Explore every episode of the podcast The Michigan Constitution Podcast

In this one-off podcast, we highlight administrative law cases and how they touch our day-to-day lives.

The Michigan Court of Claims rules on the lawsuit brought by the Michigan Senate against the Michigan House of Representatives.

Article 4, Section 33 states " Every bill passed by the legislature shall be presented to the governor before it becomes law, and the governor shall have 14 days measured in hours and minutes from the time of presentation in which to consider it." Just what they means is being tested in this lawsuit.

We see a 5-2 mash-up of Democratic and Republican nominated justices both rule in favor of, and against, the Plaintiff in the case of River Crest Catering v. the Director of the Michigan Department of Health and Human Services.

We review three mores cases decided by the Michigan Supreme Court.

A controversial 4-3 MI Supreme Court case where all 4 Dem Justices rule against all 3 Republican Justices.

This week we discuss the MI Supreme Court ruling on a third-party violation of the MI Civil Rights Act.

Two MI Supreme Court cases to review this week.

The Due Process Clause of Article 1, Section 17 is addressed regarding PPOs, Competency Hearings, Audio Recordings of a Criminal Defendant, and State of Michigan employees.

Due process ensure you get an objective judge, notice of your court charge and a fair hearing.

We discuss what it means to avoid self-incrimination in the State of Michigan, as protected by the Michigan Constitution.

What does it mean to incriminate yourself in a criminal case/

In this one off podcast we discuss skiing accidents.

In this one-off podcast we discuss local ordinances and how they apply.

Slip and fall lawsuits are the bread & butter of lawsuit lotteries. In Michigan there is the Open & Obvious Doctrine to keep sanity in the courthouses.

There is a public duty doctrine, but there is also governmental immunity. One applies to the police, whereas, the other applies to government employees.

We explain why the right to bail is so critical, but highlight why "Bail Reform" is dangerous.

The Right to Bail is a way to ensure that folks have the right to be free while awaiting trial, or alternatively, are incarcerated to protect the public until their trial.

Double Jeopardy places certain restrictions on the government, thus minimizing repeat trials against a criminal defendant, until the Prosecutor eventually wins the case.

Double Jeopardy is intended to give a criminal defendant closure after guilt or innocence has been determined. But it might not end there.

Double Jeopardy prevents a second criminal trial for the same offense...or does it?

Double Jeopardy protects against governmental harassment of the innocent.

We'll discuss a law firm screwing up their own lawsuit request for a jury trial; we'll talk more about a jury of your peers, and getting thrown out of political office.

Do you know when you have the right to a jury trial in administrative law matters? Criminal trials? Jury of your peers?

Do you know whether a jury trial is allowed for child neglect cases? Real property ownership? Ejectment?

What are your rights to a jury trial at criminal law?

Representing yourself at trial is a protected Michigan Constitutional right. But there are parameters by which a judge may restrict that right.

The right to an attorney and the right to represent yourself are protected by the Michigan Constitution.

Habeas Corpus is the right to a speedy trial, bond and extradition.

Habeas Corpus is the right to a speedy trial, bond and extradition.

We discuss exigent circumstances when police may or MAY NOT conduct a warrantless search and seizure

A Michigan Search & Seizure case goes from the Michigan Supreme Court to the United States Supreme Court!

Is it considered an unreasonable seizure of a person to stay with the police, while they execute a search warrant of your home? To what extent can we give credibility to an informant regarding the information they tell the police?

This time, we address search & seizure from the police officer's point of view.

The MI Constitution has a provision which mirrors the US Constitution's 4th Amendment. But we give a little extra...sorta!

When may the State of Michigan impair a contract between two private parties?

We will finish our conversation about Ex Post Facto laws and why substantive, versus procedural, rights are the main factor we review to determine if a law change is an ex post facto violation. We have a two prong test, and then (wait for it) a 7-factor test to roll through! Now, don't skip out. We don't review all 7, we merely discuss the factors which are most relevant to our cases at hand!

We are continuing our coverage of Article 1, Section 10 of the Michigan Constitution. Remember, there are technically three provisions which make up this one Section. Before, we covered Bills of Attainder. Now we're going to address Ex Post Facto laws. These laws are prohibited because, by and large, the make actions criminal which were NOT criminal at the time they were committed. But the key to an actual ex post facto law entails 4 designations. We will talk about them and when laws are (but mostly aren't) Ex Post Facto, thus unconstitutional.

A bill of attainder occurs when the Michigan Legislature criminalizes something you did in the past, when it wasn't illegal to do it, and does not provide you with a judicial trial. This podcast will review situations where individuals believed the Legislature took an action, against them as a Defendant, and attempted to make their behavior a criminal in nature, without the benefit of a trial.

Some make a distasteful argument that being required to do something (or not being allowed to do something) was involuntary servitude and should be prohibited under the Michigan Constitution. But none of these cases successfully won their argument. Find out WHY in this podcast!

This section of the Michigan Constitution prohibits the State of Michigan from forcibly requiring its citizens from housing soldiers.

We review the Michigan Supreme Court case regarding the Executive Orders issued by Michigan Governor Gretchen Whitmer under the Emergency Powers of the Governor Act (EPGA)

The Michigan National Guard will be subordinate to civil authorities during times of peace.

The right to bear arms may be limited in some circumstances.

There are some restrictions on the right to bear arms, pursuant to the Michigan Constitution. Find out what those are in this podcast.

The Right to Bear Arms pursuant to the Michigan Constitution allows for protection for oneself, property and the State of Michigan

Defamation traditionally occurs when a newspaper writes a story which harms the reputation of the individual. How do we protect the media yet balance a reputation?

Freedom of speech protects obscenity laws, political contributions, commercial speech and political speech.

We continue the conversation about Michigan’s Constitution; Article 1, Section 5; and the Freedom of Speech. This time, we focus in on how the Michigan Constitution addresses topics like Fighting Words, Freedom of Expression, Freedom of the Press, Trials Closed to the Media, Prior Restraint and Freedom of Speech for State of Michigan Employees.

Although the United States Constitution wraps all our free speech rights into the First Amendment, our Michigan Constitution does not. It breaks it up between Article 1, Section 3 as well as Section 5. In this podcast, I start with a general review of Article 1, Section 5 and the free speech concept, generally. This… Read More »Episode 12: Freedom of Speech (Part 1)