Michigan United Conservation Clubs v. Secretary of State

I agree with my two dissenting colleagues that 2000 PA 381 (Act 381) does not constitute an act “making appropriations for state institutions” within the meaning of Const 1963, art 2, § 9. Thus, I would affirm the decision of the Court of Appeals and hold the act subject to referendum. I write separately, however, to make several points.

I. THE CONSTITUTIONAL MEANING OF “ACTS MAKING APPROPRIATIONS FOR STATE INSTITUTIONS”

In Const 1963, art 2, § 9, the people reserved the power of referendum. They limited it, saying it “does not extend to acts making appropriations for state institutions . . .…