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901.MISSISSI.TXT
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1994-02-11
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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.