In the 2015 Legislative Session, the legislature utilized its Constitutional power to pass an alternative amendment to counter Initiative 42. The objective of Alternative Measure No. 42A is to better education. The ballot summary reads, ““This constitutional amendment is proposed as a legislative alternative measure to Initiative Measure No. 42 and would require the Legislature to provide, by general law, for the establishment, maintenance and support of an effective system of free public schools.”
According to Representative Greg Snowden, speaker pro tempore of the Mississippi House of Representatives, Alternative 42A was formed because the legislature believed the people supporting Initiative 42 were concealing their true intentions.
“The folks that are proposing Initiative 42 were not shooting straight with the people about what they are really doing,” said Snowden.
Snowden said Alternative 42A focuses on effectiveness of free public schooling instead of funding as Initiative 42 does.
“Alternative 42A is based on output and is outcome based. It will look at the outputs, see how well the programs are working, not by how much is being spent but by the effectiveness of the system,” said Snowden.
The vote for Initiative 42 and Alternative 42 is on Nov. 3, and as the day approaches members from sides of the issue continue to reach out to the public.
Thirty lawyers professors and attorneys wrote an open letter regarding Initiative 42 and the role of courts in its implementation showing their concern towards what they see as flaws in arguments against Initiative 42.
“As law professors and attorneys, we could not in good conscience remain silent in the face of gross misstatements of the law regarding a matter of such importance,” said Desiree Hensley, Associate Professor at the University of Mississippi School of Law. “Regardless of how people vote on Initiative 42, it is our hope that this clarification will enable Mississippians to make informed decisions based on an accurate understanding of the role that judges and courts will play in the process,” said Hensley.
The professors and lawyers believe many of the common arguments against Initiative 42 are the result of miscommunication about how the legal process works.
One argument against Initiative 42 entails it would enable one judge to have authority over deciding education spending. However, proponents of Initiative 42 state a judge would only have such authority if a citizen filed a lawsuit, as is already the case with most aspects of state government.
The open letter reads, “The authority to regulate the Legislature and the State is in the Mississippi people, not in the courts. If 42 passes, it will be the people themselves who are regulating the Legislature and State. The people have a clear right to control their government through constitutional amendment and have done so before.”
Joe Nosef, chairman of Mississippi republican party as well as Governor Phil Bryant, Lt Governor Tate Reeves and Speaker Philip Gunn held a series of press conferences Thursday to explain why Initiative 42 is bad for Mississippi’s future.
“Initiative 42 might seem like good politics to get out the vote for the Democrat Party but it’s awful policy. At its core, this effort is not about education even for Democrats. They believe it is a way around the Republican-controlled Legislature, a way around their losing elections and a way around Democrats not being in control of the process anymore,” Nosef said.
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Lawmakers, citizens mix opinions on Initiative 42
Emmalyne Kwasny
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October 22, 2015
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