USA > Michigan > Michigan legislative manual and official directory for the years 1899-1900 > Part 3
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ARTICLE V.
1 The congress, whenever two-thirds of both houses shall Mode of deem it necessary, shall propose amendments to the constitu- amending tion; or, on application of the legislatures of two-thirds of tion. the constitu- the several states, shall call a convention for proposing amendments, which in either case shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress: Pro- vidcd, That no amendment which may be made prior to the year one thousand eight hundred and eight shall in any man- ner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate.
ARTICLE VI.
1 All debts contracted and engagements entered into, before Assumption the adoption of this constitution shall be as valid against the of former United States under this constitution as under the confed- debts. eration.
2 This constitution, and the laws of the United States which Constitution shall be made in pursuance thereof, and all treaties made, or preme law which shall be made, under the authority of the United of the land; to be the su- States, shall be the supreme law of the land; and the judges state judges in every state shall be bound thereby; anything in the consti- by. bound there- tution or laws of any state to the contrary notwithstanding.
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CONSTITUTION OF UNITED STATES.
ART VIL.
Certain offi- 3 The senators and representatives before mentioned, and cers to take oath to sup- the members of the several state legislatures, and all execu- port this constitu- tion; no re- ligious test.' tive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to sup- port this constitution; but no religious test shall ever be re- quired as a qualification to any office or public trust under the United States.
ARTICLE VII.
How ratified. 1 The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same.
Done in convention by the unanimous consent of the states present the seventeenth day of September, in the year of our Lord, one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth.
In Witness whereof we have hereunto subscribed our names. GEO. WASHINGTON, President and Deputy from Virginia. Attest: WILLIAM JACKSON,
Secretary.
NEW HAMPSHIRE.
DELAWARE.
JOHN LANGDON,
NICHOLAS GILMAN.
GUNNING BEDFORD JUN,
JOHN DICKINSON,
RICHARD BASSETT,
NATHANIEL GORMAN,
RUFUS KING.
CONNECTICUT.
WM. SAML. JOHNSON,
ROGER SHERMAN.
DANL. CARROLL.
NEW YORK.
ALEXANDER HAMILTON.
NEW JERSEY.
WIL: LIVINGSTON,
DAVID BREARLEY,
WM. PATTERSON,
JONA: DAYTON.
HU WILLIAMSON.
PENNSYLVANIA.
SOUTH CAROLINA.
B. FRANKLIN,
J. RUTLEDGE,
THOMAS MIFFLIN,
CHARLES COTESWORTH PINCKNEY,
ROBT. MORRIS,
CHARLES PINCKNEY,
GEO. CLYMER,
PIERCE BUTLER."
THOS. FITZ SIMONS, JARED INGERSOLL, JAMES WILSON, GOUV MORRIS.
GEORGIA.
WILLIAM FEW,
ABR BALDWIN,
MASSACHUSETTS.
JACO: BROOM.
MARYLAND.
JAMES MCHENRY,
DAN OF ST. THOS. JANIFER,
VIRGINIA.
JOHN BLAIR,
JAMES MADISON, JR.
NORTH CAROLINA.
WM. BLOUNT,
RICHD. DOBBS SPAIGHT,
GEO: READ,
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CONSTITUTION OF UNITED STATES.
ART. IV.
AMENDMENTS.
The following amendments from Articles I to X inclusive, were proposed at the first session of the first congress of the United States, which was begun and held at the city of New York, on the 4th of March, 1789, and were adopted by the requisite number of states, as follows: New Jersey, Nov. 20, 1789; Maryland, Dec. 19, 1789; North Carolina, Dec. 22, 1789; South Carolina, Jan. 19, 1790; New Hampshire, Jan. 25, 1790; Delaware, Jan. 28, 1790; Pennsylvania, March 10, 1790; New York, March 27, 1790; Rhode Island, June 15, 1790; Ver- mont, Nov. 3, 1791, and Virginia, Dec. 15, 1791.
Congress of the United States, begun and held at the city Preamble of New York, on Wednesday, the 4th of March, 1789. The and resolu- conventions of a number of the states having, at the time of tion. their adopting the constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that fur- ther declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the govern- ment, will best insure the beneficent ends of its institution.
Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States, all or any of which articles, when ratified by three-fourths of the said legislatures to be valid to all intents and purposes, as part of the said consti- tution, namely:
ARTICLE I.
Congress shall make no law respecting an establishment of Restriction religion, or prohibiting the free exercise thereof; or abridging of the pow- the freedom of speech or of the press; or the right of the gress. ers of con- people peaceably to assemble, and to petition the government for a redress of grievances.
ARTICLE II.
A well-regulated militia being necessary to the security of a People may free state, the right of the people to keep and bear arms shall keep arms. not be infringed.
ARTICLE III.
No soldier shall, in time of peace, be quartered in any house Quartering without the consent of the owner; nor in time of war, but in of soldiers. a manner to be prescribed by law.
ARTICLE IV.
The right of the people to be secure in their persons, houses, Search war- papers and effects, against unreasonable searches and seiz- rants. ures, shall not be violated; and no warrant shall issue but 3
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CONSTITUTION OF UNITED STATES.
ART. X.
upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
ARTICLE V.
Proceedings against per- sons charged with crimes,
No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval their rights. forces, or in the militia when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, Private property. without due process of law; nor shall private property be taken for public use, without just compensation.
ARTICLE VI.
Rights of the accused.
In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been com- mitted, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
ARTICLE VII.
Right of In suits at common law where the value in controversy trial by jury. shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury shall be otherwise re- examined in any court of the United States than according to the rules of the common law.
ARTICLE VIII.
Excessive bail, etc.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX.
people not abridged.
Rights of the The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE X.
Certain pow- The powers not delegated to the United States by the con- ers reserved. stitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
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CONSTITUTION OF UNITED STATES.
ART. XII.
ARTICLE XI.(c)
The judicial powers of the United States shall not be con- Limitation strued to extend to any suit in law or equity, commenced or of judicial prosecuted against one of the United States by citizens of powers. another state, or by citizens or subjects of any foreign state.
ARTICLE XII. (d)
1 Electors shall meet in their respective states, and vote by Mode of ballot for president and vice president, one of whom, at least, electing shall not be an inhabitant of the same state with themselves; and vice
president they shall name in their ballots the person voted for as presi- president. dent, and in distinct ballots the person voted for as vice presi- dent, and they shall make distinct lists of all persons voted for as. president, and of all persons voted for as vice presi- dent, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate-the president of the senate shall, in the presence of the senate and house of representatives, open all the cer- tificates, and the votes shall then be counted; the persons having the greatest number of votes for president, shall be Who to be the president, if such number be a majority of the whole president. number of electors appointed, and if no person have such Proceedings majority, then from the persons having the highest numbers, if no person have a ma- not exceeding three, on the list of those voted for as presi- jority. dent, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the vote shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall con- sist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a presi- dent whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice president shall act as president, as in case of the death or other constitutional disability of the president.
2 The person having the greatest number of votes as vice Vice pres .- president shall be the vice president, if such number be a dent. majority of the whole number of electors appointed, and if no person have a majority, then from the two highest num- bers on the list, the senate shall choose the vice president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole num- ber shall be necessary to a choice.
(c) Proposed at the first session of the third congress, on the 5th of March, 1794, and was declared in a message from the president to congress, dated the 8th of January, 1798, to have been ratified by the legislatures of three-fourths of the states.
(d) Proposed at the first session of the eighth congress, on the 12th of December, 1803, in lieu of the original third paragraph of the first section of the second article, and was declared in a proclama- tion of the secretary of state, dated the 25th of September, 1804, to have been ratified by the legislatures of three-fourths of the states.
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CONSTITUTION OF UNITED STATES.
ART. XIV.
Qualifica- tion.
3 But no person constitutionally ineligible to the office of president shall be eligible to that of vice president of the United States.
ARTICLE XIII. (e)
Slavery pro- 1 Neither slavery nor involuntary servitude, except as a hibited. punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Power of 2 Congress shall have power to enforce this article by congress. appropriate legislation.
ARTICLE XIV. (f)
Defining
citizenship. 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or Certain priv- immunities of citizens of the United States; nor shall any ileges, re- tained, etc. state deprive any person of life, liberty or property, without due process of law, nor deny to any person within its juris- diction the equal protection of the laws.
Apportion- 2 Representatives shall be apportioned among the several ment of rep- resentatives. states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice president of the United States, representatives in congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participa-
(e) Proposed at the second session of the thirty-eighth congress on the 1st of February, 1865, and was declared in a proclamation of the secretary of state, dated the 18th of December, 1865, to have been ratified by the legislatures of twenty-seven of the thirty-six states, viz .: Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Vir- ginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wis- consin, Vermont, Tennessee, Arkansas, Connecticut, New Hamp- shire, South Carolina, Alabama, North Carolina and Georgia.
(f) Proposed at the first session of the thirty-ninth congress, on the 16th of June, 1866. On the 21st of July, 1868, congress adopted a concurrent resolution, declaring that "the legislatures of the states of Connecticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana; Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina, Louisiana, Rhode Island, Wisconsin, Pennsylvania and Michigan, be- ing three-fourths and more of the several states of the union, have ratified the fourteenth article of amendment to the constitution of the United States, duly proposed by two-thirds of each house of the thirty-ninth congress : therefore,
" Resolved, That said fourteenth article is hereby declared to be a part of the constitution of the United States, and it shall be duly promulgated as such by the secretary of state." The secretary of state accordingly issued a proclamation dated the 28th day of July, 1868, declaring that the proposed fourteenth amendment had been ratified by the legislatures of thirty of the thirty-six states, including the above named with the addition of Georgia.
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CONSTITUTION OF UNITED STATES.
ART. XV.
tion in rebellion, or other crime, the basis of representa- Basis of rep- tion therein shall be reduced in the proportion which the resentation. number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
3 No person shall be a senator or representative in con- Who ineligi- gress, or elector of president or vice president, or hold any ble to hold office, civil or military, under the United States, or under any offices. certain state, who, having previously taken an oath as a member of congress, or as an officer of the United States, or as a mem- ber of any state legislature, or as executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress may, by a vote of two-thirds of each house, remove such disability.
4 The validity of the public debt of the United States, au- Validity of thorized by law, including debts incurred for payments of the public pensions and bounties for services in suppressing insurrection debt. or rebellion, shall not be questioned. But neither the United Certain States nor any state shall assume or pay any debt or obliga- debts tion incurred in aid of insurrection or rebellion against the invalid. United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
5 The congress shall have power to enforce, by appropriate legislation, the provisions of this article.
ARTICLE XV. (g)
1 The right of citizens of the United States to vote shall not Right of suf- be denied or abridged by the United States or by any state frage, etc. on account of race, color or previous condition of servitude.
2 Congress shall have power to enforce this article by ap- propriate legislation.
Proposed at the first session of the fortieth congress, on the 27th of February, 1869, and was declared in a proclamation of the secretary of state, dated March 30, 1870, to have been ratified by the legislatures of twenty-nine of the thirty-seven states.
CONSTITUTION OF THE STATE OF MICHIGAN.
TABLE OF CONTENTS.
ARTICLE I .- Boundaries.
ARTICLE II .- Seat of government.
ARTICLE III .- Division of the powers of government. ARTICLE IV. - Legislative depart-
ment.
ARTICLE V .- Executive department.
ARTICLE VI .- Judicial department.
ARTICLE VII .- Elections. ARTICLE VIII .- State officers.
ARTICLE IX .- Salaries.
ARTICLE X .- Counties.
ARTICLE XI .- Townships.
ARTICLE XII. - Impeachments and removals from office.
ARTICLE XIII .- Education. ARTICLE XIV .- Finance and tion.
taxa-
ARTICLE XV .- Corporations.
ARTICLE XVI .- Exemptions.
ARTICLE XVII .- Militia ..
ARTICLE XVIII .- Miscellaneous pro- visions. ARTICLE XIX .- Upper Peninsula. ARTICLE XIX-A .- Railroads. ARTICLE XX .- Amendment and re- vision of constitution. SCHEDULE.
[Annotated to April 15, 1899.]
THE PEOPLE OF THE STATE OF MICHIGAN DO ORDAIN THIS CONSTITUTION.
ARTICLE I.
BOUNDARIES.
Territorial jurisdiction.
The State of Michigan consists of and has jurisdiction over the territory embraced within the following boundaries, to- wit: Commencing at a point on the eastern boundary line of the state of Indiana, where a direct line drawn from the
For opinions bearing upon the subject and construction of the constitution see Green v. Graves, 1 Doug. 354; Williams v. The Mayor, 2 Mich. 560; Root v. The Mayor, 3 Mich. 433; People v. May, 3 Mich. 593; Brown v. Fifield, 4 Mich. 322; Sears v. Cottrell, 5 Mich. 251; Streeter v. Paton, 7 Mich. 341; People v. Blodgett, 13 Mich. 127; Van Husan v. Kanouse, 13 Mich. 308; Bay City v. State Treasurer, 23 Mich. 499; Kennedy v. Gies. 25 Mich. 83; Whipple v. Judge, 26. Mich. 342; Attorney General v. Detroit, 29 Mich. 112; Peck v. Miller, 29 Mich. 574; Attorney General v. Preston. 56 Mich. 180; Mathias v. Cramer, 73 Mich. 5; People v. Lyng, 74 Mich. 579; Grand Rapids Chair Co. vs. Runnels, 77 Mich. 104; Tice v. Bay City, 78 Mich. 209; Attor- ney General v. Detroit, 78 Mich. 545; Rhode v. Phelps, 80 Mich. 598; Smith v. Saginaw, 81 Mich. 123.
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CONSTITUTION OF MICHIGAN.
ART. III.
southern extremity of Lake Michigan to the most northerly cape of the Maumee bay shall intersect the same-said point being the northwest corner of the state of Ohio, as established by an act of congress, entitled "An act to establish the north- ern boundary line of the state of Ohio, and to provide for the admission of the state of Michigan into the union upon the conditions therein expressed," approved June fifteenth, one thousand eight hundred and thirty-six, thence with the said boundary line of the state of Ohio, till it intersects the boun- dary line between the United States and Canada in Lake Erie, thence with said boundary line between the United States and Canada through the Detroit river, Lake Huron and Lake Superior to a point where the said line last touches Lake Superior; thence in a direct line through Lake Su- perior to the mouth of the Montreal river; thence through the middle of the main channel of the said river Montreal to the head waters thereof; thence in a direct line to the cen- ter of the channel between Middle and South islands in the Lake of the Desert; thence in a direct line to the southern shore of Lake Brule; thence along said southern shore and down the river Brule to the main channel of the Menominee river; thence down the center of the main chan- nel of the same to the center of the most usual ship channel of the Green bay of Lake Michigan; thence through the center of the most usual ship channel of the said bay to the middle of Lake Michigan; thence through the middle of Lake Mich- Igan to the northern boundary of the state of Indiana, as that line was established by the act of congress of the nine- teenth of April, eighteen hundred and sixteen; thence due east with the north boundary line of the said state of Indiana to the northeast corner thereof; and thence south with the eastern boundary line of Indiana to the place of beginning.
People v. Tyler, 7 Mich. 161.
ARTICLE II.
SEAT OF GOVERNMENT.
The seat of government shall be at Lansing, where it is now Seat of gov- established. ernment.
ARTICLE III.
DIVISION OF THE POWERS OF GOVERNMENT.
SECTION 1. The powers of government are divided into Departments three departments: The legislative, executive and judicial. of govern- ment.
Williams v. The Mayor, 2 Mich. 560; People v. Collins, 3 Mich. 343; Sutherland v. The Governor, 29 Mich. 320; Shumway v. Bennett, 29 Mich. 451; State Tax Cases, 54 Mich. 388; Houseman v. Kent Circuit Judge, 58 Mich. 366: Locke v. Speed, 62 Mich. 408; Clay v. Stewart, 74 Mich. 411.
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CONSTITUTION OF MICHIGAN.
ART. IV.
Limitation of powers of officers.
SEC. 2. No person belonging to one department shall exer- cise the powers properly belonging to another, except in the cases expressly provided in this constitution.
People v. Collins, 3 Mich. 343; Flint & F. P. R. Co. v. Woodhull, 25 Mich. 99; Butler v. Supervisors of Sag- inaw, 26 Mich. 22; Shumway v. Bennett, 29 Mich. 451; Clay v. Stewart, 74 Mich. 411.
ARTICLE IV.
LEGISLATIVE DEPARTMENT.
The legisla- ture.
SECTION 1. The legislative power is vested in a senate and house of representatives.
Williams v. The Mayor, 2 Mich. 560; People v. Collins, 3 Mich. 343; People v. Gallagher, 4 Mich. 244; Sears v. Cot- trell, 5 Mich. 255; Shumway v. Bennett, 29 Mich. 460; State Tax Cases, 54 Mich. 396; Robinson v. Haug and Miner, 68 Mich. 549; Bolt v. Riordan, 73 Mich. 518; Gid- dings v. Secretary of State, 93 Mich. 1; Senate of Happy Home Club v. Board of Supervisors, 99 Mich. 117; Hurst v. Warner, 102 Mich. 238.
Senate.
SEC. 2. The senate shall consist of thirty-two members. Senators shall be elected for two years and by single dis- tricts. Such districts shall be numbered from one to thirty- two inclusive, each of which shall choose one senator. No county shall be divided in the formation of senate districts, except such county shall be equitably entitled to two or more senators.
Giddings v. Blacker, 93 Mich. 1.
House of representa- tives. Representa- tive dis- tricts.
(a) SEC. 3. The house of representatives shall consist of not less than sixty-four nor more than one hundred members. Representatives shall be chosen for two years and by single districts. Each representative district shall contain, as nearly as may be, an equal number of inhabitants, exclusive of persons of Indian descent who are not civilized or are members of any tribe, and shall consist of convenient and contiguous territory. But no township or city shall be di- vided in the formation of a representative district. When any township or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket the number of representatives to which it is entitled. Each county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a popula- tion equal to a moiety of the ratio of representation. In every county entitled to more than one representative the board of supervisors shall assemble at such time and place as the leg- islature shall prescribe and divide the same into representa- tive districts, equal to the number of representatives to which such county is entitled by law, and shall cause to be filed in the offices of the secretary of state and clerk of such county a description of such representative districts, specifying the
(a) As amended by joint resolution No. 42, laws of 1869, vol. 1, p. 425; ratified election of 1870.
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CONSTITUTION OF MICHIGAN.
ART. IV.
number of each district and population thereof, according to the last preceding enumeration.
Smith v. Saginaw, 81 Mich. 123; Supervisors v. Secre- tary of State, 92 Mich. 638; Giddings v. Secretary of State, 93 Mich. 1.
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