Taxpayers of Michigan Against Casinos v. State

The issue presented to this Court on remand from our Supreme Court’s decision in Taxpayers of Michigan Against Casinos v Michigan, 471 Mich 306, 333; 685 NW2d 221 (2004) (Taxpayers), is whether the amendatory provision in the tribal-state gambling compacts purporting to empower the Governor to amend the compacts without legislative approval violates the separation of powers doctrine found in the Separation of Powers Clause in Const 1963, art 3, § 2. As will be thoroughly discussed, we hold that the Separation of Powers Clause in Const 1963, art 3, § 2 was violated in this instance. We affirm…