Eleanor Finch
Michigan has had four constitutions, the most recent of which was approved by voters in 1963. The first constitution was approved on October 5 and 6, 1835, as Michigan was preparing to become a state, which it achieved in 1837. The second and third constitutions were ratified in 1850 and 1908, respectively.
| Characteristics | Values |
|---|---|
| Date of signing | 1963 |
| Previous constitutions | 1835, 1850, 1908 |
| Number of amendments | 39 |
| Date of most recent amendments | November 8, 2022 |
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What You'll Learn
Michigan's constitution history
The Constitution of Michigan is the governing document of the US state of Michigan. It outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Michigan has had four constitutions, with the current one being approved by voters and adopted in 1963.
The first constitution was approved on October 5 and 6, 1835, as Michigan was preparing to become a state, which occurred in January 1837. This constitution allowed Michigan to become a state and established a bill of rights, among other things. It was drafted by 91 elected delegates, most of whom were Jacksonian Democrats, farmers, or tradesmen, with some east coast academics also participating. They borrowed heavily from the language of other state constitutions, particularly those of New York and Connecticut.
The second constitution was ratified in 1850. This constitution dispensed with the separate bill of rights included in the 1835 constitution, relegating important liberties to the status of miscellany. It also added articles on local government, finance and taxation, and corporations.
The third constitution was adopted in 1908. It was adopted on November 3, 1908, after a convention of 96 delegates lasting four and a half months, from October 1907 to March 1908. This constitution reinserted a bill of rights as Article II and gave women property owners the vote on certain tax or bond matters, although it did not fully enfranchise women.
The current constitution of Michigan was approved by voters and adopted in 1963. It has been amended 39 times, with the most recent amendments being approved by voters on November 8, 2022. It consists of 12 articles, including the "Declaration of Rights," "Elections," "General Government," "Legislative Branch," "Executive Branch," "Judicial Branch," and "Local Government."
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The 1963 constitution
The current Michigan Constitution, approved by voters in 1963, is the governing document of the state of Michigan. It is the state's fourth constitution, following the previous three approved in 1835, 1850, and 1908. The 1963 Constitution was adopted 5 years after Michigan held a convention in 1957, where voters rejected the resulting constitution.
Article Two, consisting of 10 sections, outlines the rules, procedures, and guidelines for elections in Michigan. It establishes the basic requirements for voting, including age, residency, and mental competence. Article Two also empowers the legislature to lessen these requirements for presidential elections.
Article Three, consisting of eight sections, outlines the basics of the Michigan government, including the state capital, Lansing, and the separation of powers into legislative, executive, and judicial branches. It also establishes a great seal and a militia and allows the state to enter into agreements with other governments.
Article Four, consisting of 54 sections, establishes the legislative branch of the government as the law-making body of the state. Article Five, consisting of 30 sections, establishes the executive branch and describes the powers and qualifications of the governor and lieutenant governor. Article Six, also consisting of 30 sections, establishes the judicial branch and creates the various court systems. Article Seven, consisting of 34 sections, deals with local government.
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The 1835 constitution
Article I of the 1835 Constitution was titled "Bill of Rights" and included 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 other similar positions being elected. The 1835 Constitution also handled apportionment similarly to the current Michigan Constitution, with senators and representatives being elected by constituents based on population.
In addition to the emphasis on individual liberties, the 1835 Constitution also included several other notable provisions. It authorised state spending on internal improvements, established a great seal and a militia, and provided that law would regulate both. The constitution also allowed the state and its subdivisions to enter into agreements with other governments, including other states, the United States, Canada, and any subdivisions therein.
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![The Revised Constitution of the State of Michigan, Adopted in Convention, August 15, 1850. 1850 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
The 1850 and 1908 constitutions
The people of Michigan have approved four constitutions, with the first being approved on October 5 and 6, 1835, as Michigan was preparing to become a state, which occurred in January 1837. The subsequent two constitutions were ratified in 1850 and 1908, with the current constitution being approved by voters in 1963.
The 1850 Constitution
The 1850 Constitution was drafted in response to the economic crisis of 1837, which was caused by Michigan's internal improvements program. The drafters included a provision requiring voter approval for any changes to banking regulations. They also added a provision forbidding state involvement in internal improvements. The 1850 Constitution did not include a separate bill of rights, instead relegating important liberties to the status of miscellany.
The 1908 Constitution
The 1908 Constitution was adopted on November 3, 1908, after a convention of 96 delegates lasting four and a half months, from October 1907. It was called for by Fred M. Warner, the Republican governor of Michigan from 1905 to 1911, who wanted a new constitution for the new century. The 1908 Constitution reinserted a bill of rights as Article II, addressing important liberties that had been omitted in the 1850 Constitution. It also gave women property owners the vote on certain tax or bond matters, although it did not fully enfranchise women.
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Amendments and voting
Michigan's constitution has been amended 39 times, with the most recent amendments being approved on November 8, 2022.
The Michigan Constitution is the state's fundamental document, outlining its framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The current constitution was approved by voters in 1963 and has been amended several times since then.
The process of amending the Michigan Constitution involves either a citizen-initiated or a legislatively referred constitutional amendment. For a citizen-initiated amendment, citizens propose an amendment by gathering a number of signatures equal to 10% of the votes cast in the last gubernatorial election. The amendment then requires a simple majority vote for approval. On the other hand, a legislatively referred constitutional amendment requires a two-thirds vote during one legislative session to be placed on the ballot, amounting to a minimum of 74 votes in the Michigan House of Representatives and 26 votes in the Michigan State Senate. Amendments do not need the governor's signature to be referred to the ballot.
The 2022 amendments, known as Proposal 2, added several voting and election policies to the Michigan Constitution, including early voting, and the requirement for voters to show identification or sign an affidavit when voting in person. Proposal 2 also clarified the powers of the Board of State Canvassers, stating that voters determine election outcomes, and the Board is responsible for certifying election results based on specific criteria and supervising recounts. Additionally, Proposal 2 provided citizens with the right to take legal action to enforce their voting rights.
Another amendment, Proposal 1, amended Article IV of the Michigan Constitution, changing term limit provisions for state legislators and requiring certain financial disclosures by state elected officials. This addressed Michigan's lack of transparency by prohibiting state officials and legislators from having conflicting interests in state contracts and mandating annual financial disclosure reports.
The Michigan Constitution has a long history of amendments, with the 1992 amendment limiting the governor, lieutenant governor, secretary of state, and attorney general to two four-year terms in office. The 1963 constitution also repealed a section from the 1906 constitution that gave women property owners the vote on specific tax or bond matters, fully recognising the 19th Amendment's right to vote for women.
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Frequently asked questions
Michigan's most recent constitution was approved by voters and signed in 1963.
Michigan has had four constitutions in total. The first was approved in 1835, the second in 1850, the third in 1908, and the fourth in 1963.
The Michigan Constitution is the state constitution of Michigan. It outlines the state's framework for governance, including the powers, structure, and limitations of the state government, as well as individual and civil rights.
