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In the years immediately preceding 1837, when Michigan was at last admitted to the Union, her constitution and State Government were devised by her pioneer inhabitants. The formal proceedings of the Constitutional Conventions of 1835-36 were printed at the time but are now extremely rare volumes. The debates in the Constitutional Conventions were never officially printed, but author Harold M. Dorr has been able to extract many of them from contemporary newspapers and has combined them with the official records in such a way as to present the complete story of how one American state faced and solved the problem of its own organization. Thus, the volume contains materials that the historical student could not gather for himself except at the expenditure of much time and trouble. Dorr is an Assistant Professor of Political Science at the University of Michigan.
The fundamental importance of the 1787 Constitutional Convention continues to affect contemporary politics. The Constitution defines the structure and limits of the American system of government, and it organizes contemporary debates about policy and legal issues—debates that explicitly invoke the intentions and actions of those delegates to the Convention. Virtually all scholarship emphasizes the importance of compromise between key actors or factions at the Convention. In truth, the deep structure of voting at the Convention remains somewhat murky because the traditional stories are incomplete. There were three key factions at the Convention, not two. The alliance of the core reformers with the slave interests helped change representation and make a stronger national government. When it came time to create a strong executive, a group of small state delegates provided the crucial votes. Traditional accounts gloss over the complicated coalition politics that produced these important compromises, while this book shows the specific voting alignments. It is true that the delegates came with common purposes, but they were divided by both interests and ideas into three crosscutting factions. There was no persistent dominant coalition of reformers or nationalists; rather, there was a series of minority factions allying with one another on the major issues to fashion the compromise. Founding Factions helps us understand the nature of shifting majorities and how they created the American government.
For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor. By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.
The Michigan State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Michigan's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its drafting. This treatment, along with a list of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of Michigan's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Journal of the Proceedings of the Convention of Delegates chosen by the electors of the State of Michigan, in pursuance of an act of Congress of June 15, 1836, and an act of the Legislature of said State, of July 25, 1836, for the purpose of taking into consideration the proposition of Congress, relative to the admission of the State of Michigan into the Union; begun and held ... in the village of Ann Arbor ... the 26th day of September ... 1836, etc

Michigan. Constitutional Convention, 1835-36

Published: 1836

Total Pages: 36


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Which branch of government should be entrusted with safeguarding individual rights? Conventional wisdom assigns this responsibility to the courts, on the grounds that liberty can only be protected through judicial interpretation of bills of rights. In fact it is difficult for many people even to conceive of any other way that rights might be protected. John Dinan challenges this understanding by tracing and evaluating the different methods that have been used to protect rights in the United States from the founding until the present era. By examining legislative statutes, judicial decisions, convention proceedings, and popular initiatives in four representative states-Massachusetts, Virginia, Michigan, and Oregon-Dinan shows that rights have been secured in the American polity in three principal ways. Throughout the eighteenth and nineteenth centuries, rights were protected primarily through representative institutions. Then in the early twentieth century, citizens began to turn to direct democratic institutions to secure their rights. It was not until the mid-twentieth century that judges came to be seen as the chief protectors of liberties. By analyzing the relative ability of legislators, citizens, and judges to serve as guardians of rights, Dinan's study demonstrates that each is capable of securing certain rights in certain situations. Elected representatives are generally capable of protecting most rights, but popular initiatives provide an effective mechanism for securing rights in the face of legislative intransigence, and judicial decisions offer a superior means of protecting liberties in crisis times. Accordingly, rather than viewing rights protection as the peculiar province of any single institution, this task ought to be considered the proper responsibility of all these institutions. By undertaking a comparison of these institutional methods across such a wide expanse of time, Keeping the People's Liberties makes a highly original contribution to the literature on rights protection and provides a new perspective on debates about the contemporary role of representative, populist, and judicial institutions.