|I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • Schedule|
- 1 Features
- 2 Preamble
- 3 Article I
- 4 Article II
- 5 Article III
- 6 Article IV
- 7 Article V
- 8 Article VI
- 9 Article VII
- 10 Article VIII
- 11 Article IX
- 12 Article X
- 13 Article XI
- 14 Article XII
- 15 The Schedule
- 16 Amending the constitution
- 17 History
- 18 See also
- 19 External links
- 20 Additional reading
- 21 References
The current constitution contains a preamble followed by 12 sections. There is also a schedule at the end, to ease transition from territory to state.
- See also: Preambles to state constitutions
The preamble to the Michigan Constitution states:
Article I of the Michigan Constitution is entitled "Declaration of Rights" and consists of 27 sections. It establishes the rights and liberties of the citizens of Michigan.
Article III of the Michigan Constitution is entitled "General Government" and consists of eight sections. It deals with miscellaneous provisions, such as the state seal, seat of government and separation of powers.
Article IV of the Michigan Constitution is entitled "Legislative Branch" and consists of 54 sections. It establishes the legislative branch of government as the law-making body of the state.
Article V of the Michigan Constitution is entitled "Executive Branch" and consists of 30 sections. It establishes the executive branch and describes the powers and qualifications of the governor and lieutenant governor.
Article VI of the Michigan Constitution is entitled "Judicial Branch" and consists of 30 sections. It establishes the judicial branch and creates the various court systems.
Article VII of the Michigan Constitution is entitled "Local Government" and consists of 34 sections. It concerns government at a local level.
Article VIII of the Michigan Constitution is entitled "Education" and consists of four sections. It establishes the public school system and also deals with some institutions of higher education.
Article IX of the Michigan Constitution is entitled "Finance and Taxation" and consists of 43 sections. It describes the taxation process.
Article X of the Michigan Constitution is entitled "Property" and consists of six sections.
Article XI of the Michigan Constitution is entitled "Public Officers and Employment" and consists of seven sections.
rticle XII of the Michigan Constitution is entitled "Amendment and Revision" and consists of four sections. It describes the process for amending the state constitution.
The "Schedule and Temporary Provisions" article of the Michigan Constitution has 16 sections. It has temporary provisions to ease the transition from territory to state.
Amending the constitution
The Michigan Constitution can be amended in these three ways:
- Through a legislatively-referred constitutional amendment as established in Section 2 of Article XII. These can be proposed in either chamber of the Michigan State Legislature. Proposed amendments must be agreed to by 2/3rds of the members elected to and serving in each house.
- Through an initiated constitutional amendment as established in Section 2 of Article XII.
- Through a constitutional convention as established in Section 3 of Article XII. A question about whether to hold a constitutional convention is to automatically appear on the state's ballot every sixteen years.
Over the years, Michigan voters have approved a total of four constitutions. The first, in 1835, was written as Michigan prepared to become a state of the Union, which occurred in 1837. The current constitution was approved by voters in 1963. Two other proposed constitutions were rejected by voters in 1868 and 1874.
Michigan’s fours constitutions have all created or maintained three branches of government in the state: executive, legislative, and judicial. They have all established or maintained a bicameral legislature. Michigan’s constitutions have all provided the state with a bill of rights, in some form or another, enumerating state citizens’ individual rights and liberties.
In addition, the Michigan constitutions are democratic documents. Each was drafted by elected delegates and enacted by a vote of the state electorate. Moreover, except for court decisions finding provisions of a Michigan Constitution unconstitutional, nothing in a Michigan Constitution may be changed without voter approval.
Prior to statehood, Michigan was part of the Northwest Territory. During this period, Detroit was the territorial capital, and, instead of a state legislature, Michigan was governed by a unicameral body called the Territorial Council.
The Ordinance of 1787 was drafted as a "forever [and] unalterable" "compact between the original states, and the people and states in the said territory." It promised regions in the Northwest Territory future statehood. It also provided for religious freedom and protections such as due process and the writ of habeas corpus. The Ordinance of 1787 also prohibited slavery and cruel and unusual punishment.
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Michigan State Legislature, "Michigan Constitution"
- Michigan State Legislature, "Michigan Constitution of 1908"
- Michigan State Legislature, "Michigan Constitution of 1850"
- Michigan State Legislature, "Michigan Constitution of 1835"
- Michigan State Legislature, "Ordinance of 1787"
- UDM Law, "History of the Michigan Constitution"
- Fino, Susan P. (1996). The Michigan State Constitution: A Reference Guide, Westport, Connecticut: Greenwood Press
- Michigan Bar.org, "The Michigan Constitution: An Independent Source of Legal Rights"