Russ Latino: Addressing Legal Questions Raised About 42: Getting To The Facts

The amendment proposed by Initiative 42 adds language to Sec. 201 of the Mississippi Constitution that allows “chancery courts” in Mississippi to enforce a broad new constitutional standard for our schools—whether our schools are “adequate” and “efficient.”

The amendment simultaneously deletes two references to the Legislature, including one that authorized the Legislature to pass “general law” related to education and another that authorized the Legislature to set “conditions and limitation” related to education.

There has been a lot of confusion over the fallout of these changes. Proponents downplay the significance of the changes. Opponents have raised serious concerns about the potential implications of the changes. In this piece, I will attempt to address some of the primary talking points of proponents and show why the concerns of the opposition are valid.