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General Revision of the Michigan Constitution

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General Revision of the Michigan Constitution CRC Special Report Michigan Constitutional Issues No. 360-01 A publication of the Citizens Research Council of Michigan February 2010 First in a series of papers about state constitutional issues GENERAL REVISION OF THE MICHIGAN CONSTITUTION Proposal 2010-01 on the November 2, 2010, statewide ballot will ask Michigan voters whether a constitu- tional convention should be convened for the purpose of a general revision of the state Constitution. The 1963 Michigan Constitution provides in Article XII, Section 3, that in 1978 and every 16 years thereafter the question of a general revision of the constitution shall be submitted to the electors of the state. Options for Michigan Voters Proposal 2010-01 will ask Michigan electors to as- the qualifications, elections and returns of its mem- sess how well the fundamental law of the state serves bers. The delegates will be compensated for their as a framework for efficient, accountable govern- time and to incur additional cost through the ap- ment services that meets today’s economic and so- pointment of such officers, employees, and assis- cial needs. In November, voters will choose: to con- tants as it deems necessary; printing and distribu- vene a constitutional convention to draft a revised tion of documents, journals, and proceeds; and constitution to deal in a holistic manner with issues explanations and information dissemination about the perceived to be problematic; or to allow the 1963 proposed constitution. The Constitution does not Michigan Constitution to continue in its present form. dictate the length of time that a convention can use to draft a revised constitution. If Proposal 2010-01 is approved, Article XII, Section 3 of the Michigan Constitution requires a special pri- If Proposal 2010-01 is rejected by the voters, the mary and a special election to be held within six 1963 Constitution will remain in effect. The legisla- months to select convention delegates. Michigan’s ture and voters may continue to adapt the 1963 election law provides for four elections in a calendar Constitution to future economic and social needs by year, so the elections would occur in February and offering amendments to reform specific sections June of 2011. Article XII, Section 3 of the Constitu- viewed as problematic. If the question is rejected, it tion further provides that the electors of each repre- will automatically appear on the ballot again in the sentative district (110 districts) and the electors of year 2026. each senatorial district (38 districts) shall elect one delegate to the convention. Michigan voters decided against similar ballot ques- tions in 1978 (640,286 Yes to 2,112,549 No) and The 1963 Constitution provides that the convention 1994 (777,779 Yes to 2,008,070 No). The 1963 Michi- would convene in Lansing on October 4, 2011. The gan Constitution has proven to be a living document, delegates are empowered to choose their own offic- having been amended numerous times over the 45 ers, determine the rules of proceedings and judge years since its adoption. Wholesale Revision A state constitutional convention elected by the tory with constitutional revision has tended to incre- people is free to fashion any kind of document it mentally build on existing constitutions, nothing pleases, subject only to restraints imposed by the would bind a 2011 constitutional convention to such United States Constitution as the supreme law of an approach. the land and subject, of course, to having its work Further, while a number of electors may agree upon ratified by the state’s electors. While Michigan‘s his- issues in need of constitutional reform, there are no CITIZENS RESEARCH COUNCIL OF MICHIGAN MAIN OFFICE 38777 West Six Mile Road, Suite 208 • Livonia, MI 48152-3974 • 734-542-8001 • Fax 734-542-8004 LANSING OFFICE 124 West Allegan, Suite 620 • Lansing, MI 48933-1738 • 517-485-9444 • Fax 517-485-0423 CRCMICH.ORG CRC Special Report on Michigan Constitutional Issues single, correct reforms to most of submit the results of its delibera- features commends itself to the the large and important questions tions to the state’s electors for people as a worthy instrument for that would confront a convention. approval. To merit this approval, the furtherance of effective and These are matters of opinion and a proposed revision of the con- responsible government directed judgment, and honest differences stitution must be a document that to the end of serving and promot- of view can readily be entertained. can be read and understood by ing the common good. citizens and which in meritorious In the end, a convention must The Nature and Purpose of a State Constitution The idea of a written constitution of these are so fundamental and tal objective is to establish the or- defining the structure of govern- familiar and their implications so gans of governmental power, to ment and enumerating the rights plain that they need not be de- define and distribute authority of the people as a limitation on veloped at length: among them, and to state limita- the powers of government is • That political power rests ul- tions on these powers. Secondly, deeply-rooted in Anglo-American timately in the people; the questions of direct participa- history. The adoption of the first • That the popular will is re- tion by the electors in the legisla- state constitutions preceded the flected in the constitution and tive process by means of the ref- drafting of the United States Con- in the institutions of represen- erendum and initiative and the stitution by the Philadelphia con- tative government designed mechanics of these processes re- vention of 1787 which established to serve the interests and quire attention. Finally, it may be the federal system under which welfare of the people; suggested that since the political we now operate—a system un- • That the organs of government process is such an inherent part of der which governmental power is are subject to the limitations government and the operation of divided between the federal or imposed by the people and by representative government, atten- central government and the fifty the rights retained by them; tion may well be given in the con- states of the Union. • That a constitution is funda- stitution to the roles that political mental and supreme law; and parties may play in Michigan’s state A constitution should serve the • That the courts in the exer- and local government. purpose of a fundamental organic cise of the power of judicial document: establishing, defining Apart from the electorate and the review have the responsibil- and limiting the basic organs of three branches of government, ity and the duty to uphold this power, stating general principles, the other organs or bodies that fundamental law and to and declaring the rights of the may be vested with constitutional refuse to enforce legislative people. status are public corporations. and other acts of government These may be divided into two found to be in conflict with it. American constitutionalism pre- categories: (1) municipal corpo- supposes certain basic principles In addition to these principles, a rations and other local govern- that find expression either ex- state constitution can be expected mental units including counties, pressly or impliedly in state con- to achieve a number of fundamen- townships, and metropolitan dis- stitutions as well as the constitu- tal objectives. The first fundamen- tricts and (2) public corporations tion of the United States. Some organized for specific purposes CRC Board of Directors EUGENE A. GARGARO, Jr., Chair RICK DIBARTOLOMEO DANIEL T. LIS LYNDA ROSSI JEFFREY D. BERGERON, Vice Chair TERENCE M. DONNELLY ALEKSANDRA A. MIZIOLEK JERRY E. RUSH RANDALL W. EBERTS NICK A. KHOURI, Treasurer CATHY H. NASH MICHAEL A. SEMANCO JOSEPH R. ANGILERI DAVID O. EGNER PAUL OBERMEYER TERENCE A. THOMAS, Sr. JOHN T. BOZZELLA INGRID A. GREGG AMANDA VAN DUSEN MARYBETH S. HOWE BRYAN ROOSA BETH CHAPPELL KENT J. VANA JEFFREY P. GUILFOYLE, President 2 CRC Special Report on Michigan Constitutional Issues such as the state universities. ity for funding public education. tion, would partake of a pro- With respect to both classes, the It also could affect more narrow lixity of a legal code, and questions respecting constitu- concepts, such as government could scarcely be embraced tional position and authority—in- finance, the death penalty, and by the human mind. It would cluding, in the case of those in eminent domain. probably never be under- stood by the public. Its na- the first class, the important A constitution should not be an ture, therefore, requires that questions of home rule status— only its great outlines should are matters of basic concern. elaborate document. It should be be marked, its important relatively compact and economi- objects designated, and the In addition to establishing the cal in its general arrangement and minor ingredients which structure of state government, draftsmanship. Details should be compose those objects be municipal corporations and other avoided and matters appropriate deduced from the nature of local governments, and public for legislation should not be in- the objects themselves… . corporations, alteration of a state corporated into the organic docu- In considering this question, constitution has the potential to ment. Chief Justice Marshall then, we must never forget alter the basis upon which state stated this idea in classic form in that it is a Constitution we laws and judicial decisions are the course of his famous opinion are expounding. based. Amending or revising the in McCulloch v. Maryland. Justice Cardozo stated the mat- state constitution could affect ter more succinctly: broad concepts, such as home A Constitution to contain an accurate detail of all the sub- rule for local governments, the A Constitution states or ought divisions of which its great involvement of citizens through to state not rules for the pass- powers will admit, and of all elections, initiatives, and refer- ing hour but principles for an the means by which they expanding future.
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