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    Who are the NERD fund donors Mr Snyder?

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    Dillon and Unconstitutional HJR-NN Discharge? (none / 0) (#1)
    by DougDante on Wed Oct 29, 2008 at 03:05:32 AM EST
    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.

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