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- 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 in 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.
-
- Sec. 6. The people of this state have the inherent, sole, and exclu-
- sive 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 the
- 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 Missis-
- sippi.
-
- 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 overt
- 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 carry-
- ing 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 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.
-
- 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 con-
- tracts, 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 prop-
- erty 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 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.
-
- Sec. 19. Human life shall not be imperiled by the practice of duel-
- ing; and any citizen of this state who shall hereafter fight
- a duel, or assist in the same as second, or send, accept, or
- knowingly carry a challenge therefor, whether such an act 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 disquali-
- fied from holding any office under this Constitution, and
- shall be disfranchised.
-
- 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 sus-
- pended, 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 jeopar-
- dy for the same offense; but there must be an actual acquit-
- tal 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 be
- 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 office;
- 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 ex-
- cessive fines imposed.
-
- Sec. 29. Excessive bail shall not be required, and all persons shall,
- before conviction, be bailable by sufficient sureties, ex-
- cept for capital offenses when the proof is evident or pre-
- sumption 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 verdict
- of the jury.
-
- Sec. 32. The enumeration of rights in this constitution shall not be
- construed to deny and impair others retained by, and inher-
- ent in, the people.
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