Where laws are made and sometimes broken.
Bills passed in the Michigan GOP's lame duck frenzy may violate the state constitution, namely its "separation of powers" provisions, which are stronger than those of other states, the Free Press writes.
Bills that could eventually be struck down by a court include those that would strip powers from the governor, secretary of state, and Board of Education, legal experts tell the paper. A bill that would give the legislature a say in lawsuits involving the state could also fail in court.
Free Press writer Paul Egan explains:
♦ House Bill 6553: Would give each chamber the power to intervene in lawsuits involving the state. Currently, it is up to judges to decide who has "standing" in a court case. Sedler said the bill clearly infringes on the power of the judicial branch and also on the executive powers of the governor, as executed by the attorney general. Devin Schindler, a law professor at Western Michigan University Cooley Law School, disagreed, saying the Legislature is "taking advantage of the state judiciary's lax standing rules," and there is a precedent because lawmakers earlier passed a law giving the attorney general the right to intervene.
♦ Senate Bill 1107: Would restrict the governor's power to appoint a director of the Michigan State Police by limiting the choice to officers already employed by the department who have served for at least 15 years, with at least five years at the rank of lieutenant or higher. Sedler said the bill would infringe on the constitutional powers of the governor, and Schindler agreed it would appear to do so.
♦ Senate Bills 1248-52: Would strip campaign finance enforcement from the secretary of state and turn it over to a six-member commission. Sedler said it infringes on the executive powers of the governor, as carried out by the secretary of state. The Legislature could repeal all campaign finance laws if it chose to, but it can't dictate how existing laws should be enforced, which is an executive function, he said.
The Free Press examines four more controversial legislative packages here.
