Here again is our Thursday segment on what's happening in Michigan, where Republicans control the governorship and both chambers of the legislature.
In a nutshell, the story is that the Michigan Constitution requires that bills wait until the end of the session -- essentially, the end of the calendar year -- plus 90 days before becoming law. You can, however, put a bill into effect immediately, provided you have a two-thirds majority in both chambers. Republicans have that super-majority in the Senate, but not in the House. Yet they appear to have given nearly every bill since they took over in January 2010 immediate effect.
Michigan Republicans have applied immediate effect even to legislation Democrats have opposed in a block, from taking away domestic partner benefits (pdf) to blocking the expansion of union rights (pdf) to the souped-up emergency manager law (pdf) that lets the state replace elected officials with managers who have unilateral control. As you can see in the clip above, the Republican speaker calls for a rising vote, waits a blink, and then gavels in his party's super-majority.
Michigan Democrats have begun using their numbers to demand a record roll call vote, as a means of trying to make Republicans prove they have the super-majorities they claim to have. They say Republicans are denying them roll call votes, and last week, they sued the House (and specifically Republican House leadership) over it. On Monday, a county judge ruled for the Democrats. Issuing a temporary injunction, he ordered the House leadership to grant the roll call votes; he also put on hold several recent bills passed improperly.
I'll add files to this post as they come in. For now, these pdfs: the Democratic brief, the temporary injunction, the House (Republican) appeal and the Democratic response. Also, the official Journal of the House (pdf) on the day Republicans attached "immediate effect" to the emergency manager law. The action is on numbered pages 209 and 210; you'll see the GOP has 62 votes, when a super-majority would be at least 73.
ADDING: Michigan Republicans have totaled up the number of bills Democrats passed under immediate effect when they were the majority and it was nearly all of them. What we don't know yet is whether the Republican minority requested roll call votes and was denied them, which is what Democrats say has been happening to them.
More on this story Friday night and next week. If you've got links to add, please drop them in the comments.
Leave a Comment:
Woops. I meant "Michiganders." My sincerest apologies to the good people of the Great State of Michigan.
Many of us prefer Michiganians instead of being called a male goose.
Doesn't the U.S. Constitution say that the nation guarantees to each state a republican form of government? What does that mean if it does not impose on the federal government an obligation to take action when democratic government is subverted in one of the states?
I just want to thank Rachel Maddow for bringing this to attention because it is seriously being undercovered in our local press.
Would someone please tell me why this doesn't make Michigan a rogue police state? Well, apart from the fact that police are apparently a luxury that the Republicans don't want to pay for.
They don't want to pay for anything with the word "public" attached to it.
http://videocafe.crooksandliars.com/heather/michigan-republicans-illegally-pass#comment-2057719
look at the only two posted comments at this above site. Gotta leave it to those people that watch actual video of Michigan State House in session and can just dismiss it as being as just Liberal lies.
Oops sorry, I was about to repost comment after my sign up was verified. Now I gotta post something in order to keep from repeating myself. Technology.
I think I am going to throw up.
This is just a first draft - any suggestions would be appreciated. I was thinking about adding some stuff about unalienable Rights and Laws of Nature - do you think that would be too much? I need a good punchy opening sentence too.
... But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such government, and to provide new Guards for their future security...
The history of the present [Governor of Michigan] is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To Prove this, let Facts be submitted to a candid world...
... He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their acts of pretended legislation: ...
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our governments:
For suspending our own Legislature, and declaring themselves invested with Power to legislate for us in all cases whatsoever...
A [Governor], whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People.
(I thought I might add something about pledging our Lives, our Fortunes and our sacred Honor - what do you think? No - really - I can take constructive criticism as long as it's constructive and not very critical.)
Adam_Selene - Michigan Shall be Free!
I think Reverend Al and Jesse are stepping lightly lately. I would just say that they need to go where there is injustice like this, it would probably help if other minorities got involved representing all people. It would show more power concerning all people. I seriously think they need help from other minorities on this one. This is a humanities issue and it should concern every American.
Sounds like the Declaration of Independence in the format. I think it's great.
Unfortunately, there is a ton of buyers remorse in the nation right now. Or "voters" remorse. However, I find it hard to believe that the great folks of Michigan, even dreamed that a proclaimed "small government" republican, would literally expand state government to this extreme. I can't imagine what will happen. If they somehow manage to get Flipp Romney elected. That prospect scares the hell out of me. Almost to the point of preparing myself for a possible trip to Canada. After all. It only takes 3 yrs residence, and a small fee, and TA DA! I'm Canadian. At least I'll have "Affordable healthcare". But, I guess if Flipp does win the election. The immigration issue should go away. For the US anyway. Its going to be Mexico and Canada's problem. When all us illegal aliens start flooding across their borders. Heh! Maybe thats their intent? Oh well, its Friday! And time for a cocktail. My mother ALWAYS taught me. Elections have consequences, and, if you don't vote. You have no right to complain. Unless of course, new laws prevent you from voting. Alright, I added the last part. Love the show Rachel! Keep pulling the curtain back on all these professional scam artists, masquerading as politicians.
We may all be joining you. Especially now that the intentions of the rich are to rape our Beautiful America for profit and then move to another country. Why don't they take the GOP with them then, we can begin the task of healing our nation. "Oh, beautiful for Spacious Skies for amber waves of grain for purple mountains majesty, above a fruited plain, America, America God shed his grace on thee and crown thy good with brotherhood from sea to shining sea."
It would appear that "small government" is the new marketing term meaning "oligarchy" or "plutocracy" (putting governance into the hands of a few wealthy individuals). The voters just haven't figured that out yet. :(
Loved the clip that was shown from MGTV of one of the roll calls for immediate effect. Makes you wonder what the Speaker's definition of a "supermajority" is. From the video, it seems like the Speaker looked out onto the floor and counted two legislators standing and one sitting. Bingo - two-thirds majority!
Why does there even need to be a roll call in the first place? They should already know if immediate effect can attach (i.e. do they have a supermajority or not) by counting the Yea/Nay votes that passed the bill in the first place...right??
Take a look at what's happening in Michigan right now. Look long and hard. This is the Republican plan for America. This is their idea of 'small' government. That is a government not run by a body of elected officials, but by one individual. See, smaller government; one guy! And we didn't have to bother with a cumbersome electoral process. This is America's future under Republican leadership. Goodbye Democracy. Goodbye one person, one vote. Hello one Manager, no votes. And the so-called 'Liberal Media' is ignoring this strangling of Democracy. Liberal my butt!
I wander if some of the GOP were actually promised Kingship. Like McCain was promised to be the King of Arizona. Boehner gets to be King of Ohio. No wonder they're not passing any legislature concerning the infrastructure. They'll deal with all that when they become King. We may even have some Queens. Like Queen Palin of Alaska but, that's not fair she gets such a large section. The California King is pretty lucky whoever that'll be. Which State houses our arsenal and who will be the King of that State? Maybe they haven't hammered out the details yet. I'm guessing the plan is still in the preliminary stages. But, everything is set in motion for when President Obama is defeated. That is why they want so badly to be rid of him. That is why they are lieing so much the pay-off is worth it for them. Their own castle.
My co-host Monica RW and myself of ROJS Radio were first to discuss this story back on March 17th when we interviewed Michigan Rep. Stapleton on our radio show. During her interview she discussed how the GOP was (illegally) misusing the immediate effect statute and she also discussed the roll call vote issue. On top of that, she stated that she sees some sort of 'voter fraud' occurring in the MI House almost EVERYDAY! Please listen to our interview here http://www.youtube.com/watch?v=7UXJ-p4d5MU&feature=youtu.be
Thank you also! For doing what we as Americans have unfortunately taken for granted for 200 yrs. And that's reporting the TRUTH! And thank god for the invention of social media as well. This "fair and Balanced" propaganda machine the republicans have right now...Not to name names...is a disgrace. And I truly feel...at age 46. The options of finding the "real" truth. Are getting harder to find. I grew up watching Walter Kronkite. Allot of the news media need to take a chapter out of his playbook. Report the news as it happens. Then let the viewer decide where they stand. If Washington is allowed. And state Governors are allowed, to manipulate, media. In my opinion we are doomed. We're already, in my opinion. On a very slippery slope, when politicians "decide" what the next news cycle scoop will be. A free press is hard to find right now. And I sincerely hate to use the Joe Scharborough(sorry Joe for the murder of the last name spelling)...and the ENTIRE Fox News analogy. BUT. I would hope that IF it were the Dems doing this stuff. The "liberal" media would call them out as well. By the way. I love Joe. Except when he falls back on that Fox excuse that..."If a Republican did this...or did that...the press would have a field day". Lame argument...and totally beneath a man like Joe anyway.
And finally. I'll steal a line from another MSNBC guy. LET ME FINISH. President Bush....by the way....most americans tended to refer to him as that...as opposed to.. "Bush" or G.W. Was...for better or worse...MY President. Too bad President Obama. for whatever reason.....is rarely honored with the title he earned by an almost landslide victory as President. Don't get me wrong...I'm a pasty white 46 yr old high school graduate, who's worked hard my whole life. By choice. From Virginia no doubt. BUT. If I can recognize Mr. Bush as President. Why can't Republicans return the favor? Just a casual observation of how his opponents like to diminish the office.
The President is putting a damper on their plans, Whatever their plans were to take over our country has been halted by President Obama. This is why they want so badly to get rid of our President. So, that is why they are telling their base that he is Musllim or he wasn't born here. It's all in an attempt to have their way with The Middle Class and the poor. We have 2 groups who are now against The American people, One is the rich and One is the White Supremist backed by the far right GOP extremist groups. They are working side by side to destroy the Principles in which our Country was founded on. Of course they are using Rubber and Glue tactics and whatever else they can come up with Maybe arrest should be made for those who are obstructing our Beautiful Nation. Maybe an example should be made Other countries have imprisoned their Human Activist Why don't we do the opposite and start arresting the De-_humanizers in our country. That way all these private prisons the GOP want to open can start getting filled with their own kind.
All I have to say. You get exactly what you vote for. Sure..corporations control the airwaves...control the media...control washington. And... inadvertently...so they think...control me. WRONG!!! For now....I control where I shop....who I trust...who I don't. I commend Coke, Pepsi, Kraft, and Intuit...for pulling out of the Koch Bro's organization. I hope Wal-Mart, Target, Home Depot, and anything associated with Steve Forbes does the same. While these "corporate Gu Ru's " THINK us backwoods high school grads are just "ignorant". Maybe we are? BUT...we do have a few high school only grads that are smart enough to know....they NEED US...we don't need them....we've survived for 200 yrs without their "Help".....and...I challenge ANYONE DEM or Repub. Come to Cohoes NY...Small bussiness is thriving. Send a reporter here....I'll show you all how TRUE americans survive. The Proof is in the pudding. Come see ME first. I'll give you all a personal tour of true American know how.
Come on MSNBC get behind this story like the Trayvon Martin story. This story needs national attention. Things are moving in Florida for the Martin family so things need to move for the people of Michigan whose rights have been taken away. This country is definitely moving in the wrong direction and before you know every state will be trying what Michigan has already done. Some things are already happening in that direction in other states so before it becomes a plague on democracy it needs to be stop immediately.
If MSNBC does the right thing, they will have the support of The American People which is saying a lot because The Congress doesn't listen to us we need a voice, please be our voice. This issue is worth a lot more than a paycheck at this point. If you're hungry we will feed you, if you are tired you may rest here. We are not rich but, we will try to help you because it is the right thing to do. This is a decision you will never regret. On the other hand you may live to regret deciding to side with the MONEY. This has now become more than vacationing in the Hamptoms this has become who are you willing to sacrifice in order to vacation there. We are not Muppets we are alive, we are human beings.
haha this is so phony sorry but the GOP is a joke.. yea i said it
It was interesting to watch the voice vote clip on your segment. I have never seen a call for 'All in favor to please rise.' Common is 'Aye', or a show of hands. The 'please rise' call was deliberate: the members could not see who or how many remained seated.
We need to call out the hypocrisy on this issue. Or from a religious point of view "Love your neighbor as your self." Would republicans want to be treated as they are treating the minority?
If democrats acted by creating laws limiting freedom like republicans have, republicans would call them Nazis, and Communists and that would be the charitable words that could be aired on TV or radio. This is what Rush L would say if democrats acted like the Mich republicans have.
Thanks for this piece of work - journalism at its best - someone in a pork-pie hat, cigarette dangling from the lip, rummaging around in dumpsters behind city hall comes to mind. I don't know why it took the Dems so long to get on the ball with this, but I suspect they were blindsided by it as I am. While we hear so much about WI - is WI the red herring here? While we fuss about WI, something dark and evil works its way through MI, and no one is paying any attention? What's happening in WI is clearly a threat to America, but MI's situation is dire - for me, it's nothing but fascism! These are the tactics used by Hitler to gain power. If anyone wants to understand the GOP playbook, study Hitler in the last 20s and early 30s. Big Biz and many an American admired Hitler, right up to the war, and some continued their admiration during the way - Hitler's "anti-Communism" made him the darling of many, and Hitler's Anti-Semitism was received favorably by many, including Henry Ford.
Never Foget the Holocaust.
All the people from Michigan should, immediately, email their Reps and Senators and give them a piece of your mind. Get them to explain how the rules are being circumvented to obtain control of everything. Send an email everyday or call their offices. Writing on blogs is not where you will find the answers to your questions. It will be from the mouths of the elected who will have to give coherent answers. If they don't, keep asking! I have emailed both, my Rep and Senator, unfortunately it's Easter weekend. Maybe I'll get an answer next week. If not, I'll do it again and again.
They will probably not be able to get through to their Representatives. I can not get access to some of my Representatives. This no longer works. They have taken away access to them. If you do want to E-mail them you have to give them very personal information which puts you in a position of being a target possibly for a White Supremist.
My wife and I have done it many times and receive a form letter in response...but we continue to contact them.
Lets all give Coke a round of applause as they terminated their connection with ALEC, American Legislative Exchange Committee, the people coming up with all of this funky legislation, gun laws, union busting laws and backing Scott Walker in Wisconsin. The Koch brothers are a major backer of ALEC and they have billions to spread around to get their way. Go to the ALEC website and see who the main players and corporations are.
Is there any personal background information on The Koch Brothers I'm trying to see why they have affiliated themselves with White Supremist.
The actions of the Michigan Republican leadership are nothing short of shocking. But the Rachel Maddow Show has always been about substance and not just outrage, so in that spirit I've got a question that I hope she and the show follow up on.
I recall in the piece that Rachel said that the number of pieces of legislation submitted "for immediate effect" was much greater recently than in the past. I saw this issue referred to on Gawker, but the brief summary in the first paragraph was followed by the inevitable "they all do it" concession to "the other side" accusing Democrats of having used the same tactic in the past. (Significantly, it offered no specifics or details.)
So my question to the show is this: Is Gawker's claim in any way true, and to what degree - is it merely that Democrats have put legislation into "immediate effect" or that they have done it via voice vote? If the latter, has the voice vote tactic been used to give political cover to some of the voters, or to hide an obvious lack of sufficient votes even in the face of loud protests? And even if it was, is the current situation substantially different due to the number of times that this has been used? Are statistics available?
Computer limitations prevent me from re-watching the piece on line, so my apologies if some of these questions were already answered.
Democrats may have done it for Humanitarian reasons. The GOP are doing it for their own selfish gain.
Yes, but done what? Push through urgently needed legislation by constitutionally valid means, or subvert democracy and the rule of law? That's my point - the Gawker piece was just too (conveniently?) vague.
http://www.detroitnews.com/article/20120407/POLITICS02/204070340/Michigan-House-Dems-sue-GOP-rivals?odyssey=mod|newswell|text|FRONTPAGE|s
From reading that, I can see that the Democrats were guilty of using a majority count to immediately enact just as high of a percentage of their new laws. I can't tell if they actually had a 2/3 majority, but it does show that both sides abused this emergency provision to push forwards laws that clearly were not emergencies.
When more details of this story come out, I'll be interested in seeing a comparison as to the severity of the laws Republicans immediately enacted in the last two years and how they adversely affect employee/voter rights.
But I also say shame on all members of the Michigan Senate for making it such protocol to immediately enact laws that were supposed to take time to take affect and undergo a potential repeal process.
Such immediate enactment creates a great sense of volatility in the way people see their government, and someone at some time in the Michigan Senate thought it was a good idea to make sure these laws take time to go into effect. If they didn't like that law or thought it wasn't useful, they should change that* law. But to create this song and dance to go around it was inevitably going to cause trouble. The Michigan Senate is reaping what they sow.
I hope Rachel Maddow and the rest of MSNBC explore that dimension of this story. I love MSNBC but I don't want them to become the polar opposite of Fox News when it comes to bias in the media.
Stop trying to dismiss this story as some political ploy it is more than that. Look behind the Legislation that is being passed. Versus legislation being brought up by Other Partys.
The reason Garoko88 and I are asking the question is not to pass it off as a political ploy. It's to prevent others from doing that.
If (or, I should say, when) Fox News and others try to pooh-pooh this as just some procedural technicality that "everybody" does, we need to be able to counter with specific, hard facts showing that, whatever the Democrats may have done in the past, it does not compare to standing up in front of a legislative body and claiming votes that are quite obviously not there in order to enact radical legislation taking away the right of large numbers of citizens to participate in democracy.
Unless they actually have done that, in which case shame on them. But I somehow doubt it.
Exactly right, Saffi Anne. The severity of the laws that the GOP in MI enacted during their majority in comparison to what the Dems did during their majority is a crucial issue here.
But I also know that organizations like Fox News like to mine through to find any possible counter to news stories (no matter how weak or immaterial) and present it as a direct counterpoint in order to say "well both sides are equally guilty of this". I point to Fox News countering Rush's comments about Sandra Fluke to a 2-year old comment that Bill Maher made about Sarah Palin (which they already made a fuss about when it first happened).
I think MSNBC and Maddow should get ahead of that counter, point it out first, admit it is part of the problem and go to what laws the GOP have enacted in their majority vs. what the Dems had done previously.
Thank you for connection to the article. I notice it was a Detroit News article which is a newspaper with a heavy conservative bias. I don't necessarily question the existence or numbers they site, as the vagueness they are cited. I would like to know the actual makeup of the House in the Dem majority in 2009. Did they already have the amount needed for immediate effect or were they sitting there as the current republicans, with about 10-12 votes shy of two-thirds. Regardless, neither groups should do it and they should trust their bills would live through the time alotted and the scrutiny in that time. If it did not, they need to change it and try again.
In 2009, the Democratic majority got all but two of the 242 laws it passed to go immediately into effect after then-Gov. Jennifer Granholm signed them.
The next year, Granholm signed 383 laws passed by the House, 365 of which had an immediate-effect clause, Republicans said Friday.
In their suit, the Democrats contend the Republicans, who took over the House 15 months ago, have passed 546 of 566 bills with an immediate-effect clause attached.
Under previous practice, a law could take immediate effect without a recorded roll call if two-thirds of the House — or 73 of the 110 members — voted yes.
As the current majority, the Republican leadership has had its members simply rise to vote to give a law immediate effect, just as Democrats had done.
Then Speaker Pro Tem John Walsh, R-Livonia, typically would declare the immediate-effect clause passed.
State Rep. Kate Segal, the Democratic floor leader, on Friday said her party was just as guilty of not getting roll call votes as the Republicans are now.
"Both parties have taken advantage of the immediate effect and gotten away from the constitution," said Segal, D-Battle Creek.
Maddow implied that Republicans have been trampling on the constitution by using immediate effect so frequently, without noting the Democrats' regular use of the procedure during Gov. Granholm's tenure.
On Friday, Republican House staff members totaled up Democrats' use of the procedure in the last legislative session and released the numbers to the media.
From The Detroit News: http://www.detroitnews.com/article/20120407/POLITICS02/204070340#ixzz1rMrUNrdb
What is the content and context of the bills passed by a Democratic majority in 2009 vs. that of today's Michigan legislative bodies? Maybe former Governor Grantholm could come on the show this week with examples of the bills she signed (if Current will ok an appearance?) To say "both sides do it" isn't equivalency. Michigan Dems need to release information about the bills their majority passed vs what we know about these 546. Are we comparing apples and oranges?
What I'm really interested in, is what happens if it is proven that the Republicans lied about emergency effect votes?
Sure, a judge could overturn every law that was put into effect that way, but with so much damage being done (and the laws still having at least passed on a non emergency basis); it seems there'd have to be more done than that.
Does anyone know what Michigan law says laws which were illegally put into emergency effect, or the people who did it? Has anyone ever been caught doing this before?
Personally I'd like to see all the laws nullified, the people responsible prosecuted and banned from holding office in the future, and the state be responsible for making whole all those who's rights were illegally stripped from them.
Where is the NY Times on this? Waiting until is is forced to give it some ink? Readers of the Times and the Post should be asking why they did not expose this story. Once again Rachel scoops them and the MSM are dragging their feet. Why? The implications are scary. What is next, legislatures start buring down. It worked before for authoritarians. Everything is an emergency. What has to be done is massive federal intervention. We do not permit state dictatorships by breaking the law to remake the law. If necessary nationalize the Michigan National Guard to enforce court orders.