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The Possibly Unconstitutional Failure to DischargeHJR-NN in the Michigan House of Representatives
Doug DanteMay 19, 2009DougDante1@yahoo.com The Speaker of the House was almost certainly aware of or involved in the possiblyunconstitutional handling of Rep. Stahl's motion to discharge HJR-NN, a joint resolution to putbefore the voters a parent's rights amendment.At the time of these events, HJR-NN had approximately 80 sponsors, or more than 72% of the 110members of the Michigan House of Representatives. Information on the amendment is here:
http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2008-HJR-NN&query=on 
 The purpose of HJR-NN was:
“A joint resolution proposing an amendment to the state constitution of 1963, by adding section 27 to article I, to declare the fundamental right of parents and legalguardians to direct the care, upbringing, and education of their children.“http://www.legislature.mi.gov/documents/2007-2008/jointresolutionintroduced/House/htm/2008-HIJR-NN.htm
Rather than putting the motion before the entire House, as required by the Michigan Constitution,the speaker allowed the Judiciary committee to kill Representative Stahl's motion to discharge HJR-NN, in a move which may have violated both Michigan's Constitution and Michigan House Rules.
" Rep. Stahl moved that the Committee on Judiciary be discharged from further consideration of House Joint Resolution NN."http://www.legislature.mi.gov/documents/2007-2008/Journal/House/htm/2008-HJ-09-09-072.htm
Michigan's constitution, covering motions to discharge from committee, reads in part:
"Each house, except as otherwise provided in this constitution, shall choose its ownofficers and determine the rules of its proceedings, but shall not adopt any rule that will prevent a majority of the members elected thereto and serving therein fromdischarging a committee from the further consideration of any measure ..."http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl- Article-IV-16
Michigan House Rules are constitutionally appropriate, providing under Rule 42 for a vote todischarge among "a majority of the Members elected to and serving in the House":
"(3) Nothing in these rules shall prevent a majority of the Members elected to and serving in the House from discharging a committee from further consideration of any measure.(See Const 1963, Art 4 § 16) A notice of one session day shall be given of a motionto
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