ACTION PLAN FOR HJR YY PASSAGE

ACTION PLAN

HJR YYConstitutional AmendmentACTION:

SUPPORT

Referred to Judiciary Committee

Immediate Action Required:

Call Committee Members to get it placed on the CommitteeCalendar

1. Link to Bill

http://www.legislature.mi.gov/%28S%280cjdynnj35aewg45lgxc2bbj%29%29/mileg.aspx?page=getObject&objectName=2010-HJR-YY

Sponsors

2. Synopsis of BillOPSOMMER INTRODUCES BILL TO CREATE JOINT FEDERALISM COMMISSIONhttp://www.gophouse.com/readarticle.asp?id=6292&District=93

March 5, 2010 Yesterday I introduced HJR YY in Michigan along with several House colleagues, a jointresolution that would change the Michigan Constitution. Why is HJR YY so critically needed?If enacted into law and formally approved by voters, HJR YY would create a Joint FederalismCommission within the legislative council, in essence forcing the creation of a bicameraland bipartisan commission charged with monitoring and reviewing federal laws andmandates to determine if they violate the Michigan Constitution or if they violate suchareas as the 9th and 10th Amendments of the US Constitution. The "why" behind HJR YY is two-fold:Firstly, in cases where the Joint Federalism Commission determines a violation exists, thelaw will provide for an expedited process for the commission to then push appropriatelegislation to the floor for voting by all members within 10 session days. In addition, anylegislator who is able to successfully petition at least half of the members in their chambercan also force the Joint Federalism Commission to make a determination on an issue within90 days. This is important, because although Michigan has a commission that is looking atthe mandates it puts upon its cities, no such commission exists to examine the mandatesthe federal government is in turn placing upon us. Considering that it is the States whocreated the federal government and not the other way around there is no conceivablereason why such a commission should not exist. The states are not the counties of thefederal government, even if they try to treat us as such.

The second "why" that makes this legislation necessary is because of the increasing role of so called "Memorandums of Understanding," "Compacts," and other agreements betweenMichigan and other governments, most notably at the federal level.Most voters are not aware of what a "Memorandum of Understanding" is, or that they cancarry the formal force of law. In many cases such memorandums are created underdubious authority. In other cases, the legislature does vote to grant authority for amemorandum to be entered into, but then what the memorandum actually does oftenexceeds that authority, or delves into areas that are beyond the scope of the authorizinglegislation. At this point however, it is very difficult for the legislature to act to changethings. HJR YY will require that all such memorandums have their language first presentedto the commission, which can then reject it before the state formally enters into a bindingagreement.While people correctly expect a high level of transparency in government, the increasingrole of these formal and informal agreements between the state and the federalgovernment are creating another level of government where increasingly importantdecisions are being made behind the scenes, largely out of view not only from the peoplebut also the state legislature. Ensuring the state legislature is more involved will not onlyhelp from a transparency standpoint, it will make elected leaders more aware andaccountable for the rules and agreements that unelected government employees aremaking outside of the normal legislative process. Taxpayers correctly want their statelegislators to be able to handle the state level issues and problems that they voted them toLansing for in the first place. The Michigan Legislature should not be content to continue tosee so much of its rightful authority taken out of its hands.

3.

Get legislation on the Committee Calendar

Identify assigned Committee http://www.legislature.mi.gov/ (House JudiciaryCommittee)

Committee Members:

Mark S. Meadows(D), CommitteeChair, 69th DistrictEllen Cogen Lipton(D), MajorityVice-Chair, 27th DistrictLisa Brown(D), 39th DistrictBob Constan(D), 16th DistrictMarc R. Corriveau(D), 20th DistrictAndy Coulouris(D), 95th DistrictAndrew J. Kandrevas(D), 13thDistrictBettie Cook Scott(D), 3rd DistrictRebekah Warren(D), 53rd District Tonya Schuitmaker(R), MinorityVice-Chair, 80th District Justin Amash(R), 72nd District Joseph Haveman(R), 90th DistrictRick Jones(R), 71st DistrictEileen Kowall(R), 44th District Tory Rocca(R), 30th DistrictMalika Abdul-Basir, Committee Clerk517-373-7256mabdul@house.mi.govRep. Mark Meadows, (Chair)

Phone:

(517) 373-1786

Fax:

(517) 373-5717

Email

markmeadows@house.mi.govEllen Cogen Lipton