American history is, in part, defined by a struggle over rights — what they mean, who holds them and who decides when they can be exercised. In Mississippi, this struggle has taken an unusual form.
The state constitution grants citizens the right to bring forth a constitutional amendment by initiative, commonly called a referendum. Currently, however, Mississippians cannot exercise this right.
The initiative process was enshrined in the constitution, stating that “The people reserve to themselves the power to propose amendments to this Constitution and to enact or reject the same at the polls independent of the Legislature.”
This right has been under fire throughout much of the state’s history; it was taken away from the people in 1922 by court proceedings but reestablished in the 1990s.
After a brief 30-year stint, however, this right has once again been taken away.
In 2020, the state passed initiative measures 65 and 65a, commonly known as the medical marijuana amendments. To the surprise of many, Mississippians voted for both of these amendments by an overwhelming majority, with respectively 68% and 73% of the population casting ballots in favor of them.
The following May, the state’s Supreme Court ruled both of these initiatives invalid — not based on policy, but because the initiative petition failed to meet a constitutional requirement.
Mississippi requires an initiative brought forth by the people to receive a constitutionally mandated number of signatures. However, signatures must be equally distributed among the state’s U.S. congressional districts.
What, then, is the problem? Our constitution requires signatures to be distributed among its five congressional districts. Following the congressional reapportionment in 2001, however, the number of Mississippi’s congressional districts was reduced to four.
So, while the process remains in the state constitution, it cannot legally be carried out.
Ultimately, the state legislature stepped up to overwrite the mix-up by passing its own medical marijuana bill. Yet Mississippians remain unable to initiate a constitutional amendment.
Last week, the state senate elections committee moved to table SB 2920, which would have restored this constitutional right. The effort continued in the state senate through a concurrent resolution but ultimately died on the senate floor.
Since 2021, state politicians and elected officials have expressed concerns over reestablishing this right, citing a fear that it could attract dark money from special interest groups that do not have to disclose their donors. Referendums are expensive endeavors and can entice groups seeking to circumvent the legislative process.
Although the concerns of the legislature have merit, they do not outweigh the long-term harm to our rights. The Mississippi Constitution begins with “We the People.” Those words are not decorative.
As former President Abraham Lincoln once said, “We the people are the rightful masters of both Congress and the courts.” As we have given our government its power, it is within the legislature’s authority to step in when the initiative process is broken. In fact, it is their duty.
For students at the University of Mississippi, civic duty does not end at presidential elections.
Charles Miller, a second-year law student from San Antonio, said, “Referendums are an important part of democracy. When a legislature fails to effectuate the will of the people, the people have a right to speak.”
Miller expressed surprise when hearing about the current state of referendum rights in Mississippi. “I think if the right is promised in the constitution, it should be maintained, even if the number of districts has changed in the last 130 years,” he argued.
Many actions or inactions in government go unnoticed. Like Miller and myself, we must ask the important questions while paying attention to local matters.
A right that exists in theory is not much of a right at all, but a democracy without participation is even less so.
Taylor Young is a second-year law student from Gulfport, Miss.
