Difference between revisions of "Michigan Constitution"

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{{cons update|Month=June 2012}}{{MIConstitution}}{{TOCnestright}}The '''Constitution of the State of Michigan''' is a [[state constitution]] and the governing document of the U.S. state of [[Michigan]]. It describes the structure and function of the state's government.
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{{MIConstitution}}{{tnr}}The '''Constitution of the State of Michigan''' is the basic governing document of [[Michigan]]. It describes the structure and function of the state's government.
  
==History==
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==Features==
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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.
  
Four constitutions have been approved by the people of Michigan. 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.
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==[[Preamble, Michigan Constitution|Preamble]]==
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: ''See also: [[Preambles to state constitutions]]''
  
==Summary==
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The preamble to the Michigan Constitution states:
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.
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*[[Article I, Michigan Constitution|Article I]] establishes the rights and liberties of the citizens of Michigan.
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*[[Article II, Michigan Constitution|Article II]] details the election process, as well as recalls and voter qualifications.
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*[[Article III, Michigan Constitution|Article III]] deals with miscellaneous provisions, such as the state seal, seat of government, and separation of powers.
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*[[Article IV, Michigan Constitution|Article IV]] establishes the legislative branch of government as the law-making body of the state.
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*[[Article V, Michigan Constitution|Article V]] establishes the executive branch and describes the powers and qualifications of the governor and lieutenant governor.
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*[[Article VI, Michigan Constitution|Article VI]] establishes the judicial branch and creates the various court systems.
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*[[Article VII, Michigan Constitution|Article VII]] concerns government at a local level.
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*[[Article VIII, Michigan Constitution|Article VIII]] establishes the public school system and also deals with some institutions of higher education.
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*[[Article IX, Michigan Constitution|Article IX]] describes the taxation process.
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*[[Article X, Michigan Constitution|Article X]] is entitled property.
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*[[Article XI, Michigan Constitution|Article XI]] concerns public officers and their employment.
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*[[Article XII, Michigan Constitution|Article XII]] describes the process for [[amending state constitutions|amending the state constitution]].
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*[[Schedule, Michigan Constitution|The Schedule]] has temporary provisions to ease the transition from territory to state.
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==Amending the constitution==
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{| style="width:40%; background:#F2F2F2; margin-top:.1em; border:.5px solid #cccccc; solid;"
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|color:#000"|
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|-
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| <center>We, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution.<ref name="mi">[http://www.legislature.mi.gov/%28S%28wjagaovonm34esn05vq42x45%29%29/mileg.aspx?page=GetObject&objectname=mcl-Constitution ''Michigan State Legislature'', "Michigan Constitution", accessed March 28, 2014]</ref></center>
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:: ''See also: [[Article XII, Michigan Constitution]], [[Amending state constitutions]]''
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==[[Article I, Michigan Constitution|Article I]]==
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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.
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==[[Article II, Michigan Constitution|Article II]]==
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Article II of the Michigan Constitution is entitled "Elections" and consists of ten sections. It details the election process, as well as [[recall]]s and [[voting in Michigan|voter qualifications]].
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==[[Article III, Michigan Constitution|Article III]]==
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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.
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==[[Article IV, Michigan Constitution|Article IV]]==
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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.
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==[[Article V, Michigan Constitution|Article V]]==
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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.
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==[[Article VI, Michigan Constitution|Article VI]]==
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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.
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 +
==[[Article VII, Michigan Constitution|Article VII]]==
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Article VII of the Michigan Constitution is entitled "Local Government" and consists of 34 sections. It concerns government at a local level.
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==[[Article VIII, Michigan Constitution|Article VIII]]==
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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.
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 +
==[[Article IX, Michigan Constitution|Article IX]]==
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Article IX of the Michigan Constitution is entitled "Finance and Taxation" and consists of 43 sections.  It describes the taxation process.
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==[[Article X, Michigan Constitution|Article X]]==
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Article X of the Michigan Constitution is entitled "Property" and consists of six sections. 
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==[[Article XI, Michigan Constitution|Article XI]]==
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Article XI of the Michigan Constitution is entitled "Public Officers and Employment" and consists of seven sections.
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==[[Article XII, Michigan Constitution|Article XII]]==
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rticle XII of the Michigan Constitution is entitled "Amendment and Revision" and consists of four sections. It describes the process for [[amending state constitutions|amending the state constitution]].
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==[[Schedule, Michigan Constitution|The Schedule]]==
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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==
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:: ''See also: [[Article XII, Michigan Constitution]] and [[Amending state constitutions]]''
  
 
The Michigan Constitution can be amended in these three ways:
 
The Michigan Constitution can be amended in these three ways:
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* Through an {{icafull}} as established in [[Article XII, Michigan Constitution#Section 2|Section 2 of Article XII]].
 
* Through an {{icafull}} as established in [[Article XII, Michigan Constitution#Section 2|Section 2 of Article XII]].
 
* Through a [[constitutional convention]] as established in [[Article XII, Michigan Constitution|Section 3 of Article XII]].  A question about whether to hold a constitutional convention is to [[Automatic ballot referral|automatically]] appear on the state's ballot every sixteen years.
 
* Through a [[constitutional convention]] as established in [[Article XII, Michigan Constitution|Section 3 of Article XII]].  A question about whether to hold a constitutional convention is to [[Automatic ballot referral|automatically]] appear on the state's ballot every sixteen years.
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==History==
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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.
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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.<ref name="law"/>
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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.
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Prior to statehood, Michigan was part of the Northwest Territory. During this period, [[Detroit, Michigan|Detroit]] was the territorial capital, and, instead of a state legislature, Michigan was governed by a unicameral body called the Territorial Council.<ref name="law">[http://www.law.udmercy.edu/index.php/law-library/research/other-research-guides/10-law-library/47-history-of-the-michigan-constitution ''UDM Law'', "History of the Michigan Constitution", accessed March 28, 2014]</ref>
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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.<ref name="law"/>
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==See also==
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[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
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* [[State constitution]]
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* [[Constitutional article]]
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* [[Constitutional amendment]]
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* [[Constitutional revision]]
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* [[Constitutional convention]]
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* [[Amendment|Amendments]]
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** [[Initiated constitutional amendment]]
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** [[Legislatively-referred constitutional amendment]]
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** [[Publication requirements for proposed state constitutional amendments]]
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** [[Rules about constitutional conventions in state constitutions]]
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** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
{{wikipedia}}
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{{submit a link}}
*[http://www.legislature.mi.gov/documents/historical/miconstitution1835.htm Constitution of 1835]
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*[http://www.legislature.mi.gov/%28S%28wjagaovonm34esn05vq42x45%29%29/mileg.aspx?page=GetObject&objectname=mcl-Constitution ''Michigan State Legislature'', "Michigan Constitution"]
*[http://www.legislature.mi.gov/documents/historical/miconstitution1850.htm Constitution of 1850]
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*[http://www.legislature.mi.gov/documents/historical/miconstitution1908.htm ''Michigan State Legislature'', "Michigan Constitution of 1908"]
*[http://www.legislature.mi.gov/documents/historical/miconstitution1908.htm Constitution of 1908]
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*[http://www.legislature.mi.gov/documents/historical/miconstitution1850.htm ''Michigan State Legislature'', "Michigan Constitution of 1850"]
*[http://www.legislature.mi.gov/documents/publications/Constitution.pdf Constitution of 1963] (PDF format)
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*[http://www.legislature.mi.gov/documents/historical/miconstitution1835.htm ''Michigan State Legislature'', "Michigan Constitution of 1835"]
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*[http://www.legislature.mi.gov/%28S%28rlntph45znnlwa45id0hg0zf%29%29/documents/historical/northwestterritory.htm ''Michigan State Legislature'', "Ordinance of 1787"]
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==Additional reading==
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*[http://www.law.udmercy.edu/index.php/law-library/research/other-research-guides/10-law-library/47-history-of-the-michigan-constitution ''UDM Law'', "History of the Michigan Constitution"]
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*[http://www.amazon.com/The-Michigan-State-Constitution-Constitutions/dp/0313265755 Fino, Susan P. (1996). ''The Michigan State Constitution: A Reference Guide'', Westport, Connecticut: Greenwood Press]
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*[http://www.michbar.org/journal/pdf/pdf4article2277.pdf ''Michigan Bar.org'', "The Michigan Constitution: An Independent Source of Legal Rights"]
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==References==
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{{reflist}}
  
 
{{Michigan Constitution}}
 
{{Michigan Constitution}}
 
{{state constitutions}}
 
{{state constitutions}}
 
{{Michigan}}
 
{{Michigan}}

Revision as of 15:52, 1 April 2014

Michigan Constitution
Seal of Michigan.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIISchedule
The Constitution of the State of Michigan is the basic governing document of Michigan. It describes the structure and function of the state's government.

Features

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.

Preamble

See also: Preambles to state constitutions

The preamble to the Michigan Constitution states:

We, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution.[1]

Article I

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 II

Article II of the Michigan Constitution is entitled "Elections" and consists of ten sections. It details the election process, as well as recalls and voter qualifications.

Article III

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

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

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

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

Article VII of the Michigan Constitution is entitled "Local Government" and consists of 34 sections. It concerns government at a local level.

Article VIII

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

Article IX of the Michigan Constitution is entitled "Finance and Taxation" and consists of 43 sections. It describes the taxation process.

Article X

Article X of the Michigan Constitution is entitled "Property" and consists of six sections.

Article XI

Article XI of the Michigan Constitution is entitled "Public Officers and Employment" and consists of seven sections.

Article XII

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

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

See also: Article XII, Michigan Constitution and Amending state constitutions

The Michigan Constitution can be amended in these three ways:

History

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.[2]

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.[2]

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.[2]

See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References