Ok, this IS NOT going to be a “My stance on Initiative 42 or 42A” post, as I do not want to project my political views onto anyone. I am using this blog to explain the differences in the current reading of Section 201, and both proposals to amend Section 201. I received my information from valid sources and not just political websites and the links to each source will be provide if you are interested in investigating yourself.
I strongly believe that before a person votes or chooses not to vote for something, he or she should be well informed. I chose to provide information about the proposed changes to Section 201, because I have had several people stop me and ask me if I knew what was the truth and what was political rumors and “mumbo jumbo”.
Please note that the changes are UNDERLINED and the current language that will no longer appear has been STRICKEN THROUGH and the current language that will remain unchanged appears NORMAL and unchanged.
SECTION 201 of the Mississippi Constitution currently reads (and has since Dec. 4, 1987) as follows:
“The Legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the Legislature may prescribe.” See MS Sec. Of State website
Initiative No. 42 Proposes that SECTION 201 to read as follows:
“Educational opportunity for public school children: To protect each child’s fundamental right to educational opportunity The Legislature the State shall, by general law, provide for the establishment, maintenance and support of an adequate and efficient system of free public schools upon such conditions and limitations as the Legislature may prescribe. The chancery courts of this State shall have the power to enforce this section with appropriate injunctive relief.” See MS Sec. of State website
Initiative No. 42 A Proposes that Section 201 to read as follows:
“The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools upon such conditions and limitations as the Legislature may prescribe.” See MS Legislature Website
Now, I am not going to tell you how to vote or my opinions, but I will point out the differences in the alternatives.
(1) The first alternative is not to vote for either one. By doing this Section 201 will remain the same and unchanged. This will require the Legislature to provide for “establishment, maintenance and support of free public schools” basically how they see fit, which is how it is now.
(2) The second alternative is to vote for Initiative 42. By doing this Section 201 will be greatly changed; the greatest change being the one that takes the enforcement and oversight from the legislature and puts it with the Chancery Courts. The second major change is it states “an adequate and efficient system“, which in my opinion, (I know I said I wasn’t going to give my opinion, but here it is anyway; take it for what it is, an opinion), leaves Section 201 open for interpretation, because what one person, or judge, finds as adequate and efficient, another may not. And the third major change is it provides in writing that a free public education is a fundamental right; which means it be placed on the same pedestal as freedom of religion, the right to bear arms, the right to marriage, and other fundamental rights.
(3) The third alternative is to vote for Initiative 42 A. By doing this Section 201 will be changed to add the terms, “of an effective system“. Therefore, the Legislature will still remain in charge of establishing, maintaining, and providing support for an effective system that promotes free public schools.
To review the options, here is the Comparison in Chart form:
| Current | Initiative 42 | Alternative 42 |
|---|---|---|
| The Legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the Legislature may prescribe. | Educational opportunity for public school children: To protect each child’s fundamental right to educational opportunity |
The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools upon such conditions and limitations as the Legislature may prescribe. |
So the main question you need to ask yourself before going to vote or not to vote on November 3, 2015 is: (1) Do you think the current system for providing and funding a public education is sufficient or not? (2) Do you want the Legislature to remain in control of developing and funding public schools or do you want the Chancery Courts to be in charge of enforcing the development and funding of public schools? and (3) consider what effect your choice will have on your children, grandchildren, great-grandchildren, nieces, nephews, and for generations to come.
Also, just one other little point, for either of these Initiatives to pass one of them MUST receive at least 40% of the vote.
I hope I have provided you with some valuable information without projecting my personal views; but I did want to give you the full facts as I have found them before you go and vote on November 3, 2015. Thank you, and if you have any questions or comments, please post them below.