Dillon and Unconstitutional HJR-NN Discharge?
As Speaker of the House, Rep. Dillon was almost certainly aware of or involved in the unconstitutional handling of Rep. Stahl's motion to discharge HJR-NN, a joint resolution to put before the voters a parent's rights amendment.
Rather than putting the motion before the entire House, as required by the Michigan Constitution, Dillon allowed the Judiciary committee to kill Representative Stahl's motion to discharge HJR-NN, violating both Michigan's Constitution and Michigan House Rules.
" Rep. Stahl moved that the Committee on Judiciary be discharged from further consideration of House Joint Resolution NN."
http://www.legislature.mi.gov/documents/2007-2008/Journal/House/htm/2008-HJ-09-09-072.htm
Michigan's constitution, covering motions to discharge from committee, reads in part:
"Each house, except as otherwise provided in this constitution, shall choose its own officers and determine the rules of its proceedings, but shall not adopt any rule that will prevent a majority of the members elected thereto and serving therein from discharging a committee from the further consideration of any measure ..."
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-Article-IV-16
Michigan House Rules are constitutionally appropriate, providing under Rule 42 for a vote to discharge among "a majority of the Members elected to and serving in the House":
"(3) Nothing in these rules shall prevent a majority of the Members elected to and
serving in the House from discharging a committee from further consideration of any measure.
(See Const 1963, Art 4 § 16) A notice of one session day shall be given of a motion to
discharge any such committee, the notice to be in writing and entered upon the House Journal. If
a committee of the House is discharged from further consideration of a bill, the bill shall be
placed on the order of Second Reading."
And further for motions to discharge must be handled each session under Rule 58:
"Always in Order; Not Debatable.
Rule 58. (1) The following motions are not debatable:
(a) Adjourn;
(b) Call of the House;
.....
(b) Discharge a committee;
...."
http://www.legislature.mi.gov/documents/publications/rules/house_rules.pdf
Yet the only responsive action was a vote in the committee that is being discharged to postpone action within that committee itself for one day.
"9/9/2008 HJ 72 Pg. 2115 motion to discharge committee postponed for day"
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=2008-HJR-NN
The vote on the motion to discharge within the Judiciary Committee itself was irrelevant to the motion to discharge, and it violated both Michigan House Rules and Michigan's Constitution.