Michigan Lawmakers Aim to Bolster State’s Due Process Protections
In response to perceived threats at the federal level, some Democratic lawmakers in Michigan are advocating for changes to the state constitution to fortify due process rights. This move is spearheaded by State Representative Carrie Rheingans (D-Ann Arbor), who emphasized the necessity of these amendments as a safeguard against weakening federal civil rights protections.
During a recent announcement, Rheingans stated, “We are trying to make sure that there are some federal rights and freedoms that are protected in our state laws,” highlighting the absence of certain protections, such as Miranda rights, within Michigan’s existing legal framework. To view the proposed amendment details, click here.
The legislative process for amending the constitution requires approval from a two-thirds majority in both the House and Senate before presenting the question to voters. However, with Republicans holding the majority in the House and Democrats in control of the Senate, the amendment’s passage faces significant hurdles.
One notable aspect of the proposed changes is the establishment of a constitutional procedure for suspending the right of habeas corpus, which protects individuals from being detained indefinitely without formal charges. Under the proposed amendment, any such suspension would necessitate a legislative vote prompted by the governor or attorney general, with the Michigan Supreme Court determining the legitimacy of the suspension in cases of rebellion or invasion.
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