Synopsis of HJR YY

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

March 5, 2010Yesterday I introduced HJR YY in Michigan along with several House colleagues, ajoint resolution that would change the Michigan Constitution. Why is HJR YY socritically needed?If enacted into law and formally approved by voters, HJR YY would create a Joint Federalism Commission within the legislative council, in essence forcing thecreation of a bicameral and bipartisan commission charged with monitoring andreviewing federal laws and mandates to determine if they violate the MichiganConstitution or if they violate such areas as the 9th and 10th Amendments of the USConstitution.The "why" behind HJR YY is two-fold:Firstly, in cases where the Joint Federalism Commission determines a violationexists, the law will provide for an expedited process for the commission to thenpush appropriate legislation to the floor for voting by all members within 10 sessiondays. In addition, any legislator who is able to successfully petition at least half of the members in their chamber can also force the Joint Federalism Commission tomake a determination on an issue within 90 days. This is important, becausealthough Michigan has a commission that is looking at the mandates it puts upon itscities, no such commission exists to examine the mandates the federal government is in turn placing upon us. Considering that it is the States who created the federalgovernment and not the other way around there is no conceivable reason why sucha commission should not exist. The states are not the counties of the federalgovernment, even if they try to treat us as such.The second "why" that makes this legislation necessary is because of the increasingrole of so called "Memorandums of Understanding," "Compacts," and otheragreements between Michigan and other governments, most notably at the federallevel.Most voters are not aware of what a "Memorandum of Understanding" is, or that they can carry the formal force of law. In many cases such memorandums arecreated under dubious authority. In other cases, the legislature does vote to grant authority for a memorandum to be entered into, but then what the memorandumactually does often exceeds that authority, or delves into areas that are beyond thescope of the authorizing legislation. At this point however, it is very difficult for thelegislature to act to change things. HJR YY will require that all such memorandums