Michigan voters repealed their state's emergency manager in November, only to have Governor Rick Snyder sign a new version of it yesterday. From the first reports out of Michigan it wasn't clear how the law, which takes effect in March, would affect Detroit. That city's finances are now under state review, with the real possibility that Michigan will take it over with a weaker emergency financial manager. But with the new law on the way, would a manager appointed by the state now get amped-up powers come March? Could that manager, for example, cancel union contracts?
The answer's in: Heck, yeah. What's more, even though the new law lets cities vote out an emergency manager, they can't do it for a year and a half. That means Detroit, along with towns already under emergency management, will be stuck without meaning local democracies for a long while more. From the Detroit News:
Nathaniel Elem, an Ecorse city councilman, was hoping the law would allow the Downriver community to get rid of Emergency Financial Manager Joyce Parker.
"We ought to be able to vote her out now, instead of waiting 18 months," Elem said Thursday. "I think it sucks, to tell you the truth."
Michigan Republicans wrote the new law so that it includes spending, so it can't easily be repealed the way the last one was. The activists who campaigned for that repeal are talking about a citizen's initiative to get rid of the law, a move that's harder but not out of reach. They are also considering suing in court, saying the will of the voters has been subverted. For the courts, the question would be whether the new law is substantially different from the old one, or at least different enough to stand.
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I would like to know why these emergency managers laws are not un-Constitutional under Article IV, Section 4 of the U.S. Constitution which requires the United States to guarantee to every State in this Union a Republican form of government. (By Republican the Constitution means a representative democracy, not a dictator or king).
Rather simple have the state courts packed with conservative judges. A really easy thing to do with Michigans history of violence in 3 major cities, fear gets tough on crime judges who are conservatives who believe in lock em up and throw away the key approach to crime elected.
bflynch, how is this law a violation? Have you read the law and do you know the definition of a constitutional republic? How does this local law violate a federal constitution? The federal government has it's own constitution and the state has a separate constitution provided under the 10th amendment. I think you are misunderstanding our federal constitution. This is why we have the ACA , no one is taught the constitution anymore. Read the Federalist Papers if you need intent or clarification.
I believe my original, un-amended section of the Consitution, trumps your opinion of the 10th Amendment:
Constitution of the United States of America, Article IV, Section 4: "The United States shall guarantee to every state in this Union a Republican Form of Government..."
Amendment X: "The powers not delegated to the United States by the Constitution..."
Clearly the Constitution guarantees a republican form of government to the states. A republican form of government includes representation of the citizenry. The Michigan law strips that representation from the citizenry, in defiance of the clearly expressed wishes of a majority of the voters, in their, local, representative government and replaces it with a dictator.
Not because of invasion or rebellion, mind you, but because of financial problems the localities are suffering. Gives one the idea of where the priorities are for today's Republicans, doesn't it?
More of the Republican war on Everyone and Everything Not Republican
It seems strange to me that a law that the citizens of a state seem to so strongly oppose are having it forced down their throats...That sounds like a government takeover and tyranny and all those hateful evil things that conservatives say they can't abide...
Anyone know if the Governor of Michigan can be recalled?
Would someone, PLEASE! explain the "easily" part? Is there case law limiting that dodge?
If it's a spending bill, it can't be put up for repeal in a citizens' referendum. Activists could try to get a citizens' initiative going, which would require more signatures than a referendum. The point of the initiative would be to pass a law that has the effect of nullifying another law -- in this case, the new emergency manager law. You can read more about that here.
If the Michigan courts want to stop the ruse of these laws having spending attached to prevent voter nullification, then the courts need to step in and say the legislature is acting improperly to circumvent the voter initiative law. The courts should consider the possibility they could become a target of one of these laws. Once the Michigan Supreme Court rules this ruse is legal, it is going to be difficult to reverse themselves when it comes to another law that may be very unpopular with the people and the courts.
If being part of a budget is the complication for the issue , then it is tied to the whole budget not a specific issue . That is the usual fed level shenanigan , hide and tie . Tying the bundle together and so providing the need for the spending with the please overlook this little poison pill ribboned insertion on page 2044 .
I don't care what party these people belong to, they are choosing to cash in on the back of a suffering state.
If we as a people, above and beyond any political affiliation, have any common ground in the continued belief in our freedoms, the actions in Michigan need to be firmly condemned by the rest of the 49 of these United States.
AZ, FL, WI, MI...the more states infected by this power-grabbing disease, the harder it will be to quell it and if the same greedy bastards get a stronger hold of our government too, I'd say Michigan is a prime example of what this country has to look forward to.
O so true, Need....
The gifts of not voting in 2010 and the hyped up Tea Party (thanks MSM) are gifts that keep on giving. Also two years and counting of dysfunctional non governance from the House of Representstives, can't forget that.
Blue cities can't manage money nor schools or anything else.Crime is usually high, and they've been blue longer than my hound has been chasing trespassers.So who's to blame? There's no conservatives to point at.
A profoundly ignorant point made by a profoundly ignorant troll named hillbilly.
Two new trolls spouting absolute bull@!$%#. How touching.
Two folks who can poor piss outa boot with directions on the heel unlike you numskull.
Amazing how much support this has from the right. I thought they believed in democracy. Only if it supports what they want I guess. Personally I think Michigan can now be called a dictatership.