Almost all U.S. state constitutions include language declaring that all political power is inherent in or vested in the PEOPLE, for their EQUAL benefit and protection.
Like most U.S. states, this principal is foundational to Michigan government, clearly established in Article I, § 1 of the Michigan Constitution, and preserved through multiple constitutional revisions.
According to ARTICLE I (BILL OF RIGHTS) in the CONSTITUTION OF MICHIGAN (1835):
Political power.
1. All political power is inherent in the people.
Right of the people.
2. Government is instituted for the protection, security, and benefit of the people; and they have the right at all times to alter or reform the same, and to abolish one form of government and establish another, whenever the public good requires it.
No exclusive privileges.
3. No man or set of men are entitled to exclusive or separate privileges.
Religious worship.
4. Every person has a right to worship Almighty God according to the dictates of his own conscience; and no person can of right be compelled to attend, erect, or support, against his will, any place of religious worship, or pay any tithes, taxes or other rates, for the support of any minister of the gospel or teacher of religion.
Support of religious societies; by state treasury prohibited
5. No money shall be drawn from the treasury for the benefit of religious societies, or theological or religious seminaries.
Rights of conscience.
6. The civil and religious rights, privileges and capacities of no individual shall be diminished or enlarged on account of his opinions or belief concerning matters of religion.
Freedom of speech and press.
7. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Search and seizure.
8. The person, houses, papers and possessions of every individual shall be secure from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation.
Trial by jury.
9. The right of trial by jury shall remain inviolate.
Criminal prosecution; rights of accused.
10. In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury of the vicinage; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense, and in all civil cases, in which personal liberty may be involved, the trial by jury shall not be refused.
Same; prerequisite of presentment or indictment, exceptions.
11. No person shall be held to answer for a criminal offense, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or militia when in actual service in the time of war or public danger.
Twice in jeopardy, bail, habeas corpus.
12. No person for the same offense, shall be twice put in jeopardy of punishment. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.
Right to bear arms.
13. Every person has a right to bear arms for the defense of himself and the state.
Military subordinate to civil power.
14. The military shall, in all cases, and at all times, be in strict subordination to the civil power.
Quartering of troops.
15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner prescribed by law.
Treason
16. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Attainder, ex post facto, impairment of contract.
17. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall be passed.
Excessive bail, fines, punishments.
18. Excessive bail shall not be required; excessive fines shall not be imposed; and cruel and unjust punishments shall not be inflicted.
Taking property for public use; compensation.
19. The property of no person shall be taken for public use, without just compensation therefor.
Right to assemble and petition.
20. The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.
Acts void.
21. All acts of the legislature contrary to this or any other article of this Constitution shall be void.
According to ARTICLE I (DECLARATION OF RIGHTS) in the CONSTITUTION OF MICHIGAN (1963):
§ 1 Political power.
Sec. 1. All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.
History: Const. 1963, Art. I, § 1, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 1.
§ 2 Equal protection; discrimination.
Sec. 2. No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin. The legislature shall implement this section by appropriate legislation.
History: Const. 1963, Art. I, § 2, Eff. Jan. 1, 1964.
§ 3 Assembly, consultation, instruction, petition.
Sec. 3. The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the government for redress of grievances.
History: Const. 1963, Art. I, § 3, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 2.
§ 4 Freedom of worship and religious belief; appropriations.
Sec. 4. Every person shall be at liberty to worship God according to the dictates of his own conscience. No person shall be compelled to attend, or, against his consent, to contribute to the erection or support of any place of religious worship, or to pay tithes, taxes or other rates for the support of any minister of the gospel or teacher of religion. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary; nor shall property belonging to the state be appropriated for any such purpose. The civil and political rights, privileges and capacities of no person shall be diminished or enlarged on account of his religious belief.
History: Const. 1963, Art. I, § 4, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 3.
§ 5 Freedom of speech and of press.
Sec. 5. Every person may freely speak, write, express and publish his views on all subjects, being responsible for the abuse of such right; and no law shall be enacted to restrain or abridge the liberty of speech or of the press.
History: Const. 1963, Art. I, § 5, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 4.
§ 6 Bearing of arms.
Sec. 6. Every person has a right to keep and bear arms for the defense of himself and the state.
History: Const. 1963, Art. I, § 6, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 5.
§ 7 Military power subordinate to civil power.
Sec. 7. The military shall in all cases and at all times be in strict subordination to the civil power.
History: Const. 1963, Art. I, § 7, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 6.
§ 8 Quartering of soldiers.
Sec. 8. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.
History: Const. 1963, Art. I, § 8, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 7.
§ 9 Slavery and involuntary servitude.
Sec. 9. Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state.
History: Const. 1963, Art. I, § 9, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 8.
§ 10 Attainder; ex post facto laws; impairment of contracts.
Sec. 10. No bill of attainder, ex post facto law or law impairing the obligation of contract shall be enacted.
History: Const. 1963, Art. I, § 10, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 9.
§ 11 Searches and seizures.
Sec. 11. The person, houses, papers, possessions, electronic data, and electronic communications of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things or to access electronic data or electronic communications shall issue without describing them, nor without probable cause, supported by oath or affirmation. The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.
History: Const. 1963, Art. I, § 11, Eff. Jan. 1, 1964 ;– Am. S.J.R. G, approved Nov. 3, 2020, Eff. Dec. 19, 2020.
Constitutionality: The last sentence of this section was held invalid as in conflict with US Const, Am IV. Lucas v People, 420 F2d 259 (CA 6, 1970); Caver v Kropp, 306 F Supp 1329 (ED Mich, 1969); People v Pennington, 383 Mich 611; 178 NW2d 471 (1970); People v Andrews, 21 Mich App 731; 176 NW2d 460 (1970).
Former Constitution: See Const. 1908, Art. II, § 10.
§ 12 Habeas corpus.
Sec. 12. The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion the public safety may require it.
History: Const. 1963, Art. I, § 12, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 11. § 13 Conduct of suits in person or by counsel.
§ 13 Conduct of suits in person or by counsel.
Sec. 13. A suitor in any court of this state has the right to prosecute or defend his suit, either in his own proper person or by an attorney.
History: Const. 1963, Art. I, § 13, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 12. § 14 Jury trials. Sec. 14.
§ 14 Jury trials.
Sec. 14. The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree.
History: Const. 1963, Art. I, § 14, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 13.
§ 15 Double jeopardy; bailable offenses; commencement of trial if bail denied; bailhearing; effective date.
Sec. 15. No person shall be subject for the same offense to be twice put in jeopardy. All persons shall, before conviction, be bailable by sufficient sureties, except that bail may be denied for the following persons when the proof is evident or the presumption great:
(a) A person who, within the 15 years immediately preceding a motion for bail pending thedisposition of an indictment for a violent felony or of an arraignment on a warrant charging aviolent felony, has been convicted of 2 or more violent felonies under the laws of this state orunder substantially similar laws of the United States or another state, or a combination thereof,only if the prior felony convictions arose out of at least 2 separate incidents, events, ortransactions.
(b) A person who is indicted for, or arraigned on a warrant charging, murder or treason.
(c) A person who is indicted for, or arraigned on a warrant charging, criminal sexualconduct in the first degree, armed robbery, or kidnapping with intent to extort money or othervaluable thing thereby, unless the court finds by clear and convincing evidence that thedefendant is not likely to flee or present a danger to any other person.
(d) A person who is indicted for, or arraigned on a warrant charging, a violent felony whichis alleged to have been committed while the person was on bail, pending the disposition of aprior violent felony charge or while the person was on probation or parole as a result of a prior conviction for a violent felony.
If a person is denied admission to bail under this section, the trial of the person shall becommenced not more than 90 days after the date on which admission to bail is denied. If thetrial is not commenced within 90 days after the date on which admission to bail is denied andthe delay is not attributable to the defense, the court shall immediately schedule a bail hearingand shall set the amount of bail for the person.
As used in this section, “violent felony” means a felony, an element of which involves aviolent act or threat of a violent act against any other person.
This section, as amended, shall not take effect until May 1, 1979.
History: Const. 1963, Art. I, § 15, Eff. Jan. 1, 1964 ;– Am. H.J.R. Q, approved Nov. 7, 1978, Eff. May 1, 1979.
Effective Date: The language certified by the Board of Canvassers was identical to House JointResolution Q of 1978, except for the deletion of the last sentence which contained the proposed May 1, 1979, effective date. The May 1, 1979, effective date provision of House Joint Resolution Q was not statedin the text of ballot Proposal K or in any of the material circulated by the Secretary of State, and wasneither considered nor voted upon by the electors in the November 7, 1978, general election.Therefore, theeffective date of Proposal K is December 23, 1978, which was the date 45 days after the election asprovided by Const. 1963, Art. XII, § 1. OAG, 1979-1980, No 5533, p 328 (August 8, 1979).
Former Constitution: See Const. 1908, Art. II, § 14.
§ 16 Bail; fines; punishments; detention of witnesses.
Sec. 16. Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusualpunishment shall not be inflicted; nor shall witnesses be unreasonably detained.
History: Const. 1963, Art. I, § 16, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 15.
§ 17 Self-incrimination; due process of law; fair treatment at investigations.
Sec. 17. No person shall be compelled in any criminal case to be a witness against himself, nor bedeprived of life, liberty or property, without due process of law. The right of all individuals,firms, corporations and voluntary associations to fair and just treatment in the course oflegislative and executive investigations and hearings shall not be infringed.
History: Const. 1963, Art. I, § 17, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 16.
§ 18 Witnesses; competency, religious beliefs.
Sec. 18. No person shall be rendered incompetent to be a witness on account of his opinions onmatters of religious belief.
History: Const. 1963, Art. I, § 18, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 17.
§ 19 Libels, truth as defense.
Sec. 19. In all prosecutions for libels the truth may be given in evidence to the jury; and, if itappears to the jury that the matter charged as libelous is true and was published with goodmotives and for justifiable ends, the accused shall be acquitted.
History: Const. 1963, Art. I, § 19, Eff. Jan 1. 1964,
Former Constitution: See Const. 1908, Art. II, § 18.
§ 20 Rights of accused in criminal prosecutions.
Sec. 20. In every criminal prosecution, the accused shall have the right to a speedy and public trialby an impartial jury, which may consist of less than 12 jurors in prosecutions formisdemeanors punishable by imprisonment for not more than 1 year; to be informed of thenature of the accusation; to be confronted with the witnesses against him or her; to have compulsory process for obtaining witnesses in his or her favor; to have the assistance of counsel for his or her defense; to have an appeal as a matter of right, except as provided bylaw an appeal by an accused who pleads guilty or nolo contendere shall be by leave of thecourt; and as provided by law, when the trial court so orders, to have such reasonable assistance as may be necessary to perfect and prosecute an appeal.
History: Const. 1963, Art. I, § 20, Eff. Jan. 1, 1964 ;– Am. H.J.R. M, approved Aug. 8, 1972, Eff. Sept.23, 1972 ;– Am. S.J.R. D, approved Nov. 8, 1994, Eff. Dec. 24, 1994.
Former Constitution: See Const. 1908, Art. II, § 19.
§ 21 Imprisonment for debt.
Sec. 21. No person shall be imprisoned for debt arising out of or founded on contract, express orimplied, except in cases of fraud or breach of trust.
History: Const. 1963, Art. I, § 21, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 20.
§ 22 Treason; definition, evidence.
Sec. 22. Treason against the state shall consist only in levying war against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act or on confession in open court.
History: Const. 1963, Art. I, § 22, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 21.
§ 23 Enumeration of rights not to deny others.
Sec. 23. The enumeration in this constitution of certain rights shall not be construed to deny or disparage others retained by the people.
History: Const. 1963, Art. I, § 23, Eff. Jan. 1, 1964.
§ 24 Rights of crime victims; enforcement; assessment against convicted defendants.
Sec. 24. (1) Crime victims, as defined by law, shall have the following rights, as provided by law:
The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
The right to timely disposition of the case following arrest of the accused.
The right to be reasonably protected from the accused throughout the criminal justice process.
The right to notification of court proceedings.
The right to attend trial and all other court proceedings the accused has the right to attend.
The right to confer with the prosecution.
The right to make a statement to the court at sentencing.
The right to restitution.
The right to information about the conviction, sentence, imprisonment, and release of the accused.
(2) The legislature may provide by law for the enforcement of this section.
(3) The legislature may provide for an assessment against convicted defendants to pay forcrime victims’ rights.
History: Add. H.J.R. P, approved Nov. 8, 1988, Eff. Dec. 24, 1988.
§ 25 Marriage.
Sec. 25. To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.
History: Add. Initiated Law, approved Nov. 2, 2004, Eff. Dec. 18, 2004.
Constitutionality: In Obergefell v Hodges, 576 US 644; 135 S Ct 2584; 192 L Ed 2d 609 (2015), theUnited State Supreme Court held that the Fourteenth Amendment requires a state to license a marriage between 2 people of the same sex and to recognize a marriage between 2 people of the same sex that was lawfully licensed and performed in another state.
§ 26 Affirmative action programs.
Sec. 26. (1) The University of Michigan, Michigan State University, Wayne State University, and any other public college or university, community college, or school district shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(2) The state shall not discriminate against, or grant preferential treatment to, any individualor group on the basis of race, sex, color, ethnicity, or national origin in the operation of publicemployment, public education, or public contracting.
(3) For the purposes of this section “state” includes, but is not necessarily limited to, thestate itself, any city, county, any public college, university, or community college, schooldistrict, or other political subdivision or governmental instrumentality of or within the State ofMichigan not included in sub-section 1.
(4) This section does not prohibit action that must be taken to establish or maintaineligibility for any federal program, if ineligibility would result in a loss of federal funds to thestate.
(5) Nothing in this section shall be interpreted as prohibiting bona fide qualifications basedon sex that are reasonably necessary to the normal operation of public employment, publiceducation, or public contracting.
(6) The remedies available for violations of this section shall be the same, regardless of theinjured party’s race, sex, color, ethnicity, or national origin, as are otherwise available forviolations of Michigan anti-discrimination law.
(7) This section shall be self-executing. If any part or parts of this section are found to be inconflict with the United States Constitution or federal law, the section shall be implemented tothe maximum extent that the United States Constitution and federal law permit. Any provisionheld invalid shall be severable from the remaining portions of this section.
(8) This section applies only to action taken after the effective date of this section.
(9) This section does not invalidate any court order or consent decree that is in force as ofthe effective date of this section.
History: Add. Initiated Law, approved Nov. 7, 2006, Eff. Dec. 23, 2006.
§ 27 Human embryo and embryonic stem cell research.
Section 27. (1) Nothing in this section shall alter Michigan’s current prohibition on human cloning.
(2) To ensure that Michigan citizens have access to stem cell therapies and cures, and toensure that physicians and researchers can conduct the most promising forms of medicalresearch in this state, and that all such research is conducted safely and ethically, any researchpermitted under federal law on human embryos may be conducted in Michigan, subject to therequirements of federal law and only the following additional limitations and requirements:
(a) No stem cells may be taken from a human embryo more than fourteen days after celldivision begins; provided, however, that time during which an embryo is frozen does not countagainst this fourteen day limit.
(b) The human embryos were created for the purpose of fertility treatment and, withvoluntary and informed consent, documented in writing, the person seeking fertility treatmentchose to donate the embryos for research; and
(i) the embryos were in excess of the clinical need of the person seeking the fertilitytreatment and would otherwise be discarded unless they are used for research; or
(ii) the embryos were not suitable for implantation and would otherwise be discarded unlessthey are used for research.
(c) No person may, for valuable consideration, purchase or sell human embryos for stemcell research or stem cell therapies and cures.
(d) All stem cell research and all stem cell therapies and cures must be conducted and provided in accordance with state and local laws of general applicability, including but not limited to laws concerning scientific and medical practices and patient safety and privacy, to the extent that any such laws do not:
(i) prevent, restrict, obstruct, or discourage any stem cell research or stem cell therapies andcures that are permitted by the provisions of this section; or
(ii) create disincentives for any person to engage in or otherwise associate with suchresearch or therapies or cures.
(3) Any provision of this section held unconstitutional shall be severable from the remainingportions of this section.
History: Add. Initiated Law, approved Nov. 4, 2008, Eff. Dec. 19, 2008.
§ 28 Right to reproductive freedom.
Sec. 28.(1) Every individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortioncare, miscarriage management, and infertility care.
An individual’s right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified by a compelling state interest achieved by the least restrictive means.
Notwithstanding the above, the state may regulate the provision of abortion care after fetalviability, provided that in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.
(2) The state shall not discriminate in the protection or enforcement of this fundamental right.
(3) The state shall not penalize, prosecute, or otherwise take adverse action against anindividual based on their actual, potential, perceived, or alleged pregnancy outcomes,including but not limited to miscarriage, still birth, or abortion. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.
(4) For the purposes of this section: A state interest is “compelling” only if it is for the limited purpose of protecting the health of an individual seeking care, consistent with accepted clinical standards of practice and evidence-based medicine, and does not infringe on that individual’s autonomous decision-making.
“Fetal viability” means: the point in pregnancy when, in the professional judgment of anattending health care professional and based on the particular facts of the case, there is asignificant likelihood of the fetus’s sustained survival outside the uterus without theapplication of extraordinary medical measures.
(5) This section shall be self-executing. Any provision of this section held invalid shall be severable from the remaining portions of this section.
History: Add. Initiated Law, approved Nov. 8, 2022, Eff. Dec. 24, 2022.
States play a lot of games when it comes to the exercise of power, often in direct defiance of state and federal constitutions; many which are NOT honest, ethical, fair, or just. This must stop or state compensation funds must be established and exercised liberally to remedy the unfair, unethical, unconstitutional, and often inhumane damages, wrongfully caused the public.