RightMichigan.com || Comments || Election Results Subject To Constitutional Challenge

Advertise on RightMichigan.com

NEWS TIPS!

RightMichigan.com

Buzz

Who are the NERD fund donors Mr Snyder?
Tweets about "#RightMi, -YoungLibertyMI, -dennislennox,"

Raise the curtain.

Election Results Subject To Constitutional Challenge | 11 comments (11 topical, 0 hidden)

Strict Scrutiny (none / 0) (#5)
by Conlaw on Sun Jul 14, 2013 at 11:46:37 PM EST

Even if there are differences (and I'd argue that in the context of Supreme Court opinons, these are minor) between the MI Constitution and the other 14th A EP Clause cases dealing with voting rights, typically SCOTUS uses "strict scrutiny" (or in the Kramer case, phrased as "close scrutiny") whenever there is a deviation between one-man-one-vote and anything else. See: Kramer v. Union Free School District No. 15, 395 U.S. 621, 626, 89 S.Ct. 1886, 23 L.Ed.2d 583 (1969). See, e.g., Hill v. Stone, 421 U.S. 289, 298, 95 S.Ct. 1637, 44 L.Ed.2d 172 (1975); Abate v. Mundt, 403 U.S. 182, 185, 91 S.Ct. 1904, 29 L.Ed.2d 399 (1971) (courts must "carefully scrutinize[] state interests offered to justify deviations from population equality"); Reynolds v. Sims, 377 U.S. at 562, 84 S.Ct. 1362 (scrutiny should be "careful[] and meticulous[]").

I have a feeling this is why this provision is not enforced. This is not the only provision of the MI constitution that would be held to be unconstitutional if enforced (i.e. term limits on federal representatives). Unless and until this provision were enforced, there would not be standing for a plaintiff to challenge its (un)constitutionality.

Given that the Supreme Court has not spoken to this specific statute, you of course have a legitimate argument to try to distinguish this provision form the one in Kramer, but I think that the Supreme Court would see it as a distinction without a difference.

Parent

And you are welcome by Conlaw, 07/14/2013 11:47:34 PM EST (none / 0)

I thought I would quote from the Kramer opinion by Conlaw, 07/14/2013 11:57:22 PM EST (none / 0)

Though already mentioned by JGillman, 07/15/2013 06:44:12 AM EST (none / 0)
And also by JGillman, 07/15/2013 07:56:29 AM EST (none / 0)

To be clear by Conlaw, 07/15/2013 06:30:24 PM EST (none / 0)

I would welcome by JGillman, 07/15/2013 11:06:59 PM EST (none / 0)

Election Results Subject To Constitutional Challenge | 11 comments (11 topical, 0 hidden)

Login

Make a new account

Tweet along with RightMichigan by following us on Twitter HERE!

NEWS TIPS!

RightMichigan.com

Who are the NERD fund donors Mr Snyder?
Tweets about "#RightMi, -YoungLibertyMI, -dennislennox,"

Raise the curtain.

Menu

Login