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The right to criticize government is also an obligation to know what you are talking about.
-Lent Upson, 1st Executive Director of CRC
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This page analyzes an issue that will appear on Michigan's statewide ballot at the November 7, 2006 general election. The Citizens Research Council of Michigan does not endorse candidates for office or take position on ballot issues. In analyzing these ballot issues, CRC hopes to provide more information so that voters can make better informed decisions in formulating their vote.
Proposal 2006-02: Michigan Civil Rights Initiative
The Citizens Research Council has released its analysis of the Michigan Civil Rights Initiative proposal. At the November 7, 2006, general election Michigan voters will be presented with a proposal to add Section 26 to Article I of the 1963 Michigan Constitution "to ban affirmative action programs that give preferential treatment to groups or individuals based on their race, gender, color, ethnicity or national origin for public employment, education or contracting purposes." |
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If this amendment is adopted, it will not outlaw all affirmative action programs in the state. Michigan statutes contain numerous references to affirmative action and minority status or gender. Only those that grant preferential treatment to individuals or groups on the basis of minority status or gender would be invalidated by this amendment. However, determining what constitutes preferential treatment will be left to the Michigan court system.
At the state's 15 public universities, the impact would be felt most strongly at the University of Michigan-Ann Arbor and in the graduate and professional programs across the state. The response to similar restrictions in other states has been to create plans that admit the top percentage of students from each high school to the states' university systems. Michigan's system of independent universities does not readily lend itself to such a percent plan.
With respect to state and local government, recent U.S. Supreme Court decisions have already barred the use of quotas and set-asides, and have made it illegal to have an affirmative action preference program without a compelling governmental interest (i.e., remedying the effects of past discrimination). Even when a compelling governmental interest can be proved, the government must use means that are narrowly tailored to achieve that interest.
The State of Michigan has a strong civil service system and competitive bidding for government contracts. It does not provide preferences in hiring or contracting through a statewide affirmative action program.
A review of local governments' policies yielded little evidence of affirmative action programs that grant preferential treatment on the basis of minority status or gender.
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CRC's Analysis |
CRC Summary |
Ballot Language |
Read Amendment |
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The Ballot Proposal Process in Michigan: A Synopsis
There are four methods whereby a proposal can be placed on the statewide ballot in Michigan: (1) statutory initiative, (2) voter referendum, (3) legislative referendum, and (4) constitutional amendment.
STATUTORY INITIATIVE is defined by Section 9 of Article 2 of the Michigan Constitution as the power which the people reserve to themselves "to propose laws and to enact and reject laws." The power of initiative extends to any law the Legislature may enact and is invoked by filing petitions containing signatures of registered voters equal in number to at least eight percent of the total votes cast in the last election for governor. The Legislature is required to enact, without modification, or reject any proposed initiative within 40 session days. An initiative not enacted by the Legislature is placed on the statewide ballot at the next general election. A law that is initiated or adopted by the people is not subject to gubernatorial veto and one adopted by voters cannot subsequently be amended or repealed except by the voters or by a three-fourths vote of the Legislature.
VOTER REFERENDUM is defined by Section 9 of Article 2 of the Michigan Constitution as the power "to approve and reject laws enacted by the legislature." Referendum must be invoked, within 90 days of final adjournment of the legislative session during which the law in question was enacted, by filing petitions containing signatures of registered voters equal in number to at least five percent of the total votes cast for governor in the last general election. The effect of invoking a referendum is to suspend the law in question until voters approve or reject it at the next general election.
LEGISLATIVE REFERENDUM is authorized by Section 34 of Article 4 of the Michigan Constitution, which provides that "[a]ny bill passed by the legislature and approved by the governor, except a bill appropriating money, may provide that it will not become law unless approved by a majority of the electors voting thereon."
CONSTITUTIONAL AMENDMENT is authorized by Sections 1 and 2 of Article 12 of the Michigan Constitution and may be proposed either by a two-thirds vote of the Legislature or by filing petitions containing signatures of registered voters equal in number to at least ten percent of the total votes cast for governor in the last general election.
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Last Updated October 23, 2006
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