It has rarely been used in Mississippi - never in a landmark way - but Mississippi voters have a direct way to amend the Constitution.
Called initiative and referendum, today's process was born in 1993.
Two Mississippians, Bill Luckett of Clarksdale and Rory Reardon of Jackson want to try it. They have taken the first step by filing with the Secretary of State to establish a variable tax rate on cigarettes.
They have 18 enumerated steps to go - the most challenging of which will be obtaining the signatures of 90,000 registered voters on petitions, each of which must be on the front (only) of letter-size forms verified by the circuit clerks in 82 Mississippi counties and must be balanced by congressional districts statewide.
The history of "I&R" in Mississippi is checkered.
On one hand, the 1890 Constitution has always commanded that there will be a way for the people to amend the Constitution without any action needed by the governor, the Legislature or the courts. But on the other the Legislature has taken great pains to make sure changing the Constitution is about as far from a cakewalk as it can be. The procedural pitfalls are almost too many to count.
Two illustrations:
• Assuming petitions are received, reviewed and pass muster, the Legislature must have a chance to have a say on the wording. If lawmakers don't like what petitioners want, the Legislature can offer an amendment containing the wording that lawmakers prefer.
• Initiatives go on ballots during state elections. The next one is in 2011. If they pass, they still aren't valid unless at least 40 percent of the people voting in the biggest race of the day also make it to the bottom of the ballot and vote "yes" or "no" on the initiative.
The biggest test for I&R in Mississippi came 12 years ago. Term-limits fever was sweeping America and there was a groundswell of enthusiasm for "two and out" here. But as voting day approached, there was a lot of confusion about the wording. Yes, a two-term limit would apply to governors and legislators - but what about mayors, school superintendents, tourism committee members or college presidents and football coaches hired on state contracts?
There was enough doubt, fabricated or not, for voters to say "no," and the initiative failed.
Still, lawmakers didn't much like that the process came as close to nicking their whiskers as it did. And the process is even more obfuscated now.
Luckett, an attorney and restaurant owner, and Reardon, an advertising executive, are undaunted.
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