About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

10 Wayne L. Rev. 309 (1963-1964)
The Michigan Constitution of 1963

handle is hein.journals/waynlr10 and id is 321 raw text is: WAYNE LAW REVIEW VOLUME 10 WINTER, 1964 NU BER 2 THE MICHIGAN CONSTITUTION OF 1963 MELVIN NORDi- I INTRODUCTION T HIS article presents a summary of the principal features of the constitution adopted by the people of Michigan in 1963, which became effective on January 1, 1964. No effort will be made here to treat every section of the constitution exhaustively, or to quote texts of the 1908 and 1963 Michigan constitutions except insofar as necessary. Instead the object will be to highlight the principal changes in each article of the constitution, with particular reference to the legal problems presented. It is important for lawyers to keep in mind that, No part of an old constitution survives adoption of a new one; the latter in all re- spects supersedes the earlier.' Thus, if any gaps have been left in the 1963 constitution, whether intentionally, through inadvertence, or as a result of subsequent court interpretations and decisions (such as the holding of some provision to be unconstitutional under the United States Constitution) there is no way to fall back upon provi- sions of the 1908 constitution. On the other hand, as to statutes and legal rights and liabilities in general, there are saving clauses in the 1963 constitution which provide that these continue in effect except as modified by or in ac- cordance with the new constitution.2 However, many existing statutes t Member of Michigan State Bar; Delegate to the 1961-62 Michigan State Con- stitutional Convention; Former Faculty Member of Wayne State University Law School. 1. In re Palm, 255 Mich. 632, 635, 238 N.W. 732, 733 (1931). 2. Mich. Const. sched. § 2 (1963), provides: All writs, actions, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, titles and rights existing on the effective date of this constitution are protected. Mich. Const. sched. § 13 (1963) provides that all contractual obligations of the state incurred pursuant to the 1908 constitution shall continue to be obligations of the state. Mich. Const. art. II, § 7 (1963) provides that the common law and the statutes now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are changed, amended or repealed.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most