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HJR YY
Constitutional Amendment
ACTION: SUPPORT
2. Synopsis of Bill
March 5, 2010
Yesterday I introduced HJR YY in Michigan along with several House colleagues, a joint
resolution that would change the Michigan Constitution. Why is HJR YY so critically needed?
If enacted into law and formally approved by voters, HJR YY would create a Joint Federalism
Commission within the legislative council, in essence forcing the creation of a bicameral
and bipartisan commission charged with monitoring and reviewing federal laws and
mandates to determine if they violate the Michigan Constitution or if they violate such
areas as the 9th and 10th Amendments of the US Constitution.
Firstly, in cases where the Joint Federalism Commission determines a violation exists, the
law will provide for an expedited process for the commission to then push appropriate
legislation to the floor for voting by all members within 10 session days. In addition, any
legislator who is able to successfully petition at least half of the members in their chamber
can also force the Joint Federalism Commission to make a determination on an issue within
90 days. This is important, because although Michigan has a commission that is looking at
the mandates it puts upon its cities, no such commission exists to examine the mandates
the federal government is in turn placing upon us. Considering that it is the States who
created the federal government and not the other way around there is no conceivable
reason why such a commission should not exist. The states are not the counties of the
federal government, even if they try to treat us as such.
The second "why" that makes this legislation necessary is because of the increasing role of
so called "Memorandums of Understanding," "Compacts," and other agreements between
Michigan and other governments, most notably at the federal level.
Most voters are not aware of what a "Memorandum of Understanding" is, or that they can
carry the formal force of law. In many cases such memorandums are created under
dubious authority. In other cases, the legislature does vote to grant authority for a
memorandum to be entered into, but then what the memorandum actually does often
exceeds that authority, or delves into areas that are beyond the scope of the authorizing
legislation. At this point however, it is very difficult for the legislature to act to change
things. HJR YY will require that all such memorandums have their language first presented
to the commission, which can then reject it before the state formally enters into a binding
agreement.
While people correctly expect a high level of transparency in government, the increasing
role of these formal and informal agreements between the state and the federal
government are creating another level of government where increasingly important
decisions are being made behind the scenes, largely out of view not only from the people
but also the state legislature. Ensuring the state legislature is more involved will not only
help from a transparency standpoint, it will make elected leaders more aware and
accountable for the rules and agreements that unelected government employees are
making outside of the normal legislative process. Taxpayers correctly want their state
legislators to be able to handle the state level issues and problems that they voted them to
Lansing for in the first place. The Michigan Legislature should not be content to continue to
see so much of its rightful authority taken out of its hands.
Committee Members:
Mark S. Meadows (D), Committee Bettie Cook Scott (D), 3rd District
Chair, 69th District Rebekah Warren (D), 53rd District
Ellen Cogen Lipton (D), Majority Tonya Schuitmaker (R), Minority
Vice-Chair, 27th District Vice-Chair, 80th District
Lisa Brown (D), 39th District Justin Amash (R), 72nd District
Bob Constan (D), 16th District Joseph Haveman (R), 90th District
Marc R. Corriveau (D), 20th District Rick Jones (R), 71st District
Andy Coulouris (D), 95th District Eileen Kowall (R), 44th District
Andrew J. Kandrevas (D), 13th Tory Rocca (R), 30th District
District
5. Coordinated Testimony
2-3 volunteers assigned to give knowledgably, articulate testimony
6. Attendance at Meeting
Fill out card (entered into record) in favor
7. Out of Committee
This 2/3 majority requirement is another example of why we need to utilize our time and
money to prevail in our cause that Constitional Conservatives be elected in 2010
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