The Michigan Constitution Podcast

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Podcast 28: Search & Seizure (Part 2) Feb 01, 2021

Show notes

Now, we’ve already established that folks are protected from unreasonable searches & seizures. We discussed the concept of the exclusionary rule and we’ve addressed specific examples of when that may come into play, such as in a vehicle. But now I want to get into even more specifics.

Is it search & seizure if a private person provides something to the police which incriminates a Defendant?

Is it unreasonable to search a pill bottle found in a person’s coat pocket when arrested for driving on a suspended drivers license?

Can the police validly listen to two people’s conversation, when only one person knows they’re being recorded?

We’ll answers this questions, and more, in this podcast!

Podcast 27: Search & Seizure (Part 1) Jan 15, 2021

Show notes

We’ve got a lot to talk about in this Article and Section of the Michigan Constitution. This provision mirrors the United States Constitution’s 4th Amendment. But the citizens of Michigan have added a 3rd sentence which is NOT part of the U.S. 4th Amendment. What is it? Why is it there? (And is it constitutional in terms of what the US Constitution allows for?) Find out this podcast!

Podcast 26: Impairment of Contracts Jan 01, 2021

Show notes

This may be the shortest podcast we’re going to do on the Michigan Constitution. It’s because, honestly, it’s dreadfully boring. But there is one case worth noting: Blue Cross Blue Shield of Michigan versus the Michigan Governor. It sets up a four element test to determine whether the State of Michigan may impair a legally executed contract between two parties. Those four elements are:

The law must affect a substantial impairment of the contractual relationship;
A critical factor in determining the extent of the impairment is a history of past state regulation of the parties to the contract;
If the impairment is minimal, there is no constitutional violation;
But if the impairment is severe, then there must be a showing of a significant and legitimate public purpose behind the regulation, and the means adopted by the legislature to achieve the public purpose must be reasonably related to the public purpose.

Podcast 25: Ex Post Facto (Part 2) Dec 15, 2020

Show notes

We will finish our conversation about Ex Post Facto laws and why substantive, versus procedural, rights are the main factor we review to determine if a law change is an ex post facto violation. We have a two prong test, and then (wait for it) a 7-factor test to roll through! Now, don’t skip out. We don’t review all 7, we merely discuss the factors which are most relevant to our cases at hand!

Podcast 24: Ex Post Facto (Part 1) Dec 01, 2020

Show notes

We are continuing our coverage of Article 1, Section 10 of the Michigan Constitution. Remember, there are technically three provisions which make up this one Section. Before, we covered Bills of Attainder. Now we’re going to address Ex Post Facto laws. These laws are prohibited because, by and large, the make actions criminal which were NOT criminal at the time they were committed. But the key to an actual ex post facto law entails 4 designations. We will talk about them and when laws are (but mostly aren’t) Ex Post Facto, thus unconstitutional.

This podcast is Part 1 of 2.

Podcast 23: Bills of Attainder Nov 15, 2020

Show notes

A bill of attainder occurs when the Michigan Legislature criminalizes something you did in the past, when it wasn't illegal to do it, and does not provide you with a judicial trial. This podcast will review situations where individuals believed the Legislature took an action, against them as a Defendant, and attempted to make their behavior a criminal in nature, without the benefit of a trial.

Podcast 22: Involuntary Servitude Nov 01, 2020

Show notes

This time around we discuss Article 1, Section 9: “Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state.”

But that doesn’t mean that folks won’t make a distasteful argument that being required to do something (or not being allowed to do something) was involuntary servitude and should be prohibited under the Michigan Constitution. But none of these cases successfully won their argument. Find out WHY in this podcast!

Podcast 21: Quartering Soldiers Oct 15, 2020

Show notes

So here’s the thing about Article 1, Section 8…there is no case history, at least not that I could find. And frankly, I find that to be a good thing! We don’t want the State of Michigan forcing citizens to house soldiers, within the person’s home, against their will. So instead, I’m going to give you a little history on this provision, within Michigan, but I’m also going to give you a little history on the United State Constitution’s Third Amendment. It’s the 3rd Amendment upon which our Article 1, Section 8 is based.

Episode 20: The EPGA & Gov. Whitmer Oct 01, 2020

Show notes

In this one off podcast, we review the Michigan Supreme Court case regarding the Executive Orders issued by Michigan Governor Gretchen Whitmer. This case reviews the Emergency Powers of the Governor Act (EPGA) and discusses how separation of powers, delegation authority, the EPGA, Executive Orders, the actions taken by Gov. Whitmer and the Legislature all come to head.

Podcast 19: Military Power Sep 15, 2020

Show notes

The Michigan Constitution Article 1, Section 7 states:

“Military power subordinate to civil power: The military shall in all cases and at all times be in strict subordination to the civil power.”

What this means, practically, is that during times of peace, the Michigan National Guard is subordinate to the laws of the State of Michigan. We have only one case which has ever addressed this constitutional provision.

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