Isabella Carter
The Michigan Constitution has been amended several times since its creation. The Constitution of 1850 was adopted on November 5, 1850, and included major changes such as making the Secretary of State, the attorney general, the auditor general, and the Supreme Court elected rather than appointed offices. The Constitution of 1908 was adopted on November 3, 1908, after a convention of 96 delegates lasting four and a half months. More recently, in 1992, voters approved an amendment limiting the governor, lieutenant governor, secretary of state, and attorney general to two four-year terms in office. In 2010, voters approved the Kwame Amendment, which provides that a person convicted of a felony involving dishonesty, deceit, fraud, or a breach of the public trust is not eligible for election or appointment to any state or local office.
| Characteristics | Values |
|---|---|
| Date of Last Amendment | 1992 |
| Article Amended | State Constitution |
| Amendment Details | The governor, lieutenant governor, secretary of state, and attorney general are limited to two four-year terms in office |
| Previous Amendment | 1978 |
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What You'll Learn
The Constitution of 1908
Article one of the Michigan Constitution of 1908 is analogous to the United States Bill of Rights and consists of 27 sections, though it originally consisted of only 23 sections. It is similar to the declaration of rights in many other state constitutions and mirrors many of the provisions found in the Universal Declaration of Human Rights. Section one spells out how “All political power is inherent in the people.” Section two establishes the rule of law, equality before the law, and principles of non-discrimination.
Article two establishes the basic rules, procedures, and guidelines for elections in the State of Michigan. It provides that all citizens of the United States who are at least 21 years of age (though the 26th amendment to the United States Constitution lowers this to 18 years), have resided in the state for at least six months, and meet the requirements of local residence shall be entitled to vote. It also empowers the legislature to exclude people from voting because of mental incompetence or commitment to a jail or prison. It also allows the legislature to lessen these requirements for presidential elections. The article also establishes the time, place, and manner of elections.
Article three outlines some of the basics of the Michigan government, including that the state capital is Lansing and that within the government, there shall be a separation of powers into legislative, executive, and judicial branches. It also establishes a great seal and a militia, providing that law will regulate both. The article also allows the state and its subdivisions to enter into agreements with other governments, including other states, the United States, and Canada, and any subdivisions therein.
Article four establishes the legislative branch of the government as the law-making body of the state. Article five establishes the executive branch and describes the powers and qualifications of the governor and lieutenant governor. The governor is the commander-in-chief of the Michigan National Guard, has the power to grant reprieves, commutations, and pardons, and may convene the Legislature on extraordinary occasions. The lieutenant governor is the president of the state Senate and is first in the line of gubernatorial succession, followed by the secretary of state and the attorney general.
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The Kwame Amendment
The Michigan Constitution has been amended several times since its creation. One notable amendment is the "Kwame Amendment", named after former Detroit Mayor Kwame Kilpatrick. This amendment was approved by voters in 2010 and addresses eligibility requirements for holding state or local office in Michigan.
The process of amending the Michigan Constitution is outlined in Article XII. There are several methods for proposing and ratifying amendments. Section 1 allows for amendment proposals by the legislature, followed by ratification through a popular vote. On the other hand, Section 2 empowers the electorate to take the initiative by proposing amendments via petition, which are then ratified by a popular vote.
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The 1850 Constitution
Secondly, the 1850 Constitution added provisions related to local government, finance, taxation, and corporations. It also directed the state to establish an agricultural school, recognising the importance of education and the state's agricultural sector.
Another key feature of the 1850 Constitution was its focus on territorial boundaries. It clearly defined the jurisdiction of the State of Michigan, outlining its territorial boundaries and establishing the Upper Peninsula as a separate judicial district. This district, comprising several counties and islands, was entitled to a district judge and attorney, ensuring effective legal administration in the region.
Additionally, the 1850 Constitution established the basic rules and procedures for elections in Michigan. It set the eligibility criteria for voters, requiring them to be citizens of the United States, at least 21 years old (lowered to 18 by the 26th Amendment), and residents of the state for at least six months.
The constitution also outlined the structure of Michigan's government, including the separation of powers into legislative, executive, and judicial branches. The governor, as the state's executive, was granted significant powers, including the ability to initiate court proceedings to enforce compliance with constitutional or state mandates. The constitution also established the state capital in Lansing and provided for a great seal and a militia.
Overall, the 1850 Constitution played a pivotal role in shaping Michigan's governance, elections, and territorial boundaries, reflecting the state's evolving needs as it continued to grow and develop.
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1992 term limits
The Michigan Constitution has been amended several times since its creation. One notable amendment occurred in 1992, when the state's voters approved Ballot Proposal B, enacting term limits for the Michigan legislature and limiting the governor, lieutenant governor, secretary of state, and attorney general to two four-year terms in office.
This amendment was challenged in court by former lawmakers, who argued that it violated their freedom of association guaranteed under the First and Fourteenth Amendments of the U.S. Constitution. However, in 2021, Judge Janet Neff ruled against the plaintiffs, stating that they had not established that the Michigan Constitution's term limits provision violated either the federal or state constitutions. This ruling was upheld by the U.S. Sixth Circuit Court of Appeals, which agreed that it was not the court's place to intervene and that any changes would need to be made through the ballot box.
The 1992 amendment to the Michigan Constitution was not without its legal challenges. In 1995, the U.S. Supreme Court ruled that states could not impose term limits on members of Congress, invalidating Proposal B's provisions for Michigan's congressional delegation. However, the Court upheld the state-level term limits, which have been on the books for almost 30 years.
The Michigan Constitution allows for amendments to be proposed and ratified in several ways. Amendments can be proposed by the legislature and ratified by a popular vote, or the electorate can propose amendments by petition and ratify them by popular vote. This flexibility enables Michiganders to have a direct say in shaping their state's governance.
The 1992 term limits amendment demonstrates the power of direct democracy in Michigan. By approving Ballot Proposal B, voters took control of the political process and enacted limits on the terms of their lawmakers. This amendment has been upheld by federal courts and remains in force today, shaping the political landscape of the state.
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1874 women's vote defeat
Michigan's Constitution was last amended in 1992, limiting the governor, lieutenant governor, secretary of state, and attorney general to two four-year terms in office. However, in 1874, a proposal to extend the right to vote to women in Michigan was defeated.
The Michigan State Woman Suffrage Association sent a memorial to the Legislature on March 12, 1874, during a special spring session. They requested that the word "male" be removed from the state constitution, arguing that women were subject to the laws that affected their property, personal rights, and liberty, even though they had no say in their enactment. The Legislature agreed to submit a constitutional amendment to the voters, allowing women to vote, via a separate one-issue ballot marked "Woman suffrage – Yes" or "Woman suffrage – No" in the 1874 election.
This proposal, known as Michigan Proposal 1, was on the ballot as a legislatively referred constitutional amendment on November 3, 1874. It was defeated by a significant margin of 136,000 to 40,000 votes. This defeat was a setback for the women's suffrage movement in Michigan, which had been gaining momentum.
The movement continued to advocate for women's right to vote, and in 1881, a small step forward was made when the Michigan Legislature passed a law allowing all taxpayers, regardless of gender, who paid school taxes in a district to vote on school-related matters. However, the struggle for full female enfranchisement in Michigan continued, with setbacks such as the defeat of a municipal suffrage bill in 1891 by a single vote.
It wasn't until the 19th Amendment to the U.S. Constitution was ratified on August 18, 1920, that women were guaranteed the right to vote nationwide. This amendment prohibited the government from denying or abridging the right to vote based on sex. Before this federal amendment, the women's suffrage movement focused on changing state constitutions to grant women the right to vote, with fifteen states approving ballot measures for women's suffrage between 1867 and 1920.
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Frequently asked questions
Michigan's constitution was last amended in 1992.
The 1992 amendment limited the governor, lieutenant governor, secretary of state, and attorney general to two four-year terms in office.
The constitution of Michigan can be amended as often as there is a need. There are several methods to propose and ratify amendments.
