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House adopts resolution directing clerk on presentation of enrolled bills amid constitutional objections

2886224 · March 12, 2025
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Summary

House Resolution 41, directing the clerk to only present certain enrolled bills to the governor, was adopted after debate in which members cited Article IV, Section 33 of the Michigan Constitution and warned about separation-of-powers concerns.

The Michigan House adopted House Resolution 41, a resolution directing the clerk of the House to present only certain enrolled house bills to the governor, following floor debate about separation-of-powers and constitutional obligations. The chamber voted to suspend rules and take up the resolution; after debate the resolution was adopted by voice vote, the clerk reported.

Why it matters: members during debate warned the resolution could conflict with the Michigan Constitution’s requirement that bills passed by the legislature be presented to the governor. Several speakers framed the matter as a legal and constitutional question about the separation of powers.

Representative Schneider (Representative) opposed the resolution on constitutional grounds, saying, “Refusing to present these 9 bills to the governor subverts the separation of powers.” Representative Carter (Representative) cited the Michigan Constitution directly, noting “Article 4 section 33 of the Michigan constitution states that every bill passed by the legislature shall be presented to the governor before it becomes a law.” Carter characterized presenting bills to the governor as a legal mandate.

Procedural outcome: Representative Smitt introduced the resolution. Representative Fitzgerald moved for a record roll-call vote; the demand for a roll call was not supported and the chamber proceeded. The clerk announced that the resolution was adopted after the voice vote.

The session moved on to other business after the resolution passed; the House later suspended further voting for the day and set an adjournment date and time.

Source: Floor proceedings of the Michigan House of Representatives as recorded in the session transcript.