Mississippi unconstitutional legislation, 1817-1942




Howerton, Huey B. (Huey Blair), 1895-

Journal Title

Journal ISSN

Volume Title





This is a survey and development of one phase of Mississippi constitutional law. It is limited to a consideration of the cases in which the State Supreme Court, interpreting the State Constitution, invalidated State legislation. It is not a consideration of the cases in which the question of constitutionality was raised and upheld, of which there are some four hundred and seventy-five, or of the cases which involved a Federal question and which could be removed or appealed to the Federal Courts. The analysis covers the period of the constitutional history of Mississippi from the adoption of the first Constitution (1817) down to the present. Some attention is given to the constitutional background prior to the adoption of the first Constitution. These cases were located by a diligent checking of (1) Mississippi Digest 1818 to Date Covering Mississippi Reports and Southern Reporter, and the Cumulative Pocket Part 1942 (West Publishing Company, St. Paul, Minnesota); (2) Mississippi Digest Annotated: A Complete Digest of All Reported Mississippi Decisions from the Earliest Times to September 2, 1911, and the Cumulative Supplement 1911-1928 (Bobbs-Merrill Company, Indianapolis, Indiana); (3) The Constitution of the State of Mississippi, annotated, with amendments to July 1, 1942, compiled by Greek L. Rice, Attorney General; and (4) a case-by-case check of the one hundred and ninety-two volumes of the Mississippi Reports of the Supreme Court, the latter supplemented by reference to the weekly pamphlet of the Southern Reporter, 2d series, Mississippi edition, to the date of writing (April, 1943). An effort has been made to secure a complete compilation of all cases involving unconstitutional legislation within the limitations set out above. The study seeks to be both factual and interpretative