Tag Archive for Constitutionality

Elections, Michigan, Michigan Politics, Opinion, Philosophy, Religious Freedom, Republicans

Voters Not Politicians?

by  •  • 8 Comments

The result could not be even remotely legal, so how can the proposal go forward?

The name “Puppets not People.” Would be more apt.

Proposal 2 of 2018 is one of the most bizarre creations to be tested before the voting public. Several pages of changes to our state constitution without the benefit of a convention, and a significant change to state government through a vote where maybe TWO or THREE percent of voters will have a full understanding of the changes being made.

The Michigan Supreme Court failed miserably in stopping what amounts to a coup of Michigan’s constitution. It should immediately review and recall its decision, or face future docket challenges it cannot meet.

The mess this proposal will create is undeniable.  Literally prepared for court battles, the proposal inserts language into our constitution that authorizes the commission to ‘prosecute’ the legislature for financial ability to defend itself against expected redistricting challenges.  What this means is that unlimited taxpayer dollars will be used to fend off any taxpayer disagreements with whatever crazy apportionment happens.

This ‘clever’ bit of political takeover quite frankly takes the power AWAY from the people of Michigan.  The Orwellian name ‘voters not politicians’ gives certain political influences (through social media and misinformation) more of a permanent grasp on the political mechanics, with little or no chance for timely corrections.

READ MORE ►

You Betcha! (19)Nuh Uh.(3)

Michigan, Opinion, Taxes

No Dummy, It’s Not a “Michigan” Problem

by  •  • 8 Comments

Those of us with wells and septic fields who are not within those corrupt systems and their deadbeats have no responsibility to pay one cent into their problem. None.

If Chad had a brain I suspect he’d take it out and play with it. Regurgitating AP propaganda is not “news”.

You Betcha! (14)Nuh Uh.(0)

All the Other Stuff, Conservative News, Cronyism, Democrats, Detroit, Fees, Flint Water Fiasco, Michigan, Michigan Politics, Part Time Legislature, Rent Seeking, Republicans, Taxes

Unconstitutional: Great Lakes Water Authority Lease Violates Michigan Constitution

by  •  • 8 Comments

--- 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…..

READ MORE ►

You Betcha! (17)Nuh Uh.(1)

Michigan, Michigan Politics, Rent Seeking

Unconstitutionality Of Energy Mandates

by  •  • 0 Comments

Conveniently, the bigger power concerns in the state capitulated to ridiculous 10% energy mandates during the Granholm administration.

In 2012, an even MORE ridiculous 25×25 requirement was promoted (and failed) as a constitutional amendment, in a state which has a monstrous electricity appetite as a leader in manufacturing.  Now as the legislature approaches the crossroads of [Oh gosh we can’t meet the 10%!] and [What the hell happened to electricity prices?] in Michigan, another 35% ‘mandate’ pusher shows up with a ‘conservative’ emphasis and the useful idiots who have already signed on.

As soon as Michigan State Representative Mike Shirkey announced a solid-as-steel return to electricity competition in our state, the rust of cronyism began eating away at the plan. Snyder stepped up the call for increased renewable energy in the midst of the current mandate meltdown, and a new shadow group was formed with friendly ‘conservative’ faces to front it. (see useful idiot mention above)

Sometimes however, its worth looking to other experts who have a different take on such things.

Are the mandates even legal?

Thanks to the TB912, and Dining Room productions for another useful and informative video.

And On a related note: Cap Con today, has another take on this.

You Betcha! (1)Nuh Uh.(1)