Contact: Bettie Buss
734-542-8001

CRC's Con-Con Series Analyzes Article III - General Government

The sixth in the Citizens Research Council of Michigan's series of papers about state constitutional issues focuses on General Government -- Article III of the 1963 Michigan Constitution.

Most of Article III contains provisions relating to the general structure of the state government, including designation of a state capital, separation of powers into three branches, and authorization for the governor and legislature to ask the opinion of the state supreme court on important questions of law.

Should a constitutional convention be convened, it would examine the provisions of Article III, General Government. Among the eight sections in Article III are three that are of special interest from a public policy perspective (and one of those only because of the use of the word "militia," the popular association of which has changed over time).

Section 4 provides that "The militia shall be organized, equipped and disciplined as provided by law." A constitutional convention could clarify the language of Article III, Section 4 to identify the Michigan National Guard as this state's militia.

Section 5 allows the state and local governments to enter into agreements with other states, the United States, Canada, or their political subdivisions, for the performance, financing, or execution of their functions, subject to other provisions of the constitution and general law.

Section 6 prohibits the state from participating in internal improvements, except as provided by law. Michigan continues to be one of many states with constitutions that include an internal improvements clause, which limits the state's ability to engage in capital projects. Judicial interpretations of states' internal improvements clauses are based on "essential" government purposes, "predominantly" governmental purposes, or other defining terms.

While the exception provided allows projects that receive legislative approval, the constitutional convention may wish to review the internal improvements clause to determine whether the conditions that justified the prohibition are still persuasive, and whether there are better approaches to protect taxpayers and ensure provision of modern infrastructure (e.g. high speed Internet connections) that is necessary to economic competitiveness and prosperity.

"With the state involved the public infrastructure in so many ways - roads, waterways and ports, buildings, broadband, etc. - is it realistic to continue to include such a prohibition in the state constitution?" asked Bettie Buss, a Senior Research Associate.

In looking at each article of the Michigan Constitution, CRC takes no position on the question of calling a constitutional convention. It is hoped that examination of the matters identified in this paper will promote discussion of vital constitutional issues and assist citizens in deliberations on the question of calling a constitutional convention.

Article III -- General Government can be accessed at www.crcmich.org/PUBLICAT/2010s/2010/rpt36006.html. The series of constitutional issues papers is being released on roughly a bi-weekly schedule and can be accessed at www.crcmich.org/election.

The Citizens Research Council of Michigan is a private, nonprofit public affairs research organization, founded in 1916 to analyze issues pertaining to state and local government organization and finance in Michigan.