Michigan State Constitution
| Constitution of the State of Michigan of 1963 | |
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| Created | August 1, 1962 |
| Ratified | June 20, 1963 |
| Location | Library of Michigan |
| Author(s) | Michigan Constitutional Convention of 1961 |
| Purpose | To replace the Michigan Constitution of 1908 |
The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government.
There have been four constitutions approved by the people of Michigan. The first was approved on October 5 and 6, 1835, written as Michigan was preparing to become a state of the Union, which occurred in January 1837. Subsequent constitutions were ratified in 1850 and 1908. The current constitution was approved by voters in 1963.
On January 26, 1835, Acting Territorial Governor Stevens T. Mason issued an enabling act authorizing the people of Michigan to form a constitution and state government. The Michigan Territorial Council, the unicameral governing body of the Michigan Territory called a constitutional convention in anticipation of statehood. The convention lasted until June 24, and the proposed constitution was adopted by the voters on October 5, 1835, by a 5-to-1 margin. A bill of rights was included in this constitution, though suffrage was granted only to white males over age 21. The constitution established a superintendent of public instruction, an office which still exists today, and the Secretary of State and the Attorney General, as well as the auditor general and the justices of the Supreme Court were to be appointed, not elected.
The Constitution of 1850 was adopted November 5, 1850, after a convention lasting two and a half months. Major changes from the 1835 Constitution included making the Secretary of State, the attorney general, the auditor general, and the Supreme Court elected rather than appointed offices, directed the state to establish an agricultural school, and added articles on local government, finance and taxation, and corporations. It also added the provision that the question of a general revision of the constitution be submitted at the general election every 16 years.
The Constitution of 1908 was adopted on November 3 of that year, after a convention of 96 delegates lasting four and a half months, from October 1907 to March 1908.
Article one of the Michigan Constitution is analogous to the United States Bill of Rights and consists of 27 sections, though originally consisting of only 23 sections when the current constitution was adopted in 1963. 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. Section three describes the rights of assembly, consultation, instruction, and petition; the rights of association and protest can also be derived from this section. Section four establishes the freedom of religion by saying, “Every person shall be at liberty to worship God according to the dictates of his own conscience.” Section five protects the freedom of speech and the freedom of press. Section six consists of the right to bear arms.
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