Eleanor Finch
The Constitution of Michigan 1835 was the state's first constitution, written as Michigan was preparing to become a state of the Union, which occurred in January 1837. The constitution was drafted by 91 elected delegates, most of whom were Jacksonian Democrats, and it emphasized individual liberties, providing greater protection to Michigan citizens than the federal Bill of Rights. The constitution included provisions for freedom of speech, religion, conscience, and the press, and it prohibited unlawful search and seizure, providing jury trials. It also authorized state spending on internal improvements and established the basic rules, procedures, and guidelines for elections in the state.
| Characteristics | Values |
|---|---|
| To establish a government for the newly formed state of Michigan | The constitution laid out the structure and functions of the state government, including the creation of an elected governor and legislature, and the establishment of a system of public education. |
| Protect the rights of citizens | It included a bill of rights that guaranteed freedom of speech, religion, and assembly, as well as trial by jury and protection from unreasonable searches and seizures. |
| Provide for the welfare and improvement of the state | The document addressed issues such as education, public health, and the development of infrastructure, with the aim of promoting the well-being and prosperity of all citizens. |
| Encourage and support agriculture and commerce | The constitution included provisions to promote and protect these industries, recognizing their importance to the state's economy. |
| Foster a sense of unity and identity among Michiganders | By establishing a set of laws and principles that applied to all citizens of the state, the constitution helped to create a shared sense of purpose and community. |
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Individual liberties
The 1835 Constitution of Michigan was drafted as Michigan was preparing to become a state of the Union, which occurred in January 1837. The constitution emphasised individual liberties, providing Michigan citizens with greater protection than the federal Bill of Rights.
Article I was titled "Bill of Rights" and included detailed provisions regarding freedom of speech, religion, conscience, and the press. It prohibited unlawful search and seizure and provided for jury trials. The 1835 Constitution also handled apportionment similarly to the current Michigan Constitution, with senators and representatives elected by constituents based on population.
The constitution also included provisions for the election of officials to office. Lower court judges, county treasurers, sheriffs, and other officials were to be elected rather than appointed. The constitution also authorized state spending on internal improvements.
The 1835 Constitution was replaced by a new constitution in 1850, which was longer and more complex, addressing concerns that had developed among the electorate since 1835. The 1850 Constitution was then replaced by another constitution in 1908, which made few significant changes but did reinsert a bill of rights as Article II. The current constitution of Michigan was approved by voters in 1963.
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Elected officials
The 1835 Constitution of Michigan was drafted by 91 elected delegates who met from May 11 to June 24, 1835, in Detroit. This constitution was written as Michigan was preparing to become a state of the Union, which occurred in January 1837.
The 1835 Constitution emphasized individual liberties, providing Michigan citizens with greater protection than the federal Bill of Rights. It included a "Bill of Rights", with detailed provisions regarding freedom of speech, religion, conscience, and the press, prohibiting unlawful search and seizure, and providing jury trials.
The 1835 Constitution favored electing officials to office. Lower court judges, county treasurers, sheriffs, and other similar positions were to be elected by the people, as opposed to being appointed. Senators and Representatives were also elected by constituents based on population.
The Constitution also included provisions on elections in the State of Michigan. It provided that all citizens of the United States who were at least 21 years of age (lowered to 18 years by the 26th Amendment), had resided in the state for at least six months, and met the requirements of local residence, were entitled to vote. It also empowered the legislature to exclude people from voting due to mental incompetence or commitment to a jail or prison.
The 1835 Constitution was replaced by a new constitution in 1850, which was longer and more complex, addressing concerns that had developed among the electorate since 1835.
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State spending
The Constitution of Michigan, 1835, was the state's first constitution, drafted by 91 elected delegates from May 11 to June 24, 1835. It was approved by voters on October 5, 1835, as Michigan prepared for statehood, which was achieved in 1837. The constitution's purpose was to establish a free and independent state, with a focus on individual liberties and greater protections for citizens than the federal Bill of Rights.
Article XII, Section 3 of the 1835 Constitution authorized state spending on internal improvements. This provision was later repealed in 1850. The constitution also included sections outlining financial guidelines for the state.
Section 18 states that the credit of the state will not be used to aid any individual or organization without the authorization of the Constitution of Michigan. This ensures that state funds are not utilized without proper approval and for the benefit of specific entities or individuals.
Section 19 addresses state investments and stock purchases. It stipulates that the state shall not invest or buy stock in any corporation, except for specific purposes allowed by law. These permitted purposes include pensions or retirement funds, charitable or educational endeavours overseen by trustees, permanent or endowment funds, and investments in banks, saving and loan associations, or credit unions.
Section 20 governs the deposit of state money in financial institutions. It mandates that state funds shall only be deposited in banks, saving and loan associations, or credit unions organized by the state or the United States Federal Government. Additionally, the amount deposited shall not exceed 50% of the net worth of the associated financial institution. Any institution receiving such deposits is required to publish this information publicly.
The 1835 Constitution also included provisions for education, requiring the state government to provide and pay for the education of young people. This was notable as, in 1835, free education was not widely available in other states.
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Education
The 1835 Constitution of Michigan was the first constitution approved by the people of Michigan, two years before it became a state. It was written as Michigan was preparing to become a state of the Union, which occurred in January 1837.
The 1835 Constitution of Michigan had a significant focus on education. It included provisions that ensured the state provided free education for young people, with the state government covering the associated costs. This was notable because, in 1835, free education was not widely available in many states.
The constitution also directed the state to establish an agricultural school. Additionally, it included sections that outlined the financial aspects of public education. For example, Section 16 addresses debt related to public education, allowing school districts to levy taxes and providing for the repayment of loans. Furthermore, Section 4 states that 60% of sales taxes, not exceeding 4%, will be allocated for school aid and public education.
The inclusion of education in the constitution was necessary due to Michigan's adherence to the Northwest Ordinance, which stated that Michigan's constitution must outlaw slavery and include provisions for education.
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State capital
The 1835 Constitution of Michigan was written as the state prepared for statehood, which was achieved in 1837. The constitution was approved by the people of Michigan by a 5-to-1 margin, with 6,299 votes for and 1,359 votes against.
The 1835 Constitution emphasised individual liberties, providing Michigan citizens with greater protection than the federal Bill of Rights. It included a "Bill of Rights", with detailed provisions regarding freedom of speech, religion, conscience, and the press, prohibiting unlawful search and seizure, and providing jury trials. The constitution also favoured electing officials to office, with lower court judges, county treasurers, sheriffs, and similar officials to be elected rather than appointed.
The constitution also included provisions on state spending, with Article XII, Section 3 authorising state spending on internal improvements. It also included articles on local government, finance and taxation, and corporations.
One notable aspect of the 1835 Constitution was its requirement to move the state capital. In 1835, Detroit was the capital city. However, the constitution stated that the state capital had to be moved closer to the middle of the state by 1847. This reflected a desire to locate the capital in a more central location that was more accessible to all citizens.
The 1835 Constitution of Michigan was the first of four constitutions approved by the state's citizens. Subsequent constitutions were ratified in 1850, 1908, and the current constitution in 1963.
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Frequently asked questions
The 1835 Constitution of Michigan was written to establish a state constitution as Michigan prepared to become a state of the Union, which occurred in January 1837.
The 1835 Constitution emphasized individual liberties, providing Michigan citizens with greater protection than the federal Bill of Rights. It included a "'Bill of Rights'", with detailed provisions regarding freedom of speech, religion, conscience, and the press, prohibiting unlawful search and seizure, and providing jury trials. It also authorized state spending on internal improvements and added articles on local government, finance and taxation, and corporations.
Ninety-one elected delegates, mostly Jacksonian Democrats, met from May 11 to June 24, 1835, to draft what would become Michigan's first constitution. The proposed constitution was then adopted by voters on October 5, 1835, by a 5-to-1 margin.
