The Michigan State Constitution

312 Pages·2011·1.447 MB·English

by  Susan P. Fino

■ The Michigan State Constitution
Th e Oxford Commentaries on the State Constitutions of the United States
G. Alan Tarr, Series Editor
Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers
University, serves as General Editor for this important new series which in its entirety will cover
each of the 50 states. Each volume of Th e Oxford Commentaries on the State Constitutions of
the United States contains a historical overview of the state’s constitutional development, plus a
section-by-section analysis of the state’s current constitution. Other features included in the
volumes are the text of the state’s constitution, a bibliographic essay, table of cases, and index.
Th is series provides essential reference tools for those investigating state constitutional
development and constitutional law.
The Michigan State
Constitution
Susan P. Fino

the oxford commentaries on the
state constitutions of the united states
G. Alan Tarr, Series Editor
1
1
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Copyright © 2011 by Susan P. Fino
Previously published in 1996 by Greenwood Press
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Library of Congress Cataloging-in-Publication Data
Fino, Susan P., 1954-
The Michigan state constitution / Susan P. Fino.
p. cm. — (The Oxford commentaries on the state constitutions of the United States)
Includes bibliographical references and index.
ISBN 978-0-19-977908-6 ((hardback) : alk. paper)
1. Constitutional law—Michigan. 2. Constitutional history—Michigan. I. Title. II. Series.
KFM46011963.A6 F556 2011
342.77402—dc22 2011001730
______________________________________________
1 2 3 4 5 6 7 8 9
Printed in the United States of America on acid-free paper
Note to Readers
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My Sister and My Best Friend
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■ C O N T E N T S
Series Foreword by G. Alan Tarr xix
Preface xxi
P ART ONE ■ The History of the Michigan Constitution
Introduction 3
Th e Michigan Constitution in a Comparative Perspective 5
Constitutional Beginnings 6
Constitutional Revision: 1850 11
In the Wake of the Civil War 15
Constitutional Change for the Twentieth Century 17
Th e Introduction of Direct Democracy 18
Amendments to the Constitution of 1908 20
Att empts at Revision 21
Th e 1961–1962 Constitutional Convention 25
Th e Michigan Constitution of 1963 28
P ART TWO ■ The Michigan Constitution and Commentary
Preamble 33
Article I: Th e Declaration of Rights 35
Section 1. Political Power 36
Section 2. Equal Protection; Discrimination 36
Section 3. Assembly, Consultation, Instruction, Petition 40
Section 4. Freedom of Worship and Religious
Belief; Appropriations 40
Section 5. Freedom of Speech and of Press 42
Section 6. Bearing of Arms 43
Section 7. Military Power Subordinate to Civil Power 43
Section 8. Quartering of Soldiers 43
Section 9. Slavery and Involuntary Servitude 43
Section 10. Att ainder; Ex Post Facto Laws; Impairment of Contracts 44
Section 11. Searches and Seizures 45
Section 12. Habeas Corpus 47
Section 13. Conduct of Suits in Person or by Counsel 47
vii
viii ■ contents
Section 14. Jury Trials 48
Section 15. Double Jeopardy; Bailable Off enses;
Commencement of Trial if Bail Denied; Bail Hearing;
Eff ective Date 48
Section 16. Bail; Fines; Punishments; Detention of Witnesses 50
Section 17. Self-Incrimination; Due Process of Law;
Fair Treatment at Investigations 51
Section 18. Witnesses; Competency, Religious Beliefs 54
S ection 19. Libels, Truth as Defense 5 4
Section 20. Rights of Accused in Criminal Proceedings 54
Section 21. Imprisonment for Debt 57
Section 22. Treason; Defi nition, Evidence 58
Section 23. Enumeration of Rights Not to Deny Others 58
Section 24. Rights of Crime Victims; Enforcement;
Assessment against Convicted Defendants 58
Article II: Elections 61
Section 1. Qualifi cations of Electors; Residence 61
Section 2. Mental Incompetence; Imprisonment 62
Section 3. Presidential Electors; Residence 62
Section 4. Place and Manner of Elections 63
Section 5. Time of Elections 64
Section 6. Voters on Tax Limit Increases or Bond Issues 64
Section 7. Boards of Canvassers 65
Section 8. Recalls 65
Section 9. Initiative and Referendum; Limitations;
Appropriations; Petitions 66
Section 10. Limitations on Terms of Offi ce of
Members of the United States House of Representatives
and United States Senate from Michigan 69
Article III: General Government 73
Section 1. Seat of Government 73
Section 2. Separation of Powers of Government 73
Section 3. Great Seal 74
Section 4. Militia 75
Section 5. Intergovernmental Agreements;
Service by Public Offi cers and Employees 75
Section 6. Internal Improvements 76
S ection 7. Common Law and Statutes, Continuance 7 7
Section 8. Opinions on Constitutionality by Supreme Court 77
contents ■ ix
Article IV: Legislative Branch 79
Section 1. Legislative Power 79
Section 2. Senators, Number, Term 79
Section 3. Representatives, Number, Term; Contiguity of Districts 81
Section 4. Annexation or Merger with a City 82
Section 5. Island Areas, Contiguity 82
Section 6. Commission on Legislative Apportionment 82
Section 7. Legislators; Qualifi cations, Removal from District 84
Section 8. Ineligibility of Government Offi cers and Employees 84
Section 9. Civil Appointments, Ineligibility of Legislators 85
Section 10. Legislators and State Offi cers, Government
Contracts, Confl ict of Interest 86
S ection 11. Legislators Privileged from Civil Arrest
and Civil Process; Limitation; Questioning for Speech
in Either House Prohibited 86
Section 12. State Offi cers Compensation Commission 87
Section 13. Legislature; Time of Convening,
Sine Die Adjournment, Measures Carried over 88
Section 14. Quorum; Powers of Less than Quorum 89
Section 15. Legislative Council 89
Section 16. Legislature; Offi cers, Rules of Procedure,
Expulsion of Members 90
Section 17. Committ ees; Record of Votes, Public Inspection,
Notice of Hearings 91
Section 18. Journal of Proceedings; Record of Votes, Dissents 91
Section 19. Record of Votes on Elections and Advice
and Consent 91
Section 20. Open Meetings 92
Section 21. Adjournments, Limitations 92
Section 22. Bills 92
Section 23. Style of Laws 93
Section 24. Laws; Object, Title, Amendments Changing Purpose 93
Section 25. Revision and Amendment of Laws;
Title References, Publication of Entire Sections 94
Section 26. Bills; Printing, Possession, Reading, Vote on Passage 95
Section 27. Laws, Eff ective Date 95
Section 28. Bills, Subjects at Special Session 95
Section 29. Local or Special Acts 96
Section 30. Appropriations; Local or Private Purposes 96
Section 31. General Appropriation Bills; Priority,
Statement of Estimated Revenue 97
Section 32. Laws Imposing Taxes 98