At Mississippi's 1890 constitutional convention, delegates eliminated the right to vote for people convicted of felonies thought to be 'Black crimes,' a perception based largely on which crimes were prosecuted.
, said that the convention's"first duty" would be to change the state's constitution to ensure"a home government, under the control of the white people of the state," court records show. One county delegate declared that the state's government should be"for all time in the control of the white race."
The constitution that emerged barred people convicted of"bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement or bigamy," from voting. There is little disagreement that the drafters selected crimes that theyWhat's at issue in Harness v. Watson is whether the"taint" of a Jim Crow-era law can be"cured" by later amendments.
Because there is no evidence of discriminatory intent when the state revised the constitution in 1968, Mississippi has argued, the provision is in the clear. "The state's 1950 and 1968 enactments purged any taint from the 1890 law," Mississippi told the Supreme Court. In both cases, the state said,"voters approved in its entirety the new list of crimes by majority vote and without improper purpose."
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