CRC Constitutional issues series continues
Article VII -- Local Government

 

The tenth in the Citizens Research Council of Michigan's series of papers about state constitutional issues focuses on local government -- Article VII of the 1963 Michigan Constitution.

In addition to providing authority and power to the different branches of state government, the Michigan Constitution authorizes and empowers local governments. These provisions range from establishing the structure and governance of counties and townships to the provision of home rule powers for cities, villages, and counties.

One of the most significant issues a constitutional convention may address is balancing the powers of the state to empower, oversee, and control local governments and the local governments’ interest in exercising the home rule powers currently provided in the constitution. Legislative action, administrative rules, and court rulings have eroded the spirit of home rule as it was originally envisioned by the drafters of the 1908 and 1963 Constitutions. Delegates to a 2011 convention would likely provide clarity to the proper balance of the state and local government powers.

"With the financial troubles facing local governments and the ever-present need for economic development," said Eric Lupher, CRC's Director of Local Affairs, "a constitutional convention is likely to spend time looking at the structure of local government. Potential reforms would likely focus on reducing the number of governmental units and streamlining the provision of governmental services."

The current provisions for county boards of supervisors are inoperable because they violate the 'one person, one vote' principle of the U.S. Constitution. It could be expected that a convention would attempt to provide greater direction on the conflict between the authority of local governments to control the use of their rights of way by utilities and the power of the state to regulate those same utilities. Finally, a convention also may choose to examine the need to address constitutional provisions related to multipurpose special authorities and the removal of public officials.

In looking at each article of the Michigan Constitution, CRC takes no position on the question of calling a constitutional convention. It is hoped that examination of the matters identified in this paper will promote discussion of vital constitutional issues and assist citizens in deliberations on the question of calling a constitutional convention.

Article VII -- Local Government can be accessed at www.crcmich.org/PUBLICAT/2010s/2010/rpt36010.html.

The series of constitutional issues papers is being released on roughly a bi-weekly schedule and can be accessed at www.crcmich.org/election