August 1, 2008
LANSING − Attorney General Mike Cox today filed an amicus brief in the case Citizens Protecting Michigan's Constitution, et al v Secretary of State, et al.
Cox's amicus brief is separate from the brief filed on behalf of the Secretary of State. Cox's amicus brief declares the proposal as overly broad by recommending too many changes to the constitution.
"The Reform Michigan Government Now proposal is too extensive in both its nature and scope," said Cox. "RMGN is not an amendment, it is a wholesale revision, and therefore it is unconstitutional."
Below is the amicus summary:
"Separate from his role as legal counsel for State agencies, the Attorney General is a constitutionally-established State officer who has an independent obligation to protect the Michigan Constitution and to protect the interests of the People of the State of Michigan. In recognition of this duty, the Attorney General asks to file an amicus brief on these significant constitutional issues. The Michigan Constitution creates a process by which the Constitution may be amended under art 12, § 2, and for more profound changes, may be revised under art 12, § 3. The proposal at issue here is a revision
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not an amendment
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because the changes proposed are so extensive both in their nature and scope, providing for a basic restructuring of our form of government. Therefore, the ballot proposal does not properly fit within the amendment process."
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