A Letter to Michigan Governor Rick Snyder
Governor Rick Snyder:
I would ask you to block any legislation from the Michigan Lame Duck Legislature which would overturn the will of the constituents as determined through the November 6th vote or endorsed by petition and thereby blocked from being placed on the ballot due to deliberate legislative action passing it in the Michigan House and Senate pre-November 6th. As you already know proposals passed through elections require a two-thirds legislative vote to overturn them or alter.
It bothers me to have to write to you and urge you to block something which will subvert the will of your constituents in favor of a political party and which should also be very apparent to our State Senators and Representatives. I should not have to pen this email to you as they should know by now which is the more important of the two choices . . . we the constituents who they “should represent” in the Michigan State House/Senate or a gaggle of special interests such as big business, PACs funded by the Koch Brothers etc., or the 1% of the Household Taxpayers making greater than $500,000 annually in income. It was far greater than 51% of those who voted favorably in this last election for the proposals. It was those who also signed petitions to place other proposals on the ballot which were deliberately blocked and passed by legislative action in the State Legislature so they could later be overturned or changed in Lame Duck session. Do not allow the Legislature to:
– Change the intent of the Michigan One Fair Wage initiative by delaying and diminishing an increase in the minimum wage, something which came about as a result of a constituent Initiative.
– Change the intent of the Michigan Time To Care initiative by delaying and decreasing the amount of a worker’s earned sick leave, something which came about as a result of a constituent Initiative.
– Weaken the authority of the Michigan State Attorney General to bring suit or interfere with the Michigan Courts.
– Weaken the authority of the Secretary of State in monitoring elections and associated practices within Michigan.
– Block the new, popularly elected, State of Michigan Governor by diminishing the authority of the position making it less than what it is today under yourself.
I am adding my voice to the tens of thousands in Michigan calling upon you to act responsibility in representing us the constituents of your state and veto any and all changes to the recent proposals passed through a vote and those deliberately passed through legislative action (to be overturned after the election) before the November 6th election and endorsed by petition.
Thank you for your time and consideration.
Regards,
run75441
Is there anything in the Michigan constitution prohibiting this action by the legislature?
Jack:
Not that I am aware of today. If some of them (minimum wage and paid time off, etc.) were voted on in proposals the legislature would need 2/3 vote to change or cancel them.
Jack:
Do you remember Laurence Tribe? Here are some of his thoughts on the issue of one legislative branch dictating to another legislative branch.
He told the Michigan Advance that a GOP plan to move campaign finance oversight from the secretary of state’s office to a proposed commission and another that would allow the Legislature to name itself as an intervening party in court cases might violate the state Constitution.
“I think a compelling argument can be made that the attempt by the Michigan Legislature to restructure the State’s system of government in response to the Democratic victories in the elections for executive branch officials violates the letter and spirit of that bedrock provision of the Michigan Constitution,” Tribe wrote in an email.
“The newly elected governor and attorney general clearly have standing in state court to make that argument and to seek appropriate judicial relief,” he continued.
Tribe noted Article III § 2 of the 1963 Michigan Constitution states:
“The powers of government are divided into three branches: legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this constitution.”
The rest can be read here: https://www.michiganadvance.com/blog/harvard-law-professor-gop-power-plays-may-be-unconstitutional/?fbclid=IwAR0SGEAPmACDcUI6Ozeeg8BlxPNKLEZ3jWCCKdvwpNHeE4tJJWvH3c_UvNs
I have read that a legal approach is the co-equal power argument. That the legislature is imposing/taking power it is not entitled to.
I guess we’ll see. I hold out no hope that protesting of the people will stop it. It’s not effected them in the past.
Was it MI or WI that sent the police after the dems to bring them back a few years ago?
Daniel:
It was Wisconsin.
They are protesting in Lansing as I write this. I have remodelers over otherwise I would be there also. Almost forgot the appointment as our Democratic County Chair put out a call for protesters.
The problem with the co-equal power argument is that it needs a constitutional provision to make it enforceable. Otherwise, the legislature can pretty much do what it wants. I’m curious about the arguments they’ll try to make in Wisconsin for the same reason.