Synopsis of HJR YY

OPSOMMER INTRODUCES BILL TO CREATE JOINT FEDERALISM COMMISSION

http://www.gophouse.com/readarticle.asp?id=6292&District=93

March 5, 2010

Yesterday I introduced HJR YY in Michigan along with several House colleagues, a

joint resolution that would change the Michigan Constitution. Why is HJR YY so
critically needed?

If enacted into law and formally approved by voters, HJR YY would create a Joint
Federalism Commission within the legislative council, in essence forcing the
creation of a bicameral and bipartisan commission charged with monitoring and
reviewing federal laws and mandates to determine if they violate the Michigan
Constitution or if they violate such areas as the 9th and 10th Amendments of the US
Constitution.

The "why" behind HJR YY is two-fold:

Firstly, in cases where the Joint Federalism Commission determines a violation

exists, the law will provide for an expedited process for the commission to then
push appropriate legislation to the floor for voting by all members within 10 session
days. In addition, any legislator who is able to successfully petition at least half of
the members in their chamber can also force the Joint Federalism Commission to
make a determination on an issue within 90 days. This is important, because
although Michigan has a commission that is looking at the mandates it puts upon its
cities, no such commission exists to examine the mandates the federal government
is in turn placing upon us. Considering that it is the States who created the federal
government and not the other way around there is no conceivable reason why such
a commission should not exist. The states are not the counties of the federal
government, even if they try to treat us as such.

The second "why" that makes this legislation necessary is because of the increasing
role of so called "Memorandums of Understanding," "Compacts," and other
agreements between Michigan and other governments, most notably at the federal
level.

Most voters are not aware of what a "Memorandum of Understanding" is, or that
they can carry the formal force of law. In many cases such memorandums are
created under dubious authority. In other cases, the legislature does vote to grant
authority for a memorandum to be entered into, but then what the memorandum
actually does often exceeds that authority, or delves into areas that are beyond the
scope of the authorizing legislation. At this point however, it is very difficult for the
legislature to act to change things. HJR YY will require that all such memorandums
have their language first presented to the commission, which can then reject it
before the state formally enters into a binding agreement.

While people correctly expect a high level of transparency in government, the

increasing role of these formal and informal agreements between the state and the
federal government are creating another level of government where increasingly
important decisions are being made behind the scenes, largely out of view not only
from the people but also the state legislature. Ensuring the state legislature is more
involved will not only help from a transparency standpoint, it will make elected
leaders more aware and accountable for the rules and agreements that unelected
government employees are making outside of the normal legislative process.
Taxpayers correctly want their state legislators to be able to handle the state level
issues and problems that they voted them to Lansing for in the first place. The
Michigan Legislature should not be content to continue to see so much of its rightful
authority taken out of its hands.