Top Stories

The Michigan Messenger going forward

By Staff Report | 11.16.11

I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]

Colorado-based abstinence program provided false and misleading information to Michigan students

HIV-AIDS-small
By Todd A. Heywood | 11.16.11

An abstinence-only presentation provided to numerous school districts in Calhoun and Eaton Counties in October of this year provided false and misleading information to students about HIV, experts allege.

Class action lawsuit filed against MERS over unpaid taxes

foreclosure
By Todd A. Heywood | 11.15.11

Two county registers of deeds filed a class action lawsuit Monday on behalf of Michigan’s 83 counties alleging that the Mortgage Electronic Registration Services owes millions of dollars in property title transfer taxes.

Schuette fights important mercury regulations

epa_logo
By Eartha Jane Melzer | 11.14.11

Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.

Government reform referendum ruled off ballot

By Ed Brayton | 08.21.08 | 1:17 pm

A state court of appeals panel has ruled that the Reform Michigan Government Now! referendum that was slated to be on the November ballot is unconstitutional and must be removed.

The appeals court panel concluded that the reform referendum contains so many different and distinct provisions — cutting salaries of both judges and legislators, cutting the number of legislators and the number of judges, changing the way redistricting was done, removing judicial jurisdiction over redistricting, changing the absentee voting rules, forbidding former legislators from acting as lobbyists and more — that it was a “general revision” of the state constitution, something that can only be accomplished through a constitutional convention rather than a single referendum.

Article 7 of the Michigan Constitution provides the means by which the constitution may be amended and Section 2 of that article specifies citizen-initiated referendums as one way of doing so.

But Section 3 of Article 7 makes a distinction between amendments and general revisions to the constitution, which require a constitutional convention in order to accomplish.

Because this referendum includes so many major changes to multiple articles and sections of the state constitution, most of which are unrelated to the other provisions of the amendment, the court concluded that this is a general revision and requires a convention be called rather than a referendum.

Backers of the proposal vow to appeal immediately to the Michigan Supreme Court, but their chances of winning there are slim. And despite the outrage expressed by backers of the proposal, the appeals court ruling is, in my view, a correct one as a matter of law.

Comments

  • http://www.oaklandpolitics.com Chetly Zarko

    I'm pretty sure its Article 12, not Article 7, but that's off of memory and without going back to take a look.

    We agree on this one. The principle of exclusion or not rendering parts of the Constitution null would both buttress the interpretation that “general revisions” should be different from more precise “amendments”. The Court took a lot of words to defend its decision – knowing the inevitable political claims that it was only acting in its own political interests would be levied – and its only weakness was that it struggled to precisely define “general revision,” I think it was clear enough and certainly clear enough from RMGN itself that it was a major general systemwide revision, rather than an amendment. Like obscenity – you know it when you see it (for example, we all know child-pornography is obscene and should be regulatable despite the First Amendment) – this particular case was easy even though the definition isn't.

    • ebrayton

      I agree. There may not be a precise definition of “general revision” but it seems obvious enough that a referendum that changes multiple major articles of the constitution that are not directly related to each other is a general revision and not merely an amendment.

  • ebrayton

    I agree. There may not be a precise definition of “general revision” but it seems obvious enough that a referendum that changes multiple major articles of the constitution that are not directly related to each other is a general revision and not merely an amendment.

  • http://www.oaklandpolitics.com Chetly Zarko

    I'm pretty sure its Article 12, not Article 7, but that's off of memory and without going back to take a look.

    We agree on this one. The principle of exclusion or not rendering parts of the Constitution null would both buttress the interpretation that “general revisions” should be different from more precise “amendments”. The Court took a lot of words to defend its decision – knowing the inevitable political claims that it was only acting in its own political interests would be levied – and its only weakness was that it struggled to precisely define “general revision,” I think it was clear enough and certainly clear enough from RMGN itself that it was a major general systemwide revision, rather than an amendment. Like obscenity – you know it when you see it (for example, we all know child-pornography is obscene and should be regulatable despite the First Amendment) – this particular case was easy even though the definition isn't.

  • ebrayton

    I agree. There may not be a precise definition of “general revision” but it seems obvious enough that a referendum that changes multiple major articles of the constitution that are not directly related to each other is a general revision and not merely an amendment.