of the Secretary of State on December 9, 1994.

§26A | 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 or any enabling statute shall be construed as creating a cause of action for damages against the state or any of its agencies, officials, employees 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.

Footnotes

§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.

Footnotes

NOTE: The 1977 amendment to Section 27 of Article 3 of the Constitution of 1890 was proposed by Laws, 1977, 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.

§28 | CRUEL OR UNUSUAL PUNISHMENT PROHIBITED

Cruel or unusual punishment shall not be inﬂicted, nor excessive fines be imposed.

§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.

Footnotes

NOTE: The 1987 amendment of Section 29 in Article 3 of the Mississippi Constitution of 1890 was proposed by Laws, 1987, ch. 674 (Senate Concurrent Resolution No. 534), and upon ratification by the electorate on November 3, 1987, was inserted as part of the Constitution by proclamation of the Secretary of State on December 4, 1987.

The 1995 amendment of Section 29 in Article 3 of the Mississippi Constitution of 1890 was proposed by Laws, 1995, ch. 636 (House Concurrent Resolution No. 42), and upon ratification by the electorate on November 7, 1995, was inserted as a part of the Constitution by proclamation of the Secretary of State on December 5, 1995.

§30 | IMPRISONMENT FOR DEBT

There shall be no imprisonment for debt.

§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.

§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.

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MISSISSIPPI CONSTITUTIONARTICLE IIIBILL OF RIGHTS

§5 | GOVERNMENT ORIGINATING IN THE PEOPLE

§6 | REGULATION OF GOVERNMENT; RIGHT TO ALTER

§7 | SECESSION PROHIBITED

§8 | CITIZENS OF STATE

§9 | SUBORDINATION OF MILITARY TO CIVIL POWER

§10 | TREASON

§11 | PEACEFUL ASSEMBLAGE; RIGHT TO PETITION GOVERNMENT

§12 | RIGHT TO BEAR ARMS

§12A | RIGHT TO HUNT, FISH, AND HARVEST WILDLIFE

Footnotes

§13 | FREEDOM OF SPEECH AND PRESS; LIBEL

Footnotes

§14 | DUE PROCESS

§15 | SLAVERY AND INVOLUNTARY SERVITUDE PROHIBITED; PUNISHMENT FOR CRIME

§16 | EX POST FACTO LAWS; IMPAIRMENT OF CONTRACT

§17 | TAKING PROPERTY FOR PUBLIC USE; DUE COMPENSATION

§17A | TAKING PRIVATE PROPERTY BY EMINENT DOMAIN; TRANSFER TO OTHERS PROHIBITED FOR TEN YEARS; EXCEPTIONS

Footnotes

§18 | FREEDOM OF RELIGION

§19 | REPEALED

Footnotes

§20 | SPECIFIC TERM OF OFFICE

Footnotes

§21 | WRIT OF HABEAS CORPUS

§22 | DOUBLE JEOPARDY

§23 | SEARCHES AND SEIZURES

§24 | OPEN COURTS; REMEDY FOR INJURY

§25 | ACCESS TO COURTS

§26 | RIGHTS OF ACCUSED; STATE GRAND JURY PROCEEDINGS

Footnotes

§26A | VICTIMS’ RIGHTS; CONSTRUCTION OF PROVISIONS; LEGISLATIVE AUTHORITY

Footnotes

§27 | PROCEEDING BY INDICTMENT OR INFORMATION

Footnotes

§28 | CRUEL OR UNUSUAL PUNISHMENT PROHIBITED

§29 | EXCESSIVE BAIL PROHIBITED; REVOCATION OR DENIAL OF BAIL

Footnotes

§30 | IMPRISONMENT FOR DEBT

§31 | TRIAL BY JURY

§32 | CONSTRUCTION OF ENUMERATED RIGHTS

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