Part Time Legislature

Unconstitutional: Great Lakes Water Authority Lease Violates Michigan Constitution

--- Absence of Enabling Legislation Clearly Violates Article III, Section 6 --- 40 Year Lease Period Clearly Violates Article VII, Section 30

GLWA Detroit Seal ImageFriday, the Great Lakes Water Authority board approved a 40 year duration lease of Detroit Water & Sewerage Department’s assets and operations outside of the city of Detroit. This approval passed by a 5 to 1 vote with only Macomb County’s representative on the GLWA board opposed. The terms of the lease subordinate the DW&SD to the GLWA, a new intergovernmental authority created out of the ashes of the City of Detroit’s bankruptcy by a Memorandum of Understanding.

This deal was constructed as a lease to evade the 1963 Michigan Constitution‘s requirement, under Article VII, Section 25, for a vote of Detroit’s electors to approve the sale of any public utility. However, by constructing the deal as a lease, the City of Detroit is essentially granting a lease franchise covering the DW&SD’s water and sewerage operations to GLWA. The 40 year term of this lease franchise clearly exceeds the 30 year maximum permitted by Article VII, Section 30 of our 1963 Constitution:Michigan Constitution of 1963 Article VII Section 30
Merriam-Webster defines a ‘franchise’ as “ the right to sell a company’s goods or services in a particular area; also, a business that is given such a right”. Exactly the nature of the GLWA lease agreement with the City of Detroit. Should you doubt that the City of Detroit constitutes a ‘company’, Merriam-Webster defines a ‘company’ as “ an association of persons for carrying on a commercial or industrial enterprise”. Exactly what DW&SD has been doing for over 100 years.

State Representative Kurt Heise (R-20th) from Plymouth has challenged the establishment of GLWA under the 1963 Michigan Constitution’s Article VII, Section 28:Michigan Constitution of 1963 Article VII Section 28
Taken together with the 1963 Michigan Constitution’s Article III, Section 5:Michigan Constitution of 1963 Article III Section 5
it establishes our Legislature’s authority over intergovernmental units. But these two sections do not unambiguously grant the Michigan legislature exclusive authority over intergovernmental units, so there is probably legal wiggle room here.  Contrary to Representative Heise’s contention, a good lawyer could make a case that the U.S. Bankruptcy Court could establish the GLWA under Article VII, Section 28 and Article III, Section 5.

However…..

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Kids, it Looks Like You’re Walking

Read: http://legislature.mi.gov/doc.aspx?2015-HB-4672

obama-smokingThank you, Sam, come again.

It’ll be a cold day in hell before I ever pay a $500 fine to those in government for smoking a legal product in a personal vehicle.

But, hey, you know what? All those liberal Republicans and their barking moonbat Progressive Left Democrat counterparts just love children to death.

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How about this for Plan “B”.

Or, the “Right Michigan Solution for Fixing Michigan Roads”.

A little bit of this and a little bit of that. Soon enough, you’ve got the makings of a pretty good framework to work within.

If you’re really a Conservative, that is.

If not…well click below for more.

{Continued below the fold}

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Coming to a City Near You…

If Ricky Snyderbama has his way, even sooner than you think.

So, American Laws for American Courts still a bad idea? Nope. Only to those who play the Diversity (All Hail Diversity!)™ pandering “too divisive” Progressive game.

moHAMmed-piss-be-upon-himTo wit, one thing needs to be addressed here as was noted not long ago with this gentleman’s newfound *friend*.

He points to his friendship with Detroit Democrat Harvey Santana as proof he doesn’t let ideology get in the way of personal relationships. (Ironically, Santana is on the outs with his own party, after he accepted a position as minority vice chair of the House Appropriations Committee, against the recommendation of minority leader Tim Greimel.)

There should be no issues with Rep. Courser wanting to emulate a cannonball in Lansing. Cannonballs are a good thing, however, loose cannons are not. Sometimes the enemy of thy enemy is just that – an enemy. It would be highly suggested to Rep. Courser to emulate former Rep. McMillan.

Do recall the unhinged lunatic who is now Rep. Courser’s newest buddy.

Treachery is never fashionable.

H/t Jihad Watch

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Cannot fix the Roads but the DNR has Advertising Money for Penske Isle

Actually, let’s rethink the title of this post. Somehow, our state government found a way for our tax dollars to fix the roads (see page 7) where Roger Penske’s and Government Motors’ crap rolls, and now the DNR has another share of $6,600 in bait monies to throw at the Nerd’s playpen and ongoing money pit.

crony-capitalismThis Saturday, 600 more vehicle owners (and their friends and family in the vehicles) will get the opportunity to explore Belle Isle Park free of charge – courtesy of the Chevrolet Detroit Belle Isle Grand Prix.

The Recreation Passport giveaway begins at 10:30 a.m. Saturday, May 23, at the White House (administrative building) lawn, located at 2 Inselruhe Avenue across from the Belle Isle Aquarium. Grand Prix officials and the Department of Natural Resources will distribute the Passports (normally priced at $11 for Michigan residents) to the owners of the first 600 Michigan-registered vehicles that currently don’t have the Recreation Passport. Complimentary Recreation Passports will be distributed through 2:30 p.m. or until 600 have been given away.

REST

Bread and circuses, folks. Bread and circuses.

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She Must Mean Terminating and Prosecuting Kirk Steudle

Well, Boobus Michiganderus in CD-12 who elected her, go ahead, explain to the rest of us what the barking moonbat is trying to convey.

Because both the Senate, and House Transportation Committees sure as hell are not doing their jobs when it comes to roads and boondoggle trains? For that matter, this guy, closely aligned with Steudle, and his *special department* sure makes a habit of stumbling around with his thumb up his ass on trains, roads, and other MI-GOP payola, too.

Flushing-MoneyBottom line. From how a rational mind reads Debbie’s brassy statement is not much different than what our state legislators are doing now: throwing more money at a problem without cutting the wasteful ineptness and blatant corruption within MDOT.

You see otherwise? Drop a comment below.

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Mackinac Policy Conference At The Grand Hotel: Protect Your Wallet!

Detroit Chamber's Mackinac Policy Conference 2015 Starts Today - You Won't Like The Outcome

Is that a donkey in front of the Grand Hotel?

Is that a donkey in front of the Grand Hotel?

Later today Michigan’s Self Very Important Persons start checking in at the Detroit Regional Chamber’s 2015 Mackinac Policy Conference held on Mackinac Island. At $ 2,150 per person for Chamber members and $ 2,925 for Chamber wannabees, average Michiganders will not be much in evidence. The attendees list reads like the last itemized contribution report for SafeRoadsYes!, along with the clueless Michigan politicians who endorsed Proposal 1.

The Detroit Regional Chamber’s “Vision and Pillars” for the 2015 Conference is innocuous enough, but the Conference’s agenda is far less oblique. A host of left luminaries and crony capitalists orbiting Michigan government will be plotting higher taxes, bigger spending, and more vexatious regulations.  When they are not drinking.

The official agenda is all about Detroit, Michigan schools, alternative business subsidies, and the roads, but there is also the transformation of Detroit Water & Sewerage Department into the Great Lakes Water Authority lurking in the background. Roads are the most interesting part of the official 2015 Conference agenda, given the near universal support for Proposal 1 amongst the attendees. Despite touting ‘vision’, expect the Conference to endorse new taxes over improved efficiencies and better engineering.

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