Thomas S. Fredericks

2335 Rowley Road

Williamston, MI 48895-9133

Attorney & Business Counselor

Telephone (517) 655-4100 Cell (517) 525-1413

Electronic Mail: tomfredericks@cablespeed.com

Web Site: http://tomfrederickslaw.com/

 

Michigan Constitution Seminar Outline

 

History

 

Territorial Law: Government of the Northwest Territory Ordinance

 

• Prior to statehood, Michigan was part of the Northwest Territory. During this period, Detroit was the territorial capital, and, instead of a state legislature, Michigan was governed by a unicameral body called the Territorial Council.
• The Ordinance of 1787 was drafted as a compact between the original states, and the people and states of the territory. It promised regions in the Northwest Territory future statehood.
• The Ordinance also provided for

religious freedom,

due process, and the

writ of habeas corpus. The Ordinance of 1787 also

prohibited slavery and

cruel and unusual punishment

 

Michigan has adopted four Constitutions.

Two proposed constitutions were rejected by Michigan’s voters in both 1868 and 1874.  

 

• The Constitution of 1835 was adopted two years before Michigan became a state. The Constitutional Convention of 1835 met at the Territorial Capitol in Detroit on May 11, 1835, and adjourned on June 24,1835. The Constitution of 1835 was adopted at an election held on October 5 and 6, 1835, by a vote of 6,752 to 1,374.

ü  Strong Gov who appointed everybody.

ü  Legislature could borrow money for roads, canals, and locks.

ü  Fiscal crisis. 

 

• On June 3, 1850, a Constitutional Convention met at Lansing and completed its revision on August 15. The Constitution of 1850 was presented at the election of November 5, 1850, and adopted by a vote of 36,169 to 9,433.

ü  Long Ballot electing everybody.

ü  every 16 years the constitutional question on ballot.

 

• Over fifty years passed before a new Constitution was adopted. On October 22, 1907, a Constitutional Convention convened at Lansing and completed its revision on March 3, 1908. The Constitution of 1908 was adopted on November 3, 1908, by a vote of 244,705 to 130,783.
• Four attempts were made to call a Constitutional Convention for the purpose of revising the Constitution of 1908 before the question was approved by the voters on April 3, 1961. A primary election for the purpose of electing delegates was held on July 25, 1961, and on September 12, 1961, one hundred forty-four delegates were elected. The delegates met at Convention Hall in the Civic Center, Lansing, on October 3, 1961, and adopted the proposed Constitution on August 1, 1962. The Constitution was submitted at the election of April 1, 1963, and adopted. A recount established the vote as 810,860 to 803,436. The effective date of the Constitution of 1963 is January 1, 1964.

ü  Municipal home rule.

ü  Line item veto.

ü  initiative and referendum

ü  Women/child labor.

 

 

The Constitutional Convention of 1907-1908, and how the “Rough Rider” himself- Theodore Roosevelt influences Michigan Civil Service to this very day.

 

ü  Prof. James Fairley of the U of M worked for Gov Roosevelt during the 1890’s as NY went from Tamany Hall corruption to a merit based Civil Service system.

ü  Prof Fairley was a 1907 co/con delegate.

ü  Argued for an independent civil service system. Lost.

 

Political Patronage in Michigan.

• “Flower funds” and Michigan Civil Service.
• Imagine a Michigan State Police Trooper appearing in uniform at your front door campaigning for the Governor.
• Civil service depended upon the political party of the newly elected Governor, who fired everyone from the Chief of Staff to the janitors on the day he took office.
• So…the Legislature created the first Civil Service Commission in 1936 which did by statute what Prof Fairley wanted 30 year prior.
• 2 years later, the Gov office and Leg changed party hands, and a “Ripper Act” did away with the CS Commission.
• This created a stir which caused an initiative amending the constitution.  

 

Amending the Michigan Constitution in 1941.

• Why these changes made the Michigan Constitution unique among all 50 States. Creation of a 4th branch of Michigan government. The Legislature can pass no law about wages, benefits, and terms and conditions of employment for state workers. The governor cannot fire at will. Only the Michigan Supreme Court can define the role of the MCSC. So far they have defined Civil Service Commission has absolute, plenary authority over all state classified employees.

 

Michigan Civil Service

 

• 53,000 total.
• 35,000 are union: UAW, MSEA, SEIU, MCO, MSPTA, AFSCME.
• Total Budget- 1 % of the State payroll- 

 

 

§ 5 Classified state civil service; scope; exempted positions; appointment and terms

of members of state civil service commission; state personnel director; duties

of commission; collective bargaining for state police troopers and sergeants;

appointments, promotions, demotions, or removals; increases or reductions in

compensation; creating or abolishing positions; recommending compensation

for unclassified service; appropriation; reports of expenditures; annual audit;

payment for personal services; violation; injunctive or mandamus proceedings.

 

 

Sec. 5. The classified state civil service shall consist of all positions in the state service

except those filled by popular election, heads of principal departments, members of boards and

commissions, the principal executive officer of boards and commissions heading principal

departments, employees of courts of record, employees of the legislature, employees of the state

institutions of higher education, all persons in the armed forces of the state, eight exempt

positions in the office of the governor, and within each principal department, when requested

by the department head, two other exempt positions, one of which shall be policy-making. The

civil service commission may exempt three additional positions of a policy-making nature

within each principal department.

 

The civil service commission shall be non-salaried and shall consist of four persons, not more

than two of whom shall be members of the same political party, appointed by the governor for

terms of eight years, no two of which shall expire in the same year.

 

The administration of the commission’s powers shall be vested in a state personnel director

who shall be a member of the classified service and who shall be responsible to and selected by

the commission after open competitive examination.

 

The commission shall classify all positions in the classified service according to their respective

duties and responsibilities, fix rates of compensation for all classes of positions, approve or

disapprove disbursements for all personal services, determine by competitive examination and

performance exclusively on the basis of merit, efficiency and fitness the qualifications of all

candidates for positions in the classified service, make rules and regulations covering all

personnel transactions, and regulate all conditions of employment in the classified service.

 

1978 Amendment: State Police Troopers and Sergeants shall, through their elected representative designated

by 50% of such troopers and sergeants, have the right to bargain collectively with their

employer concerning conditions of their employment, compensation, hours, working conditions,

retirement, pensions, and other aspects of employment except promotions which will be

determined by competitive examination and performance on the basis of merit, efficiency and

fitness; and they shall have the right 30 days after commencement of such bargaining to

submit any unresolved disputes to binding arbitration for the resolution thereof the same as

now provided by law for Public Police and Fire Departments.

 

No person shall be appointed to or promoted in the classified service who has not been

certified by the commission as qualified for such appointment or promotion. No appointments,

promotions, demotions or removals in the classified service shall be made for religious, racial

or partisan considerations.

 

Increases in rates of compensation authorized by the commission may be effective only at

the start of a fiscal year and shall require prior notice to the governor, who shall transmit

such increases to the legislature as part of his budget. The legislature may, by a majority vote

of the members elected to and serving in each house, waive the notice and permit increases in

rates of compensation to be effective at a time other than the start of a fiscal year. Within

60 calendar days following such transmission, the legislature may, by a two-thirds vote of

the members elected to and serving in each house, reject or reduce increases in rates of

compensation authorized by the commission. Any reduction ordered by the legislature shall

apply uniformly to all classes of employees affected by the increases and shall not adjust pay

differentials already established by the civil service commission. The legislature may not

reduce rates of compensation below those in effect at the time of the transmission of increases

authorized by the commission.

 

The appointing authorities may create or abolish positions for reasons of administrative

efficiency without the approval of the commission. Positions shall not be created nor abolished

except for reasons of administrative efficiency. Any employee considering himself aggrieved by

the abolition or creation of a position shall have a right of appeal to the commission through

established grievance procedures.

 

The civil service commission shall recommend to the governor and to the legislature rates

of compensation for all appointed positions within the executive department not a part of the

classified service.

 

To enable the commission to exercise its powers, the legislature shall appropriate to the

commission for the ensuing fiscal year a sum not less than one percent of the aggregate payroll

of the classified service for the preceding fiscal year, as certified by the commission. Within

six months after the conclusion of each fiscal year the commission shall return to the state

treasury all moneys unexpended for that fiscal year.

 

The commission shall furnish reports of expenditures, at least annually, to the governor

and the legislature and shall be subject to annual audit as provided by law.

No payment for personal services shall be made or authorized until the provisions of this

constitution pertaining to civil service have been complied with in every particular. Violation

of any of the provisions hereof may be restrained or observance compelled by injunctive or

mandamus proceedings brought by any citizen of the state.

History: Const. 1963, Art. XI, §5, Eff. Jan. 1, 1964;—Am. Init., approved Nov. 7, 1978, Eff. Dec. 23, 1978.

Former Constitution: See Const. 1908, Art. VI, §22.

 

The economic and political factors which gave rise to the Michigan Constitutional Convention of 1962.

 

The automation of the auto industry gave rise to high unemployment by 1960, and the State was in a deep recession by 1961.

Gov. Swainson tainted by corruption charges and turmoil.

George Romney resigned as President of Rambler to make his political charge.

Civil Rights.

John Hannah, MSU.

 

 

 

The Michigan Constitution of 1963.

 

Adopted by less than 7,500 votes about 1%.

 

Civil Rights was a forefront issue of the times, and made for a rare stand-alone agency of government. 

 

Civil rights commission; members, term, duties, appropriation.

Sec. 29. There is hereby established a civil rights commission which shall consist of eight persons, not

more than four of whom shall be members of the same political party, who shall be appointed by the

governor, by and with the advice and consent of the senate, for four-year terms not more than two of

which shall expire in the same year. It shall be the duty of the commission in a manner which may be

prescribed by law to investigate alleged discrimination against any person because of religion, race, color

or national origin in the enjoyment of the civil rights guaranteed by law and by this constitution, and to

secure the equal protection of such civil rights without such discrimination.

 

2004- Voters defined marriage.

 

§ 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. Init., approved Nov. 2, 2004, Eff. Dec. 18, 2004

 

 

2006- voters limited affirmative action.

.

§ 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 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.

(3) For the purposes of this section “state” includes, but is not necessarily limited to, the

state itself, any city, county, any public college, university, or community college, school district,

or other political subdivision or governmental instrumentality of or within the State of Michigan

not included in subsection 1.

(4) This section does not prohibit action that must be taken to establish or maintain eligibility

for any federal program, if ineligibility would result in a loss of federal funds to the state.

(5) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based

on sex that are reasonably necessary to the normal operation of public employment, public

education, or public contracting.

(6) The remedies available for violations of this section shall be the same, regardless of the

injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for

violations of Michigan anti-discrimination law.

(7) This section shall be self-executing. If any part or parts of this section are found to be in

conflict with the United States Constitution or federal law, the section shall be implemented to

the maximum extent that the United States Constitution and federal law permit. Any provision

held 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 of

the effective date of this section.

History: Add. Init., approved Nov. 7, 2006, Eff. Dec. 23, 2006.

 

2006- voters approved stem cell research.

 

§ 27 Human embryo and embryonic stem cell research.

 

 

§ 26 Bills; printing, possession, reading, vote on passage.

Sec. 26. No bill shall be passed or become a law at any regular session of the legislature until

it has been printed or reproduced and in the possession of each house for at least five days.

Every bill shall be read three times in each house before the final passage thereof. No bill shall

become a law without the concurrence of a majority of the members elected to and serving in

each house. On the final passage of bills, the votes and names of the members voting thereon

shall be entered in the journal.

History: Const. 1963, Art. IV, §26, Eff. Jan. 1, 1964.

Compiler’s note: In Advisory Opinion on Constitutionality of 1978 PA 426, 403 Mich. 631, 272 N.W.2d 495 (1978), the Michigan

supreme court held that the lieutenant governor may cast a tie-breaking vote during the final consideration of a bill when the senate is

equally divided, and 1978 PA 426 was constitutionally enacted.

Former Constitution: See Const. 1908, Art. V, §§22, 23.

 

§ 27 Laws, effective date.

Sec. 27. No act shall take effect until the expiration of 90 days from the end of the session

at which it was passed, but the legislature may give immediate effect to acts by a two-thirds

vote of the members elected to and serving in each house.

History: Const. 1963, Art. IV, §27, Eff. Jan. 1, 1964.

Constitutionality: A law proposed by initiative petition which is enacted by the Legislature without change or amendment within

forty days of its reception takes effect ninety days after the end of the session in which it was enacted unless two-thirds of the members of each

house of the Legislature vote to give it immediate effect. Frey v. Department of Management and Budget, 429 Mich. 315, 414 N.W.2d 873 (1987).

Former Constitution: See Const. 1908, Art. V, §21.

 

§ 33 Bills passed; approval by governor or veto, reconsideration by legislature.

Sec. 33. Every bill passed by the legislature shall be presented to the governor before it

becomes law, and the governor shall have 14 days measured in hours and minutes from the

time of presentation in which to consider it. If he approves, he shall within that time sign and

file it with the secretary of state and it shall become law. If he does not approve, and the

legislature has within that time finally adjourned the session at which the bill was passed, it

shall not become law. If he disapproves, and the legislature continues the session at which the

bill was passed, he shall return it within such 14-day period with his objections, to the house in

which it originated. That house shall enter such objections in full in its journal and reconsider

the bill. If two-thirds of the members elected to and serving in that house pass the bill

notwithstanding the objections of the governor, it shall be sent with the objections to the other

house for reconsideration. The bill shall become law if passed by two-thirds of the members

elected to and serving in that house. The vote of each house shall be entered in the journal

with the votes and names of the members voting thereon. If any bill is not returned by the

governor within such 14-day period, the legislature continuing in session, it shall become law

as if he had signed it.

History: Const. 1963, Art. IV, §33, Eff. Jan. 1, 1964.

Former Constitution: See Const. 1908, Art. V, §36.

 

 

Alcohol in 1978:

 

§ 40 Alcoholic beverages; age requirement; liquor control commission; excise tax;

local option.

Sec. 40. A person shall not sell or give any alcoholic beverage to any person who has not

reached the age of 21 years. A person who has not reached the age of 21 years shall not possess

any alcoholic beverage for the purpose of personal consumption. An alcoholic beverage is any

beverage containing one-half of one percent or more alcohol by volume.

Except as prohibited by this section, (t)he legislature may by law establish a liquor control

commission which, subject to statutory limitations, shall exercise complete control of the

alcoholic beverage traffic within this state, including the retail sales thereof. The legislature

may provide for an excise tax on such sales. Neither the legislature nor the commission may

authorize the manufacture or sale of alcoholic beverages in any county in which a majority of

the electors voting thereon shall prohibit the same.

History: Const. 1963, Art. IV, §40, Eff. Jan. 1, 1964;—Am. Init., approved Nov. 7, 1978, Eff. Dec. 23, 1978.

Former Constitution: See Const. 1908, Art. XVI, §11.

 

 

Lottery. Note Detroit and the power of Coleman Young at that time.

 

§ 41 Lotteries.

Sec. 41. The legislature may authorize lotteries and permit the sale of lottery tickets in the

manner provided by law. No law enacted after January 1, 2004, that authorizes any form of

gambling shall be effective, nor after January 1, 2004, shall any new state lottery games utilizing

table games or player operated mechanical or electronic devices be established, without the

approval of a majority of electors voting in a statewide general election and a majority of

electors voting in the township or city where gambling will take place. This section shall not

apply to gambling in up to three casinos in the City of Detroit or to Indian tribal gaming.

History: Const. 1963, Art. IV, §41, Eff. Jan. 1, 1964;—Am. H.J.R. V, approved May 16, 1972, Eff. July 1, 1972;—Am. Init., approved

Nov. 2, 2004, Eff. Dec. 18, 2004.

Former Constitution: See Const. 1908, Art. V, §33.

 

 

1963 Death Penalty and Civil Rights.

 

§ 46 Death penalty.

Sec. 46. No law shall be enacted providing for the penalty of death.

History: Const. 1963, Art. IV, §46, Eff. Jan. 1, 1964.

 

 

Not applicable to State employees:

 

§ 49 Hours and conditions of employment.

Sec. 49. The legislature may enact laws relative to the hours and conditions of employment.

History: Const. 1963, Art. IV, §49, Eff. Jan. 1, 1964.

Former Constitution: See Const. 1908, Art. V, §29.

 

 

Balanced Budget-

 

§ 18 Budget; general and deficiency appropriation bills.

Sec. 18. The governor shall submit to the legislature at a time fixed by law, a budget for the

ensuing fiscal period setting forth in detail, for all operating funds, the proposed expenditures

and estimated revenue of the state. Proposed expenditures from any fund shall not exceed the

estimated revenue thereof. On the same date, the governor shall submit to the legislature

general appropriation bills to embody the proposed expenditures and any necessary bill or bills

to provide new or additional revenues to meet proposed expenditures. The amount of any

surplus created or deficit incurred in any fund during the last preceding fiscal period shall be

entered as an item in the budget and in one of the appropriation bills. The governor may

submit amendments to appropriation bills to be offered in either house during consideration of

the bill by that house, and shall submit bills to meet deficiencies in current appropriations.

History: Const. 1963, Art. V, §18, Eff. Jan. 1, 1964.

 

Line Item Veto

 

§ 19 Disapproval of items in appropriation bills.

Sec. 19. The governor may disapprove any distinct item or items appropriating moneys in

any appropriation bill. The part or parts approved shall become law, and the item or items

23 EXECUTIVE BRANCH Art. V, §19

disapproved shall be void unless re-passed according to the method prescribed for the passage

of other bills over the executive veto.

History: Const. 1963, Art. V, §19, Eff. Jan. 1, 1964.

Former Constitution: See Const. 1908, Art. V, §37.

 

More Civil Rights.

 

 

§ 29 Civil rights commission; members, term, duties, appropriation.

Sec. 29. There is hereby established a civil rights commission which shall consist of eight

persons, not more than four of whom shall be members of the same political party, who shall

be appointed by the governor, by and with the advice and consent of the senate, for four-year

terms not more than two of which shall expire in the same year. It shall be the duty of the

commission in a manner which may be prescribed by law to investigate alleged discrimination

against any person because of religion, race, color or national origin in the enjoyment of the

civil rights guaranteed by law and by this constitution, and to secure the equal protection of such

civil rights without such discrimination. The legislature shall provide an annual appropriation

for the effective operation of the commission.

 

No graduated income tax.

 

§ 7 Income tax.

Sec. 7. No income tax graduated as to rate or base shall be imposed by the state or any of

its subdivisions.

History: Const. 1963, Art. IX, §7, Eff. Jan. 1, 1964.

 

 

Other State examples-

 

§ 8 Sales and use taxes.

Sec. 8. Except as provided in this section, the Legislature shall not impose a sales tax on

retailers at a rate of more than 4% of their gross taxable sales of tangible personal property.

Beginning May 1, 1994, the sales tax shall be imposed on retailers at an additional rate of

2% of their gross taxable sales of tangible personal property not exempt by law and the use tax

at an additional rate of 2%. The proceeds of the sales and use taxes imposed at the additional

rate of 2% shall be deposited in the state school aid fund established in section 11 of this

article. The allocation of sales tax revenue required or authorized by sections 9 and 10 of this

article does not apply to the revenue from the sales tax imposed at the additional rate of 2%.

No sales tax or use tax shall be charged or collected from and after January 1, 1975 on the

sale or use of prescription drugs for human use, or on the sale or use of food for human

consumption except in the case of prepared food intended for immediate consumption as

defined by law. This provision shall not apply to alcoholic beverages.

History: Const. 1963, Art. IX, §8, Eff. Jan. 1, 1964;—Am. Init., approved Nov. 5, 1974, Eff. Dec. 21, 1974;—Am. S.J.R. S, approved

Mar. 15, 1994, Eff. Apr. 30, 1994.

Former Constitution: See Const. 1908, Art. X, §23.

 

 

• How to amend it: on the ballot every 16 years. Initiative. Referendum.

 

 

 

ARTICLE XII

Amendment and Revision

§ 1 Amendment by legislative proposal and vote of electors.

Sec. 1. Amendments to this constitution may be proposed in the senate or house of

representatives. Proposed amendments agreed to by two-thirds of the members elected to and

serving in each house on a vote with the names and vote of those voting entered in the

respective journals shall be submitted, not less than 60 days thereafter, to the electors at the

next general election or special election as the legislature shall direct. If a majority of electors

55 AMENDMENT AND REVISION Art. XII, §1

voting on a proposed amendment approve the same, it shall become part of the constitution

and shall abrogate or amend existing provisions of the constitution at the end of 45 days after

the date of the election at which it was approved.

History: Const. 1963, Art. XII, §1, Eff. Jan. 1, 1964.

Former Constitution: See Const. 1908, Art. XVII, §1.

§ 2 Amendment by petition and vote of electors.

Sec. 2. Amendments may be proposed to this constitution by petition of the registered

electors of this state. Every petition shall include the full text of the proposed amendment, and

be signed by registered electors of the state equal in number to at least 10 percent of the total

vote cast for all candidates for governor at the last preceding general election at which a

governor was elected. Such petitions shall be filed with the person authorized by law to receive

the same at least 120 days before the election at which the proposed amendment is to be voted

upon. Any such petition shall be in the form, and shall be signed and circulated in such manner,

as prescribed by law. The person authorized by law to receive such petition shall upon its

receipt determine, as provided by law, the validity and sufficiency of the signatures on the

petition, and make an official announcement thereof at least 60 days prior to the election at

which the proposed amendment is to be voted upon.

Submission of proposal; publication.

Any amendment proposed by such petition shall be submitted, not less than 120 days after

it was filed, to the electors at the next general election. Such proposed amendment, existing

provisions of the constitution which would be altered or abrogated thereby, and the question

as it shall appear on the ballot shall be published in full as provided by law. Copies of such

publication shall be posted in each polling place and furnished to news media as provided by

law.

Ballot, statement of purpose.

The ballot to be used in such election shall contain a statement of the purpose of the

proposed amendment, expressed in not more than 100 words, exclusive of caption. Such

statement of purpose and caption shall be prepared by the person authorized by law, and shall

consist of a true and impartial statement of the purpose of the amendment in such language

as shall create no prejudice for or against the proposed amendment.

Approval of proposal, effective date; conflicting amendments.

If the proposed amendment is approved by a majority of the electors voting on the question,

it shall become part of the constitution, and shall abrogate or amend existing provisions of the

constitution at the end of 45 days after the date of the election at which it was approved. If two

or more amendments approved by the electors at the same election conflict, that amendment

receiving the highest affirmative vote shall prevail.

History: Const. 1963, Art. XII, §2, Eff. Jan. 1, 1964.

Former Constitution: See Const. 1908, Art. XVII, §§2, 3.

§ 3 General revision of constitution; submission of question, convention delegates

and meeting.

Sec. 3. At the general election to be held in the year 1978, and in each 16th year thereafter

and at such times as may be provided by law, the question of a general revision of the

constitution shall be submitted to the electors of the state. If a majority of the electors voting

on the question decide in favor of a convention for such purpose, at an election to be held not

later than six months after the proposal was certified as approved, the electors of each

representative district as then organized shall elect one delegate and the electors of each

senatorial district as then organized shall elect one delegate at a partisan election. The

delegates so elected shall convene at the seat of government on the first Tuesday in October

next succeeding such election or at an earlier date if provided by law.

Art. XII, §1 CONSTITUTION OF MICHIGAN OF 1963 56

Convention officers, rules, membership, personnel, publications.

The convention shall choose its own officers, determine the rules of its proceedings and

judge the qualifications, elections and returns of its members. To fill a vacancy in the office of

any delegate, the governor shall appoint a qualified resident of the same district who shall be a

member of the same party as the delegate vacating the office. The convention shall have power

to appoint such officers, employees and assistants as it deems necessary and to fix their

compensation; to provide for the printing and distribution of its documents, journals and

proceedings; to explain and disseminate information about the proposed constitution and to

complete the business of the convention in an orderly manner. Each delegate shall receive for

his services compensation provided by law.

Submission of proposed constitution or amendment.

No proposed constitution or amendment adopted by such convention shall be submitted to

the electors for approval as hereinafter provided unless by the assent of a majority of all the

delegates elected to and serving in the convention, with the names and vote of those voting

entered in the journal. Any proposed constitution or amendments adopted by such convention

shall be submitted to the qualified electors in the manner and at the time provided by such

convention not less than 90 days after final adjournment of the convention. Upon the approval

of such constitution or amendments by a majority of the qualified electors voting thereon the

constitution or amendments shall take effect as provided by the convention.

History: Const. 1963, Art. XII, §3, Eff. Jan. 1, 1964.

Former Constitution: See Const. 1908, Art. XVII, §4.

§ 4 Severability.

Sec. 4. If any section, subsection or part of Article 2, Section 10, Article 4, Section 54 or

Article 5, Section 30 is for any reason held to be invalid or unconstitutional, the remaining

sections, subsections or parts of those sections shall not be affected but will remain in full force

and effect.

History: Add. Init., approved Nov. 3, 1992, Eff. Dec. 19, 1992.