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Originally posted by LifeInDeath
I think it can be argued that this violates several provisions in the Constitution, like Equal Protection and Universal Suffrage which gives everyone the right to have their votes heard. If you vote for someone, and they are elected, they can't be removed from office without proper due process. This eliminates what has always been considered due process in these matters - namely, impeachment proceedings.
Besides, all of that is moot in light of the fact that this law violates the
§ 1 Counties; corporate character, powers and immunities.
Sec. 1. Each organized county shall be a body corporate with powers and immunities provided by law.
§ 2 County charters.
Sec. 2. Any county may frame, adopt, amend or repeal a county charter in a manner and with powers and limitations to be provided by general law, which shall among other things provide for the election of a charter commission. The law may permit the organization of county government in form different from that set forth in this constitution and shall limit the rate of ad valorem property taxation for county purposes, and restrict the powers of charter counties to borrow money and contract debts. Each charter county is hereby granted power to
levy other taxes for county purposes subject to limitations and prohibitions set forth in this constitution or law. Subject to law, a county charter may authorize the county through its regularly constituted authority to adopt resolutions and ordinances relating to its concerns.
Election of charter commissions.
The board of supervisors by a majority vote of its members may, and upon petition of five percent of the electors shall, place upon the ballot the question of electing a commission to frame a charter.
Approval of electors.
No county charter shall be adopted, amended or repealed until approved by a majority of electors voting on the question.
The Michigan Constitution gives local municipalities, counties, etc. the right to elect their own governments, the new law takes this power away from them in violation of of the Michigan Constitution, it seems to me. This is a violation of at the very least Michigan law, if not Federal law.
Originally posted by Mr Tranny
How come I don’t see anything wrong with it? It is just putting local governments under the same rules as businesses.
If a business files bankrupt, then they send in people that can fire people, replace people, renegotiate agreements, void agreements. Anything that may make the company viable. Or even consider it a lost cause, chop the company up and sell it’s assets.
When a business goes on receivership, it doesn’t mater how many shareholders elected the CEO to his position, if the person appointed to go through the company sees that the CEO is the problem, then he is gone.
This is just along the lines of the same thing for cities/counties.
Currently…. When a city/county goes insolvent, the only thing the state can do is give it more money. They can’t force any of the people out that caused the insolvency!
And insolvency doesn’t just happen on it’s own. The people running the county/city isn’t just helpless victims. They are usually the cause of the problem. But people keep electing them because they like what they do, even if the county/city doesn’t have the money to actually pay for it.
Like a local county here. A local developer had some land in a flood plane that he couldn’t sell. He got his friends in the school board to convince the rest of the people that they needed a new, bigger, better baseball field!!!!!!! So…… guess which land they bought to make the baseball field. You guessed it. How much did they pay for it? Way more than he could get if he sold it for home development. By the end of it, with construction and everything, they was in pretty deep. Come this year, they was facing a million and some shortfall……… Ow wait……. How much did that new baseball field cost?.......... Ow……. Now I get it………
The point is, when you have overgenerous contracts, there is usually someone on the inside that makes that possible. If you void the contract, then the person on the inside will just reinstate it. If you just get rid of the person then the contract is still in force. You have to ditch the contracts, and the people who are awarding them.
No mater how may people elected someone to a government position, if he is the cause of the financial shortfall, then he has to go. There is a breaking point where business can’t go on as usual. We are reaching that breaking point.
edit on 10-3-2011 by Mr Tranny because: (no reason given)