The Constitution of the State of Michigan is the main rule book for the U.S. state of Michigan. It explains how the state's government is organized and works.

Four constitutions have been approved by the people of Michigan. The first one was approved in October 1835, when Michigan was getting ready to join the United States as a state, which happened in January 1837. Later constitutions were approved in 1850 and 1908. The current constitution was approved by voters in 1963.

Historic constitutions

On January 26, 1835, Stevens T. Mason, who was acting as a territorial officer, issued an enabling act that allowed the people of Michigan to create a constitution and state government. The Michigan Territorial Council, the single legislative body of the territory, called for a constitutional convention to prepare for statehood. The convention lasted until June 24, and the proposed constitution was approved by voters on October 5, 1835, with 6,299 votes in favor and 1,359 votes against. The constitution included a bill of rights as its first article, but it limited voting rights to white males over the age of 21. It also created a position called the superintendent of public instruction, which still exists today. The Secretary of State, Attorney General, auditor general, and Supreme Court justices were to be appointed, not elected.

The Constitution of 1850 was approved on November 5, 1850, after a convention that lasted two and a half months. Major changes from the 1835 Constitution included making the Secretary of State, attorney general, auditor general, and Supreme Court justices elected positions instead of appointed ones. It also required the state to establish an agricultural school and added sections about local government, finance, taxation, and corporations. The constitution included a rule that a general revision of the constitution would be considered every 16 years during a general election. A proposed amendment to give women the right to vote in 1874 was rejected, with 136,000 votes against it and 40,000 in favor.

Michigan held a convention in 1867, but voters refused to accept the new constitution.

The Constitution of 1908 was approved on November 3, 1908, after a convention with 96 delegates that lasted four and a half months, from October 1907 to March 1908.

1963 Constitution

Article one of the Michigan Constitution is similar to the United States Bill of Rights and has 27 sections. When the current constitution was created in 1963, it originally had only 23 sections. It is like the rights sections in other state constitutions and shares many ideas from the Universal Declaration of Human Rights. Section one states that "All political power comes from the people." Section two explains that everyone is equal under the law and that the government must not discriminate. Section three describes rights such as the right to gather, speak, and protest. Section four says that everyone has the right to practice any religion they choose. Section five protects the freedom to speak and to publish news. Section six includes the right to own and carry weapons.

Section seven says that the military must follow the rules of the government, and section eight prevents soldiers from staying in private homes without permission. Section nine bans slavery and forced labor, except for community service as a punishment. Section ten states that laws punishing people after the fact or breaking contracts are not allowed.

Section eleven protects people from unfair searches and seizures and requires police to get a warrant before searching homes. Part of section eleven was found unconstitutional by courts because it allowed certain items found outside homes to be used as evidence. Section twelve protects the right to challenge unlawful imprisonment, and section thirteen says people can choose to represent themselves or hire a lawyer in court.

Section fourteen ensures the right to a jury trial in both civil and criminal cases. Section fifteen prevents people from being tried twice for the same crime and says most people can get bail, though there are exceptions. Section sixteen stops the government from using harsh punishments, excessive fines, or unfair treatment of witnesses. Section seventeen protects people from being forced to confess to crimes, and section eighteen says witnesses cannot be ignored because of their religious beliefs. Section nineteen allows people to claim truth as a defense in cases about false statements. Section twenty outlines the rights of people accused of crimes. Section twenty-one bans putting people in jail for not paying debts, and section twenty-two defines treason and the rules for convicting someone of it. Section twenty-three says that the list of rights in the constitution does not limit other rights people have.

Section twenty-four protects the rights of crime victims and was added by a vote of the people in 1988. Section twenty-five, added in 2004, defines marriage as between one man and one woman. Section twenty-six, added in 2006, stops the use of programs that favor certain groups in education, jobs, or contracts. Section twenty-seven, added in 2008, allows research on human embryonic stem cells. Section twenty-eight, added in 2022, gives people the right to make decisions about their reproductive health.

Article two sets the rules for elections in Michigan. It says that U.S. citizens who are at least 21 years old (or 18 because of a federal amendment), have lived in the state for six months, and meet local residency rules can vote. The legislature can prevent some people from voting if they are mentally unable to make decisions or are in jail, though courts have ruled this is unfair in some cases. The article also sets rules for when and where elections happen, how to raise property taxes, and how to vote by mail. It creates a group to oversee elections and sets limits on how candidates can be listed on ballots. It also requires laws to keep elections fair, protect voting privacy, and allow people to register to vote.

Article two allows people to change laws through votes, called initiatives, referendums, and recalls. These processes start with petitions and end with a vote by the public. It also limits how many times Michigan’s U.S. Senators and Representatives can serve, but these limits were ruled unconstitutional by the U.S. Supreme Court.

Article three explains the basics of Michigan’s government, including that the state capital is Lansing and that the government is divided into three parts: the legislature, the executive branch, and the judiciary. It also creates a state seal and a militia, and allows the state to make agreements with other governments. It limits certain types of government projects and says that laws already in place can stay as long as they do not conflict with the constitution. It also allows the legislature or the governor to ask the Supreme Court for legal advice on important issues.

Article IV has 54 sections. It originally had 53 sections before adding limits on how long state lawmakers can serve. Section 1 says that the state’s legislative power belongs to a group of representatives and a group of senators. It also sets the number of senators.

Amendments

The Michigan Constitution has been changed many times since it was created.

• Key article: Michigan Proposal 04-2
• Key article: Michigan Proposal 08-2