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Bill Schuette doesn't understand what a constitution is

by: Eric B.

Sat Aug 04, 2012 at 10:54:10 AM EDT


A troubling revelation if Bill Schuette were actually the state's attorney general, instead of a full-time candidate for the GOP's 2018 gubernatorial nomination.

“The legal reality gives rise to the question that the governor has posed: Is the Board of Canvassers legally obligated to place an unconstitutional proposal on the ballot? As common sense would suggest, the answer is no.”

The problem is that the ballot proposal in question is a constitutional amendment. It can't be unconstitutional, because it would be incorporated into the constitution. If you don't understand this to be the actual "legal reality" of a constitutional amendment, then you probably don't have any business being a state's attorney general.

It also has to be noted that the MLive reporter in question doesn't at all mention this in his article.

Eric B. :: Bill Schuette doesn't understand what a constitution is
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Well...
If there were a constitutional provision limiting the scope of proposed constitutional amendments, he might have a point, but there's not, so as usual he's blowing smoke.

Even that, you can change it...
The whole point of amending the constitution is to make constitutional stuff that previously was unconstitutional. If what you wanted to amend the constitution to include was already constitutional, you wouldn't need to amend it. If there was a section outlining how the constitution could be amended, you could still amend that to either increase or constrain the scope of proposed amendments.

Among the Trees

[ Parent ]
I agree with you...
But in addition to making constitutional stuff that previously was unconstitutional (or alternatively making unconstitutional stuff that previously was constitutional), an amendment could be passed to clarify the constitutional status of a law. Arguably, at the time of the election of 2004, Michigan's statutory prohibition on same-sex marriage was presumptively constitutional (no court had ruled otherwise), so one purpose of Proposal 04-2 was to clarify the will of the people regarding marriage (I know it was about lots more than that, but work with me here).

Schuette is just throwing up a bunch of chaff by declaring that you can't possibly detail all of the implications of an amendment in 100 words. When has the ballot summary for an amendment ever gone into that kind of detail? The summary is just that, a summary. Did the summary for Proposal 04-2 say that it would make partner benefits for public employees illegal (that's a rhetorical question)?

In any event, there are no constitutional restrictions on amendments in Michigan, so I can't conceive of an unconstitutional constitutional amendment in this state. Schuette (and Snyder) are just trying to run out the clock by getting the issue taken into the courts in the hope that a decision would come after the deadline for printing ballots.


[ Parent ]

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