Why is this Initiative Needed?

whyBecause the State has demonstrated that it has no interest or desire to protect the people from suppression imposed by itself — the State.

Ask yourself “Have our Constitutional Rights been violated by either the State or federal government?”.

The answer is obviously, without question, “Yes!”

Yet, when was the last time our State judicial system defended the people from an unjust law or policy being imposed upon the people by the State legislature or other agency of the State?

Consider a few simple examples.

1) Trial by Jury is a cornerstone of American Justice. The U.S. Constitution states clearly in Article 3 Section 2: “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed;”

It reinforces in the 6th Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

… and again in the 7th Amendment: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.”

Then within the Michigan Constitution Article 1 Section 14: “The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. (emphasis added)” 

The US Constitution, which is the supreme law of the land, clearly secures the right of a jury trial to the people, which is reinforced by the Michigan Constitution.

How then can the legislature pass a law, with the full enforcement of the State, which prohibits citizens the right to a jury trial?

Yet… PA 164 of 2013 took that right away. Now if you have a claim against the State of Michigan for such things as tax-related suits,
highway defects, constitutional claims, etc., your case will be heard by an appointed “judge” who works for the State — no more trial by jury.TrialPlanetOfTheApesWhere is our Attorney General, or our county prosecutors, fighting this egregious infringement upon our Constitutionally protected right to a trial by Jury?  Nowhere to be found.

The State will not police itself.

2: Property Rights: According to the U.S. Constitution’s 5th Amendment: “No person shall be …deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Michigan’s Constitution limits authority for land management to land owned by the State, not private property. The only reference to State jurisdiction over land in the Michigan Constitution is in Article 10 Section 5 which reads: “The legislature shall have general supervisory jurisdiction over all state owned lands useful for forest preserves, game areas and recreational purposes;” (emphasis added)

Therefore the State clearly has jurisdiction to manage land owned by the State, but has no authority to manage, dictate, or control the use of private property.

pigsWho comes to the defense of private land owners in Michigan who are bullied, prosecuted, fined, or otherwise terrorized by agencies within the State (such as the DNR or DEQ) because they dared to breached a discretionary decision by a State bureaucrat — such as filling in a puddle or swamp on their private property, raising crops or livestock on their private property the State finds offensive, or building a structure on their private property without state permission.

Who comes to the Constitutional defense of these citizens? The Attorney General? The county prosecutors? Just the opposite. These State officials prosecute individuals trying to exercise their constitutional rights to manage their private property as they deem proper.

3: What about  societal issues insisted upon by the people?  The U.S. Constitution grants no authority whatsoever for the U.S. government to address any aspect of the daily lives of the people or the routine operations of the states.

GovenmentMeddlingThe Constitution was ratified only with the insistence that the Bill of Rights be added which specifically and repetitively restrained Washington from trampling the rights of the people or States.  These right were topped off by the 9th and 10th Amendments which reinforced the virtually unlimited rights of the people while reinforcing that federal authority was limited to the powers enumerated in the Constitution only — nothing else.

Consider marriage.  The U.S. Constitution grants the federal government no authority over marriage.  Without any enumeration within the Constitution, the Federal government cannot address the issue.  As the 9th and 10th amendments insist, any regulation of marriage is the specific responsibility of the people themselves, or the states — not Washington.

The people of Michigan were concerned with the forced devaluation of marriage within the State and in 2004 addressed the issue by passing Proposal 2, a Constitutional Amendment Initiative, which defined marriage as between one man and one woman.  It was challenged in court, reversed, then reinstated.

marriageThe Michigan Constitution, Article 1 Section 25 reads: “To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.”

Now five politically appointed federal supreme court justices have granted themselves, the federal government, outside of any constitutional authority, complete control over marriage throughout every State in the Union.  

This is nothing but the continuation of gross usurpation of power by the federal government over every aspect of society including  education, healthcare, environment, charity, energy, food production, banking, the economy, and now marriage. Remember, history has proven that government destroys everything it addresses.

Who granted government this authority? The Constitution? The People?

No, they simply took it leaving us no recourse because our State “leaders” do nothing.

Consider how our “leaders”,our”public servants”, reacted to the federal usurpation of authority over marriage. Both the Attorney General and the Governor accepted the courts decision hook line and sinker, betrayed the will of the people, and are pushing the implementation of this court decision.  As with all other instances of federal usurpation of power, the leaders of our State are willing participants enabling it to occur. They find it far more beneficial and expedient to say “No” to the people rather than saying “No” to Washington.

These are just three examples of the gross infringement of our liberties by government, but the list is virtually unlimited.

Why is this initiative needed?  Because for decades our public servants have been negotiating away the rights of both the people and State without authority or repercussions.

We can continue to petition, plead, and/or protest with our legislators to do right, but without any means to force their accountability, we leave ourselves at their discretion, their mercy — which has historically been sold to the highest bidder. We’re seen as little more than an irritation to whom they give lip service, but very little else.

We can either fight, plead, or submit.

This initiative provides the people the very real means to fight, to force accountability of our public servants. If they betray our trust — they’ll face the wrath of the people and be forced to forfeit of any gain they reaped by our betrayal.