Michigan calls for a Constitutional Convention

As this year is one of the windows of opportunity
to revise the Michigan constitution, there are calls
to do just that.

Having read the existing document I feel that the
current version is well thought out and should not
only be left alone, but ought to be enforced.

Two examples spring to mind.

The Michigan Supreme Court has been violating the
existing constitution since the 1990's by appointing
(presently) six judges to positions to which they
have not been elected, in violation of Article VI, § 27:

"Sec. 27. The supreme court, the court of appeals, the
circuit court, or any justices or judges thereof, shall
not exercise any power of appointment to public office
except as provided in this constitution."

The Headlee Amendment to the constitution prohibits the
imposition of taxes that have not been approved by the
electorate. In Michigan's Upper Peninsula most of the
municipal governments providing water bill what is
euphemistically called a "readiness to serve" charge
to properties that have their water shut off by the
municipality for any number of reasons. They try to make
believe it is a legitimate fee, but no service is being
provided and in some cases disconnection from the the
municipal water system is prohibited by ordinance.

For details of what constitutes a legitimate fee I
recommend reading the Bolt v. City of Lansing. The
court there spells out the factors that distinguish
a legitimate fee from a tax. The readiness to serve
charge fails those tests.

There are many, in this day of financial difficulties,
who would strip all taxpayer protections from the
Michigan Constitution, or introduce such changes as
would make those protections presently in place
meaningless.

The constitution, as it presently stands, is much more
than good enough. What we need is much better
enforcement of its terms.

Bill Vajk