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 what it does.

There have been four constitutions approved by the people of Michigan. The first one was approved on October 5 and 6, 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 an acting territorial treaty and military officer assigned to the Michigan Territory, issued an enabling act. This act allowed the people of Michigan to create a constitution and state government. The Michigan Territorial Council, which was the single legislative body of the territory, called for a constitutional convention to prepare for statehood. The convention met from January to June 24, 1835. Voters approved the proposed constitution on October 5, 1835, with 6,299 votes for and 1,359 votes against, a 5-to-1 margin. The constitution included a bill of rights as its first article. However, it also stated that only white males over the age of 21 could vote. The constitution created a position called the superintendent of public instruction, a role that 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 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, the Attorney General, the auditor general, and the Supreme Court justices elected instead of appointed. It also required the state to create an agricultural school and added sections about local government, finance, taxation, and corporations. The constitution included a rule that voters would be asked every 16 years whether to revise the document. A proposal in 1874 to allow women to vote 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 of 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 includes 27 sections. When the current constitution was adopted in 1963, it originally had 23 sections. This article is like the declaration of rights in many other state constitutions and shares many rules found in the Universal Declaration of Human Rights. Section one states that “All political power comes from the people.” Section two explains that everyone must follow the law, be treated equally, and not face discrimination. Section three describes the rights to gather, speak, and ask the government for changes. It also includes the right to join groups and protest. Section four says, “Every person can freely practice their religion.” Section five protects the freedom to speak and to publish news. Section six gives people 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 or being forced to let government agents enter without permission. Section nine bans slavery and forced labor, but allows community service as a punishment for crimes. Section ten states, “No law that punishes someone for something they did before the law existed, or that breaks a contract, can be passed.”

Section eleven stops the government from searching or taking property without a warrant. Part of this section was ruled unconstitutional in court several times. It said, “Evidence like drugs or weapons found outside a home can be used in court.” Section twelve protects the right to challenge unlawful detention, and section thirteen says people can represent themselves in court or hire a lawyer.

Section fourteen ensures 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, except in special cases. Section sixteen prevents harsh punishments, such as cruel treatment, high fines, or unfair detention. Section seventeen stops people from being forced to say something that could harm them. Section eighteen says witnesses cannot be ignored because of their religion. Section nineteen allows people to defend themselves against false accusations by proving the truth. Section twenty gives rights to people accused of crimes. Section twenty-one bans putting people in jail for not paying debts, and section twenty-two defines treason and how it can be proven. 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 between one man and one woman, which limits same-sex marriage. Section twenty-six, added in 2006, stops programs that favor some people over others in jobs or education. Section twenty-seven, added in 2008, allows research on human stem cells. Section twenty-eight, added in 2022, protects the right to make personal choices about reproduction.

Article two sets rules for elections in Michigan. It says U.S. citizens who are at least 21 years old (but 18 with a law change) and have lived in the state for six months can vote. The government can stop some people from voting if they have mental health issues or are in jail, but courts have ruled this unfair. The article also sets when and how elections are held, who can vote on tax increases, and how to register voters. It allows people to vote by mail or in person and sets rules for fair elections.

Article two also lets people vote on laws directly through initiatives, referendums, and recalls. These processes require petitions and then a vote by the public. 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 explains basic parts of the Michigan government. It says the state capital is Lansing and divides government into three parts: legislative (lawmaking), executive (leadership), and judicial (courts). It also creates 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, including other states, the U.S., and Canada.

Section six limits the state’s ability to build certain projects. Section seven says laws that existed before the constitution can still be used unless they break the constitution. Section eight allows the legislature or 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 the power to make laws belongs to the state legislature, which includes a house of representatives and a senate. It also sets how many senators there are.

Amendments

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

• See also: Michigan Proposal 04-2
• See also: Michigan Proposal 08-2