State Government

• The state and federal government have a relationship… established through a constitution– A constitution sets up the framework of a

government and determines its powers and limitations

Mississippi Constitution of 1890

• Mississippi has operated under four constitutions

• The 1890 Constitution was written by 134 delegates who were mostly white, male, and democrat.

• This constitution never was submitted to the people for their approval

Principles of the MS Constitution

• Popular Sovereignty- “We the people…” The people set up the government and are “sovereign” over it. – People have the power!!

• Limited Government- Government is limited to the powers granted by the people. The government is not above the law but must exist under the rule of law

• Separation of Powers- Developed from the idea that too much power given to one person or group could threaten people’s freedom. – The governments powers are divided into

branches

• Checks and Balances-To make sure that one branch does not get to much power over the other

Changing the Constitution

• An amendment is a change in a document• The US constitution has only been amended 27

times….. The MS constitution of 1890 has been amended 121 times!!!!!

• The process: – Starts in the legislature where 2/3 of the members of

each house must approve the proposal– Proposal is put out for people to vote for or against

the amendment– Once approved it becomes apart of the constitution

State LegislatureFunction: To make laws

• Bicameral • 52 Senators, 122 State

Representatives elected from districts throughout the state

• Number of seats is determined by a process called apportionment… to make sure that one person’s vote in a district is worth as much as another person’s.. “one-man, one-vote rule”

• To make sure this is up to date a census is given

• After every national census the state legislature must reapportion

The Legislators• Four year terms, unlimited number of

terms• House – 21 years old – State resident for four years– County resident for two years before

election• Senate– 25 years old – State resident for four years– District resident for two years before

election• Cannot hold office if ever been

convicted of a serious crime

Legislative Sessions

• Meets every year in Jackson on the Tuesday following the first Monday in January– Regular Session– Lasts 125 days

• Governor can call special sessions to address specific issues.

Powers of the Legislature

• Make Laws• House: impeach the governor etc.. ; has

authority to choose governor fi no candidate receives a majority of the votes

• Senate: would try the case• Legislature has power to propose

constitutional amendments

Organization of the Legislature

• Presiding officer of the senate is the lieutenant governor (chosen by the people) If LT Governor is not there the president pro tempore does the job

• Presiding officer of the house is the speaker of the house (chosen by representatives)– They preside over the legislative sessions, enforce

and interpret rules, make committee assignments etc..

• Most of the work in the legislature is done through committees– Small group of senators or representatives who

study bills and make recommendations on those bills

• Many bills die because they are never discussed by committees

State Executive Branch

• Governor-enforces, executes, and administers the laws of the state– 35 years old, citizen of US for 20 years, resident of

state for at least 5 years before the election– Four year terms, can be re-elected

• Lieutenant Governor- Assumes governor’s duties if that office becomes vacant– Same time and same term as governor

• Attorney General• Secretary of State• State Treasurer and Auditor of Public Accounts

Mississippi Court System• Main duty-interpret and apply the law• Each court created by our constitution has its

own jurisdiction• Some courts have original jurisdiction-can hear

cases first• Appellate jurisdiction-review cases on appeal

from lower courts• Court system consists of: State supreme court, an

intermediate court of appeals, circuit courts and chancery courts

Supreme Court

• Highest court in state and hears appeals from circuit and chancery courts

• Nine justices elected to 8 year terms from three supreme court districts (northern, central, southern)

Court of Appeals

• To ease the workload of the supreme court• Ten judges elected for staggered 8 year terms

for each congressional districts

Circuit Courts• Major trial courts in the state• 22 Circuit Court districts in the state• Have original jurisdiction• They handle felonies, serious crimes like murder• Decisions (verdicts) made by a jury

Chancery Courts

• Jurisdiction over matters like divorce and alimony, child custody and support, wills and estates, and cases of insanity.

Lower Courts

• County, family, youth, justice, and municipal courts• Hear both criminal and civil cases, misdemeanors, some

felony charges, and juvenile cases• Municipal courts serve cities and handle violations of

city ordinances

Financing State Government• The government needs money to provide

services for its people• Government plans it revenue and

expenditures which is called a budget• Major source of revenue for the state are

taxes… general sales tax• Next largest revenue is the individual income

tax