Sunday, April 10, 2022

Bill Crawford: 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 20thCentury 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.

Hmmm.

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.

PS

As a lone voice in the Senate, Chris McDaniel 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 out of office.

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

Crawford is a syndicated columnist from Jackson.


14 comments:

Krusatyr said...

"Delbert Hosemann wanted to make (referendum) process harder by greatly increasing the number of citizen signatures needed."

Naturally Del Hose didn't want to tie his own noose.

Anonymous said...

This will only delay the medical mushroom and peyote efforts further. Talk about pain relief! Way, way more effective than maryjane and just as natural.

Anonymous said...



Believe what I say, if you pay taxes you do not want the citizens of this state voting with the ability to change laws or make laws. Period.

Anonymous said...

What is the procedure to initiate a recall vote to get Delbert our of office?

Anonymous said...

Will this slow down the medical opium efforts also?

Anonymous said...

McDaniel for LT GOV
Please nooooooo

Krusatyr said...

@11:19
...Suffers to get by on toad licking (Bufotoxin), waiting on legalized Psilocybin and Mescaline. Maybe trip-traipse to an AZ reservation to "identify" as an Apache?

Burnouts for Ballot Initiatives said...

Non-issue.

It didn't take long for the Legislature to figure out that the real hot button for the potheads was med dope and not so much restoral of the process. None of the We are the 93% stoners held any made-for-TV-newscast rallies demanding the initiative process after their holy grail bill passed.

The Legislature will pass a bill next session where the number of signatures required will be somewhere between what the House and Senate wanted. We'll vote on the proposal during the '23 general election.

But Crawford the Imp needed a reason to bash Republicans.

Anonymous said...

Whys should it be hard to put initiatives on the ballot? Here's one helluva reason: the shear ignorance of many Mississippians. I have absolutely no confidence in the average citizen to make a sound, well thought out decision.

Anonymous said...

Ask why we don’t have a popular initiative to amend the United States Constitution. It should be obvious. The founding fathers were enlightened enough to know that such an approach would not be wise. It leads to majoritarian oppression of those in the minority. It leads to suppression of those who are not in power, and potentially to a denial of basic rights. And it can lead to just some really dumb decisions. Just look at California, which has passed some really dumb initiatives. We have representative democracy for a reason rather than a pure democracy. We have a Constitution that is difficult to amend for a reason. It’s one reason the country has managed to survive as long as it has. While state constitutions are not, perhaps, as sacrosanct as the national Constitution, they likewise should not be amended just to deal with the latest political fad or popular idea.

Boel Jombaars said...

Thank goodness for Hawkins-Butler. Enshrining pot into our state constitution would have been lunacy.

Anonymous said...

8:48 pm

You totally overlook the fact that there's anything between an easy "prop" system like California and making it impossible for citizens to recall or demand action they deem needed...especially when their elected officials refuse to keep up with change and discoveries and advances in the modern world.

Those of you whose education stopped decades ago or who go on " instinct and intuition" or what you hear at the barbershop have succeeded in giving total control to one political party in nearly every State.

You actually have bought into the notion only one party ever has a better solution for anything and ignore both parties have showboats and workhorses and jackasses and serpents.

Grow up!



Anonymous said...

McDaniel is the only sane choice and voice of conservative reason for the office of Lieutenant Governor.

Here, April 10 @ 12:00 PM...I fixed your post for you:

"McDaniel for LT GOV
Please."

Anonymous said...

11:47, you seem to not respond to the actual argument against initiatives to amend a constitution. That is a different issue from recalls. Initiatives are much more based on intuition and instinct than reasoned and considered debate. The concept isn’t about party. Maybe you should take your own suggestion.



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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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