The Constitution of the State of Michigan is the official document that guides the government of 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 was approved on October 5 and 6, 1835, as 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 an acting territorial officer and military marshal, issued an enabling act that allowed the people of Michigan to create a constitution and a state government. The Michigan Territorial Council, the single-chamber governing body of the territory, called a constitutional convention in preparation for statehood. The convention lasted until June 24. Voters approved the proposed constitution on October 5, 1835, with 6,299 votes in favor and 1,359 votes against. This was a 5-to-1 margin. The constitution included a bill of rights as its first article. However, the next article limited voting rights to white males aged 21 or older. The constitution also created a position called the superintendent of public instruction, which still exists today. The Secretary of State, the Attorney General, the auditor general, and the justices of the Supreme Court were to be appointed, not elected.

The Constitution of 1850 was adopted on November 5, 1850, after a convention lasting two and a half months. Major changes included making the Secretary of State, the attorney general, the auditor general, and the Supreme Court members elected instead of appointed. The constitution also required the state to establish an agricultural school and added articles about local government, finance and taxation, and corporations. It included a rule that voters would decide every 16 years whether to revise the constitution. A proposed amendment to give women the right to vote in 1874 was rejected, with 136,000 votes against and 40,000 in favor.

In 1867, Michigan held a convention, but voters did not approve the new constitution.

The 1908 Constitution was adopted 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 23 sections. This article is like the declaration of rights in other state constitutions and shares many ideas with the Universal Declaration of Human Rights. Section one says, “All political power is inherent in the people.” Section two explains that everyone must follow the law equally and that no one can be treated unfairly. Section three describes rights such as the ability to gather, speak, and ask the government for changes. It also includes rights to join groups and protest. Section four says, “Every person shall be at liberty to worship God according to the dictates of his own conscience.” Section five protects the freedom to speak and to publish news. Section six includes the right to own and carry weapons.

Section seven states that the military must follow the rules of the government, and section eight says the government cannot force soldiers to stay in people’s homes or allow government workers to enter homes without permission. Section nine bans slavery and forced labor, but it allows people to serve in the community as punishment for crimes. Section ten says, “No bill of attainder, ex post facto law, or law that breaks contract promises shall be passed.”

Section eleven stops the government from searching or taking property without a legal order. However, part of this section was ruled unconstitutional in court cases like Lucas v. People and People v. Andrews. That part said, “This section does not stop evidence like drugs or weapons from being used in court if they are found outside a home.” Section twelve protects the right to challenge unlawful detention, and section thirteen says people can choose to represent themselves in court or hire a lawyer.

Section fourteen guarantees the right to a jury trial in both civil and criminal cases. Section fifteen stops people from being tried twice for the same crime and says most people can get bail, but it lists exceptions. Section sixteen stops overly harsh punishments, like cruel treatment or unfair fines. It also protects witnesses from being held too long. Section seventeen stops people from being forced to say things that could hurt them. Section eighteen says witnesses cannot be dismissed because of their religion. Section nineteen allows people to claim truth as a defense in cases about false statements. Section twenty protects the rights of people accused of crimes. Section twenty-one stops people from being jailed for not paying debts, and section twenty-two defines treason and how to prove it. Section twenty-three says, “Listing certain rights in this constitution does not mean other rights are not also protected.”

Section twenty-four gives rights to crime victims and was added in 1988. Section twenty-five, added in 2004, says marriage is only between one man and one woman, which stops same-sex marriage and polygamy. Section twenty-six, added in 2006, stops programs that give special help based on race or gender and requires equal treatment for jobs and education. 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 rules for elections in Michigan. It says U.S. citizens who are at least 21 years old (but the 26th Amendment lowers this to 18) and have lived in the state for six months can vote. The legislature can stop some people from voting, like those with mental health issues or those in jail, but a court ruled this is not allowed. The article also sets when and how elections happen, who can vote on tax increases, and how to register voters. It also allows people to vote by mail or in person.

Article two gives people the right to influence decisions through initiatives, referendums, and recalls. These processes use petitions and then let voters decide. It also limits how long Michigan’s U.S. Senators and Representatives can serve. Senators can serve twice in 24 years, and Representatives can serve three times in 12 years. These limits were added in 1992 but were later ruled unconstitutional.

Article three describes the basics of Michigan’s government. It says the state capital is Lansing and that the government has three parts: the legislature, the executive branch, and the judicial branch. It also sets up a state seal and a militia, which are groups that help protect the state. The article allows the state to make agreements with other governments, like other states or countries.

Section six limits how the state can build roads or other projects. Section seven says laws and rules that existed before the constitution is still in effect unless they break the constitution. Section eight says either the legislature or the governor can ask the state’s highest court to review laws for fairness before they take effect.

Article IV has 54 sections. It originally had 53 sections before adding term limits for state lawmakers. Section 1 says the state’s lawmaking power is shared between the House of Representatives and the Senate. It also sets the number of senators.

Amendments

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

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