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
Equal protection from prosecution. When someone removes an official that you elected, then they are not prosecuting you, the person that elected him,
they are prosecuting the official. And, if you look at my previous statements, I stated that the only thing that may concern it is the state
constitution.
Michigan Constitution:
ARTICLE VII
Local Government
§ 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No county charter shall be adopted, amended or repealed until approved by a majority of electors voting on the question.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.
Umm………That isn’t talking about elected officials……….. The charter commission is referring to the elected group of people that can draft,
or change the charter of that municipality?
Those are the people that decide how the local government is organized. Basically, If 5 percent of the people state that they want to elect a charter
commission to change their county/city charter, then they can set that process in motion. Once you get enough votes to elect a charter commission,
then the commission can draft a new, or revised charter that can be voted on by the electors. If they vote yes, then the new, or revised charter is
the law of the land.
And in your own quoted text, it states…….. “The law may permit the organization of county government in form different from that set forth in
this constitution”
So, it is basically stating that you could even have a charter commission set up a charter for a form of government where you didn’t even vote on
local officials, or even have any local officials, if your voters voted for such a system.
All in all, that quoted text doesn’t even have anything to do with the situation. I don’t see it stating that the local officials are immune to
any state or federal laws. With your interpretation, then a local official could start shooting people, and you couldn’t remove him from office,
because it would be undercutting the will of the electors if you remove him before his term is up. And clearly that would be illogical.