Is any of this constitutional?
CG
^^^^^ CB; The Michigan Supreme Court has a Federalist Society-led majority of Republicans, so, they may give a lying interpretation of the Michigan Constitution, but...
WHY THE DICTATOR LAW VIOLATES THE MICHIGAN CONSTITUTION
The Michigan Constitution prohibits the amendment of a city’s charter unless the amendment is approved by the majority of Electors of that City ( Article VII Section 22 and Article IV Section 29 ( local acts by the Legislature). Whether an amendment of a Charter is initiated by initiative or referendum petitions , its City Council or the State Legislature, it cannot take legal effect without approval of the majority of the Electorate in a vote. Article IV Section 29 provides that a 2/3 vote of the Legislature may initiate the amendment of a city’s charter. However, that amendment is not effective if not approved by the majority of the Electorate of the city in question.
The recently passed Emergency Manager ("Dictator") law purports to empower an Gubernatorially appointed Emergency Manager to assume and to exercise the charter derived powers of a city’s mayor and city council. However, if an Emergency Manager were to do so, the Legislature and Emergency Manager would amend the charter of the city in question. This act would also be a local law. Such an act of amending a city’s charter is not effective without a 2/3 vote of the Legislature and a vote of approval of a majority of the electorate of the city in question, for a charter amendment is a local act as provided for in Article IV Section 29 of the Michigan State Constitution. An Emergency Financial Manager may not , without violating the Constitution, take and exercise any of a city’s, including Detroit's, executive or legislative or any other charter powers without a vote of approval by a majority of a city’s Electors.
STATE CONSTITUTION (EXCERPT) CONSTITUTION OF MICHIGAN OF 1963
Article VII § 22 Charters, resolutions, ordinances; enumeration of powers. Sec. 22. Under general laws the electors of each city and village shall have the power and authority to frame, adopt and amend its charter, and to amend an existing charter of the city or village heretofore granted or enacted by the legislature for the government of the city or village. Each such city and village shall have power to adopt resolutions and ordinances relating to its municipal concerns, property and government, subject to the constitution and law. No enumeration of powers granted to cities and villages in this constitution shall limit or restrict the general grant of authority conferred by this section.
Article IV § 29 Local or special acts. Sec. 29. The legislature shall pass no local or special act in any case where a general act can be made applicable, and whether a general act can be made applicable shall be a judicial question. No local or special act shall take effect until approved by two-thirds of the members elected to and serving in each house and by a majority of the electors voting thereon in the district affected. Any act repealing local or special acts shall require only a majority of the members elected to and serving in each house and shall not require submission to the electors of such district.