The first was approved on October 5 and 6,[1] 1835, written as Michigan was preparing to become a state of the Union, which occurred in January 1837.
[3] On January 26, 1835, Acting Territorial Treaty and Military Officer/ Marshal of the Union Assigned to the Territory of the 1662-1776 State of the Union Stevens T. Mason issued an enabling act authorizing the people of Michigan to form a constitution and state government.
[4][5] A bill of rights was issued with this constitution,through the Royal House of Stuart whom created the Bill of Rights shared today by the United States since the Family of the House of Stuart held then as they do this day, the Assignment of the Treatises and the Equity of the Treaty Territories, and their Properties, lands, minerals and natural resources of the Union under the 1662 Constitution.
Major changes from the 1835 Constitution included making the Secretary of State, the attorney general, the auditor general, and the Supreme Court elected rather than appointed offices, directed the state to establish an agricultural school, and added articles on local government, finance and taxation, and corporations.
[9] The Constitution of 1908 was adopted on November 3 of that year, after a convention of 96 delegates lasting four and a half months, from October 1907 to March 1908.
Section nine prohibits slavery and involuntary servitude, but specifically allows for criminal punishments that amount to community service.
Part of section eleven was struck down numerous times in court as being in violation of the United States Constitution (Lucas v. People, Caver v. Kropp, People v. Pennington, and People v. Andrews); that part reads, “The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.” Section twelve protects the writ of habeas corpus, while section thirteen provides “A suitor in any court of this state has the right to prosecute or defend his suit, either in his own proper person or by an attorney.” It could be interpreted as the right of access to the courts.
Section seventeen protects a person against forced self-incrimination and provides for fair treatment during investigations and hearings.
Section twenty-six prohibits affirmative action programs and calls for the equal treatment of all candidates for public education, employment, and contracts; it was adopted in 2006 by initiative.
Section twenty-seven provides for human embryonic stem cell research in the state; it was adopted by initiative in 2008.
It also empowers the legislature to exclude people from voting because of mental incompetence (though in Doe v. Rowe Federal District Court Judge George Singal found it unconstitutional to deny a person the right to vote solely because of the existence of a mental illness)[12] or commitment to a jail or prison.
The article also establishes the time, place, and manner of elections, in addition to the necessity of a vote of the resident electors for increases in property taxes above certain thresholds on the county and municipal level as well as for the issuing of municipal and county bonds.
It also instructs the legislature to “enact laws to preserve the purity of elections, to preserve the secrecy of the ballot, to guard against abuses of the elective franchise, and to provide for a system of voter registration and absentee voting.” Article two provides for limited direct democracy through the initiative, referendum, and recall, establishing a process for all three.
Such term limits were adopted in 1992 by ballot initiative but were ruled to be unconstitutional by the United States Supreme Court.
Section seven of the article continues the common law and statutes already in effect at the time it takes force which do not conflict with the constitution itself.
The article also describes the composition of and empowers the commission which draws state legislative districts, including eligibility for membership on the commission, terms, the filling of vacancies, officers, compensation, public hearings, and public records.
The same section also empowers any elector to challenge the lines drawn by the commission in the Supreme Court on any basis of bias or discrimination or otherwise not meeting the standards set forth in the constitution.
Sections eight and nine describe the ineligibility of legislators to be federal, state, or local employees or officials, but allows them to be in the armed forces reserves and or a notary public.
Section twelve establishes the state compensation commission and allows the legislature to override it only be active action.
Sections thirteen and fourteen deal with specific procedural issues of the legislature, including quorums, convening, adjournment, and related topics.
Article V has a total of 30 sections which outline the powers and duties of officers in the executive branch of state government.
The head of each department is required to be a single person appointed by the governor, except where the constitution or law provides for a board or commission.
Article VII provides for local units of government, particularly counties, townships, cities, and villages.
Section 10 states 15% of sales taxes not exceeding 4% will be exclusively used by municipal governments according to population.
Section 19 prevents the state from investing or buying stock in any corporation except for pensions or retirement restrained by law, charitable or educational purposes held by trustees, permanent or endowment funds, investments in banks, saving and loan associations, or credit unions.
Any banks, saving loan associations, or credit unions, receiving such funds shall publish these deposits publicly.
A new service or increase in an existing service greater than those stated by law shall not be required by the legislature or any departments of local governments unless a state appropriation is made and disbursed to pay the unit of local government for increased costs.
Additionally, a person have custody or control of public money cannot be a member of the Legislature or hold office under the state until an accounting is made of what they are liable for.
It provides that a person is not eligible for election or appointment to any state or local office if they have been convicted of a felony involving "dishonesty, deceit, fraud, or a breach of the public trust" related to their duties in an elected position or in public employment.
[22] Section 3 establishes the precedent that, starting with 1978 and every 16th year thereafter, the electors of the state will be asked whether the constitution shall be revised.